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2023 Supreme(Raj) 265

PUSHPENDRA SINGH BHATI
Rukhamo Devi W/o. Shri Mula Ram – Appellant
Versus
State of Rajasthan, Through the Secretary, Social Welfare Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mahipaal Rajpurohit.
For the Respondent: Mr. AK Gaur, AAG.

ORDER :

1. The present misc. application has been preferred by the petitioner seeking correction / modification in the order dated 17.01.2023 passed by this Court in S.B. Civil Writ Petition No.5842/2021.

2. For the reasons mentioned in the application, the same is allowed and the order dated 17.01.2023 passed by this Court is substituted by following order :-

"Learned counsel for the petitioner submits that the petitioner has completed more than ten years of service on the post in question.

Mr. Anil Gaur, AAG submits the controversy is covered by the order passed by a coordinate Bench of this Hon’ble Court in Mahaveer Prasad Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11611/2013) on 18.02.2022. The order reads as follows:

    “The facts of the case are as under:

The petitioner was appointed as Cook-cum-Chowkidar with the respondent-Department on 01.11.1995. His services were retrenched on 01.03.1997 against which a claim was filed before Labour Court, Bikaner (hereinafter referred to as ‘the Labour Court’). Vide award dated 27.01.2001, the Labour Court proceeded on to allow the claim of the petitioner and the petitioner was declared to be entitled to reinstatement with contin

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