Tara Pargi W/o Shri Pawan Kumar Pargi vs State Of Rajasthan, Through The Secretary Social Welfare Department

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 884

FARJAND ALI
Tara Pargi W/o Shri Pawan Kumar Pargi – Appellant
Versus
State Of Rajasthan, Through The Secretary Social Welfare Department – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pulkeshwar Rajpurohit for Mr. Mahipal Rajpurohit
For the Respondent: Mr. Praveen Khandelwal with Mr. Piyush Bhandari

ORDER :

Farjand Ali, J.

1. Learned counsel for the parties jointly submit 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 continuity in service. A writ petition was preferred by the State against the award passed by the Labour Court which was dismissed on 25.02.2002 and consequently the petitioner was reinstated in service on 19.10.2002. From 01.08.2005, the petitioner was again not permitted to work. In the circumstances, the petitioner again preferred a writ petition being Civil Writ Petition No.4979/2005 which was allowed vide order dated 02.09.2008 and in pursuance