[2025:RJ-JD:35015]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7430/2024 Ramnarayan Choudhary S/o Late Pusaram, Aged About 52 Years, Khangta, Panchayat Samiti Pipar City, District Jodhpur.

----Petitioner Versus

1. The State Of Rajasthan, Through Chief Secretary, Rural Development And Panchayati Raj Department, Rajasthan.

2. Chief Secretary, Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. District Collector, Jodhpur Rural.

4. Chief Executive Officer, Zila Parishad Jodhpur.

5. Secretary And Block Development Officer, Panchayat Samiti Pipar City, Jodhpur.

6. Chairman, Panchayat Samiti Pipar City, Jodhpur.

7. Mahipal Pichkia S/o Ramdeen, Village Khangta, Pipar City, District Jodhpur At Present Junior Assistant, Gram Panchayat Khangta, Pipar City, Jodhpur.

----Respondents For Petitioner(s) : Mr. Devendra Singh Rathore For Respondent(s) : Mr. Vikas Bijarnia HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

07/08/2025 By way of filing the instant writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief:

“It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(a) By any appropriate writ/order or direction Para 01 of Proposal 17 of General House Proceedings details dated 25.01.2024 (Annex.3) may be quashed and set-aside qua the petitioner;

(b) By any appropriate writ, order or direction the representation(s) dated 16.02.2024 may be decided expeditiously.

(c) Any other appropriate writ or order or direction which is favourable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.”

Learned counsel for the petitioner submitted that the respondent No.7 – Mahipal Pichkia, is illegally holding a public office- the office of Junior Assistant at Gram Panchayat Khangta, Pipar City, Jodhpur. Learned counsel submitted that various disciplinary proceedings were initiated against the respondent No.7 by the official respondents through letter dated 14.05.2014 and orders dated 01.06.2016 and 09.06.2016 while he was on probation and therefore, it cannot be said that he has satisfactorily completed his probation period and deserves regularization of his services. Learned counsel submitted that the proceedings for regularization of the respondent No.7’s services were undertaken and completed by the respondents in utter violation of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as ‘the Rules of 1996’) and therefore, the order dated 25.1.2024 whereby the services of the respondent No.7 have been regularized, deserves to be quashed and set aside.

Heard learned counsel for the petitioner. Perused the material available on record.

Upon perusal of the case file, this Court finds that educational qualification and eligibility of the respondent No.7 to hold the post of Junior Assistant, Gram Panchayat Khangta, Pipar City, Jodhpur is not in dispute before this Court. It is also not in dispute that presently no disciplinary inquiry is pending against the respondent No.7. This Court from the perusal of the case file further finds that the respondent No.7 being aggrieved by the delay/denial of regularization of his services filed S.B. Civil Writ Petition No.5029/2020 “Mahipal Pichkia Vs. State of Rajasthan &

Ors.” before this Court during pendency thereof, the coordinate Bench of this Court was informed that the claim of the respondent No.7 for regularization of services has been accepted and an appropriate administrative order dated 25.1.2024 in that regard has already been passed.

Keeping in view the aforesaid, S.B. Civil Writ Petition No.5029/2020 filed by respondent No.7 came to be disposed of by the coordinate Bench of this Court vide order dated 29.01.2024 with a liberty to the respondent No.7 (petitioner therein) to file a representation before the competent authority in case he has any grievance either on the date of regularization or a