[2026:RJ-JP:11635]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9312/2024 Onkar Meena S/o Sh. Pratap Meena, Aged About 50 Years, R/o Village Khijuria Ahiran, Post Phaliyawas, Tehsil Bassi, District Jaipur. Presently posted as Junior Technical Assistant, Panchayat Samiti Shahpura, Dist-Jaipur Gramin, Rajasthan.

----Petitioner Versus

1. State of Rajasthan, through Additional, Chief Secretary.

Rural Development and Panchayati Raj Department, Government Secretariat, Rajasthan, Jaipur.

2. Commissioner EGS, Rural Development & Panchayati Raj Department. (Section 3 Mahatma Gandhi NREGA)

Government Secretariat, Jaipur.

3. District Program Coordinator, EGS & District Collector, Shahpura, Dist- Jaipur Gramin, Rajasthan.

4. Chief Executive Officer, Zila Parishad, Shahpura, Dist-

Jaipur Gramin, Rajasthan.

----Respondents For Petitioner(s) : Mr. Vikas Jain For Respondent(s) : Mr. Aditya Sharma for Mr. Kesar Singh Shekhawat, Addl. GC HON'BLE DR. JUSTICE NUPUR BHATI

Order

18/03/2026

1. Writ petition has been filed with the following prayer:

"It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to accept and allow this writ petition and may kindly call for record and same may kindly be perused, if this Hon'ble court so pleases:-

(i) By issuing appropriate writ order or direction, it may kindly be held that the petitioner is eligible for regular appointment under the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 as the petitioner has completed more than 9 years of service as prescribed under the aforesaid rules of 2022.

(ii) By issuing of appropriate writ order or direction, period between the date of termination dated 1/12/15 to the date of reinstatement dated 18/5/23 may kindly be directed to be computed towards length of service of the petitioner by maintaining continuity of services and it may further by held that the petitioner is entitled to have his service counted from the initial date of appointment i.e 7/6/08 till 1/4/24.

(iii) By appropriate writ order or directions, the respondents may kindly be directed to consider the candidature of petitioner for regular appointment under the aforesaid rules of Rajasthan Contractual Hiring to Civil Posts Rules, 2022 against the aforesaid 4966 created posts as and when the appointment process is initiated and in case the petitioner is found suitable and meritorious then appointment may be given to the petitioner.

(iv) In case during pendency of this Writ Petition any order prejudicing the rights of petitioner is passed by the respondents, the same may kindly be taken on record and may also be quashed and set-aside.

(v) Any other Order or direction which this Hon'ble Court deems fit may also be passed in favour of the petitioner."

2. Brief facts of the case are that the petitioner is a resident of Jaipur and was appointed as a Senior Technical Assistant under the MGNREGA scheme in 2008. He worked sincerely, but in 2012 some irregularities were alleged against him. After he submitted his explanation, the matter was closed by imposing a minor penalty of a 10% salary deduction for six months, which he duly complied with. However, after more than two years, the authorities initiated fresh disciplinary proceedings on the same allegations and terminated his services in 2015. The petitioner challenged this termination before the Rajasthan High Court, Jaipur Bench, which, by its order dated 04.05.2023, quashed the termination and directed his reinstatement. He was accordingly reinstated on 18.05.2023, and later, in February 2024, the department also cancelled the disciplinary and recovery proceedings against him. The petitioner submits that, in view of the High Court’s order and subsequent departmental actions, his entire service from the date of initial appointment should be counted continuously. By this calculation, he has completed more than 15 years of service as of April 2024, making him eligible for regular appointment under the Raja