[2026:RJ-JP:11941]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2516/2026 Deep Chand Kumawat S/o Lal Chand Kumawat, Aged About 31 Years, R/o Kumawato Ki Dhani, Pawalia, Tehsil Sanganer, Jaipur, Rajasthan 303904 ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department Govt. Secretariat, Jaipur (Raj.)

2. Commissioner, Nagar Nigam Jaipur, Pandit Deendayal Upadhyay Bhawan, Lal Kothi, Nagar Nigam Jaipur-302015

3. Deputy Commissioner, Sanganer Zone, Nagar Nigam Jaipur ----Respondents For Petitioner(s) : Ms. Sara Parveen For Respondent(s) : Mr. Manoj Choudhary, Ms. Pooja Dixit, Mr. Yadvendra Patel and Ms. Swati Thory for Mr. G.S. Gill, AAG HON'BLE DR. JUSTICE NUPUR BHATI

Order

19/03/2026

1. This writ petition has been filed with the following prayers -

“i) Issue an appropriate writ, order or direction quashing and setting aside the illegal and arbitrary verbal discontinuation of the petitioner from the post of Computer Operator dated 07.01.2026, being violative of principles of natural justice and Articles 14, 16 and 21 of the Constitution of India;

ii) Issue a writ of mandamus or any other appropriate writ directing the respondents to reinstate the petitioner on the post of Computer Operator with continuity of service and all consequential benefits, including payment of arrears of remuneration and other admissible service benefits;

iii) Declare the action of the respondents in discontinuing the petitioner without issuance of any written order and without affording opportunity of hearing as illegal, arbitrary and unconstitutional;

iv) Direct the respondents not to replace the petitioner by any other person on the same post or to engage any fresh person to perform the duties of Computer Operator in place of the petitioner;

v) Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.”

2. Brief facts of the case are that the petitioner has been continuously engaged as a Computer Operator under the respondent Municipal Corporation since the year 2012 and has been discharging duties relating to computer operations, data management, online portals, maintenance of official records, correspondence, and other essential administrative functions. From the very inception, the petitioner was engaged in a regular and uninterrupted manner and not on a casual or sporadic basis, thereby establishing a long-standing and continuous engagement of more than thirteen years. The nature of duties performed by the petitioner is perennial and essential, as the functioning of the Municipal Corporation is dependent upon computerized operations and data management. During the course of his service, the petitioner was entrusted with responsibilities not only by subordinate officers but also by senior officers including the Deputy Commissioner, and was at times directly assigned work by Respondent No. 3, as reflected from documents annexed on record. The petitioner has performed his duties with utmost sincerity, dedication, and efficiency, and no complaint or adverse remark has ever been made against him. In recognition of his satisfactory services, the respondents issued appreciation letters and experience certificates. Further, Provident Fund deductions were regularly made from his remuneration, clearly indicating the existence of an employer-employee relationship. The petitioner was also assigned duties pursuant to Office Order dated 12.11.2025 relating to helpline services for Special Intensive Revision, demonstrating that he continued to be entrusted with official responsibilities even by State authorities. Despite the continuous and perennial nature of work and the respondents having availed his services for more than a decade, the petitioner was abruptly and arbitrarily discontinued from service on 07.01.2026. The discontinuation was effected verbally without issuing any written order