HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANIL KUMAR UPMAN
SUNIL KUMAR JAIN S/O SHRI SHIKHAR CHAND JAIN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 7933 / 2026
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[2026:RJ-JP:20437]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7933/2026
Sunil Kumar Jain S/o Shri Shikhar Chand Jain, Aged About 59
Years, R/o 3/324 Kala Kua, Aravali Vihar, Housing Board, Alwar
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Jaipur (Raj.).
2. The Principal Secretary, Department Of Personel
Government Of Rajasthan, Jaipur (Raj.).
3. The Director, Rural Development And Panchyati Raj
Department (National Rural Employment Program),
Government Of Rajasthan, Jaipur (Raj.)
4. The Additional District Programme Coordinator And Chief
Executive Officer, Zila Parishad, Alwar (Raj.).
5. The District Collector-Cum District Programme
Coordinator,(Egs), Alwar (Raj.).
6. The Development Officer-Cum-Programme Coordinator,
Panchayat Samiti Ramgarh, District Alwar (Raj.)
----Respondents
For Petitioner(s) : Mr. Rajender Prasad Gautam
For Respondent(s) : Mr. Prateek Saxena, AAAG for
Mr. Kapil Prakash Mathur, AAG
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
12/05/2026
1. The instant writ petition has been filed by the petitioner with
following prayer:-
“It is therefore, humbly and respectfully prayed that
this writ petition of the petitioner may kindly be
allowed and by an appropriate writ order or direction:
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##PAGE2##[2026:RJ-JP:20437] (2 of 8) [CW-7933/2026]
(A) the action of the respondents while not
extending the services of the petitioner upto 65 years
of age and terminating services of the petitioner on
dated 01.07.2026 despite the fact that the aspirants
of 65 years of age are being considered for
continuing on contractual appointment, may kindly be
declared per se illegal, arbitrary and contrary to the
provisions of Constitution of India and thus,
respondents may kindly be directed to not
terminating service of the petitioner on dated
01.07.2026 on account of he attains age 60 years.
(B) The respondents may kindly be directed to
extend the contractual services of the petitioner upto
65 years of age and permit him to continue his
services on the post of Jr. Technical Assistant in
Panchayat Samiti Ramgarh, District Alwar till he
attains the age of 65 years.
(C) Any other appropriate writ, order or direction
which this Hon’ble Court may deem just and proper
in the facts and circumstances of the case may kindly
be passed in favour of the petitioner.”
2. Learned counsel appearing for the petitioner submits that
initially, the petitioner was appointed to the post of Junior
Technical Assistant under the NREGA Scheme vide order dated
26.03.2008 on a contractual basis, and he joined his duties at
Panchayat Samiti Laxmangarh, Alwar. Counsel further submits that
at the time of his initial appointment, the petitioner was 42 years
of age and has rendered contractual services in the respondent
Department for a period of about 18 years. It is further submitted
that the petitioner is going to attain the age of 60 years on
01.07.2026.
3. Learned counsel further submits that the maximum age
prescribed for a Junior Technical Assistant is 65 years and there
exists a provision for extension of services of a Junior Technical
Assistant up to the age of 65 years. Since the petitioner was going
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to attain the age of 60 years, he submitted a request before the
respondent-Department seeking extension of his contractual
services on the post of Junior Technical Assistant up to the age of
65 years. However, no heed was paid by the respondent-
Department to the request made by the petitioner for extension of
his services with effect from 01.07.2026 upon his attaining the
age of 60 years.
4. Learned counsel further submits that the action of the
respondent-Department is wholly illegal and arbitrary, inasmuch
as candidates up to the maximum age of 65 years are being
consi
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