HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Spl. Appl. Writ No. 444/2020

Virendra Singh Solanki S/o Late Shri Santosh Singh Solanki,

Aged About 50 Years, By Caste Mali, R/o Kanawaton Ka Bass,

Gaiwa, Soorsagar By Pass Road, Jodhpur At Present Working As

Sanitary Inspector Grade Ii In The Municipal Corporation,

Jodhpur.

----Appellant

Versus

1.

The State Of Rajasthan, Through The Director, Local Self

Government Department, Govt. Of Rajasthan, Jaipur.

2.

The Municipal Corporation Jodhpur, Through Its Chief

Executive Officer.

3.

The Commissioner, Municipal Corporation, Jodhpur.

----Respondents

For Appellant(s)

:

Mr. Vikas Chouhan

For Respondent(s)

:

-

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

06/04/2022

The instant special appeal (writ) has been preferred by

the appellant petitioner Virendra Singh Solanki being aggrieved of

the order dated 02.03.2020 passed by the learned Single Bench,

whereby S.B. Civil Writ Petition No.9882/2019 preferred by the

petitioner was dismissed. By way of the said writ petition, the

petitioner sought the following reliefs :-

“i. the respondents be directed to immediately absorb

and confirm appointment of the petitioner as Sanitary

Inspector Grade II from the date when the circular

dated 22.03.2000 (Annexure-2) came to be issued or

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[SAW-444/2020]

when the petitioner acquired qualification for holding

such post, with all consequential benefits.

ii. Respondents be directed to pay salary to the

petition in the pay scale prescribed for the post of

a) Nakedar from the intial date of appointment i.e.

02.02.1990 to 22.03.2000 in the department as the

petitioner is having requisite qualification for

appointment on the post of Nakedar.

b) Sanitary Inspector Grade I from 22.03.2000 till

date or from the date when the petitioner acquired the

qualification of Sanitary Inspector i.e. year 2001 with

all consequential benefits.”

Mr. Vikas Chouhan, learned counsel representing the

appellant, vehemently and fervently contended that the learned

Single Bench was absolutely unjustified in foreclosing the right of

the petitioner by dismissing the writ petition on the ground of

delay and latches. He urged that the issues, which the petitioner

had raised in the earlier Writ Petition No.6443/2011, were totally

different from the ones raised in the present writ petition, which

pertains to illegality in initial appointment given to the petitioner

as Naka Guard instead of Nakedar. He urged that as the challenge

laid by the petitioner is based purely on issues of law, the same

cannot be shut out on the ground of delay.

We have given our thoughtful consideration to the

submissions advanced by Mr. Chouhan and have gone through the

material available on record.

The appointment of the petitioner as a Naka Guard in

the Municipal Corporation, Jodhpur was made on compassionate

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[SAW-444/2020]

basis way back in the year 1990. For the first time, the petitioner

raised a controversy in relation to his service by filing Writ Petition

No.6443/2011 owing to his non-absorption pursuant to stagnation

in the cadre of Naka Guard. The issue regarding the petitioner

having been wrongly afforded appointment to the post of Naka

Guard rather than Nakedar was never raised in that writ petition

even though such an opportunity was available. As a

consequence, we are of the firm view that the challenge laid by

the petitioner while filing Writ Petition No.9882/2019 was suffering

from gross latches and delay and was rightly turned down by this

court on this ground. As matter of fact, the petitioner is trying to

take undue advantage of some passing remarks in the order dated

01.06.2017 passed by the Division Bench of this court while

considering Contempt petition No.896/2016 filed by the petitioner.

Consequently, we are of the firm view that the impugned order

dated 02.03.2020 does not s