HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writs No. 15003/2018

1.

Norang Lal S/o Shri Chatru Ram Balai , Aged About 51

Years, R/o Shahwali Ki Dhani, Tan Kirodi, Post Nangal, Via

Udaipurwati, Tehsil Nawalgarh, District Jhunjhunu

2.

Phool Chand Jat S/o Ghisaram Jat , Aged About 54 Years,

R/o Village And Post Trilokpura, Via Thoi, Tehsil

Shrimadhopur District Sikar

----Petitioners

Versus

1.

The State Of Rajasthan Through Secretary , Rural

Development And Panchayati Raj Department, Govt. Of

Rajasthan, Government Of Rajasthan, Secretariat, Jaipur

2.

Chief Executive Officer , Zila Parishad, Sikar

3.

Chief Executive Officer , Zila Parishad Sawaimadhopur

4.

Block Development Officer , Panchayat Samiti Fatehpur,

District Sikar

5.

Block Development Officer , Panchayat Samiti Bamanvas,

District Shrimadhopur

----Respondents

For Petitioner(s)

:

Mr. R.D. Meena

For Respondent(s)

:

HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

Order

19/07/2018

Learned counsel for the petitioner, at the very outset,

submits that the controversy raised in the instant writ application

stands resolved in view of the adjudication made by a Coordinate

Bench of this Court, at Principal Seat, Jodhpur, in the case of

Jasvindra Singh v. State of Rajasthan & Ors.: S.B. Civil Writ

(2 of 4)

[CW-15003/2018]

Petition Number 879/2012, decided on 31^st July, 2013, observing

thus:

“11. As per Rule 282 of the Rules of 1996, when an

employee of the State Government and of any Local

Body, Panchayati Raj Institution, Corporation or Board

controlled by the State Government s or is likely to be

rendered surplus due to reduction/abolition of the

post, he may be appointed by transfer to the service of

Panchayati Raj institution on a post declared by the

State Government to be equivalent to the post held by

such employee immediately before such transfer.

12. As per sub Rule(2) of Rule 282, the list of such

persons rendered surplus shall be sent by the parent

employer to the Director, Panchayati Raj who shall out

of such list select persons for posts in service for each

district and allot the persons so selected to the District

Establishment committee to the extent of vacancies in

Panchayati Samiti and Zila Parishad concerned where

the seniority of such person shall be fixed according to

the provisions of the Rules of 1969.

13. Similarly, Rule 6 of the Rules of 1969 provides that

for the purposes of absorption of the surplus personnel

under Rule 7, the committee constituted by the State

Government in terms of Rule 5 of the Rules shall

equate the post held by surplus employees with the

post or the class of the post keeping in view the nature

of duties, qualification and pay scale attached to such

post or class of posts.

14. It is not disputed before this court that before

proceeding with the absorption/recruitment by transfer

of the surplus employees, the petitioner and his likes,

the posts held by them in their parent Department

were equated with the post of Gram Sevak and

thereafter, they were absorbed on the post of Gram

Sevak in various Panchayat Samitees pursuant to the

decision taken by the State Government in this regard.

15. It is pertinent to mention here that writ petition

preferred by the work charged employees of

Department of Forest being No. 8078/08 and other

connected matters, who were accorded permanent

status and regularised in service prior to they being

(3 of 4)

[CW-15003/2018]

declared surplus and absorption on the post, stand

allowed by this court today and they have held entitled

for grant of regular pay scale admissible to the post of

Gram Sevak with effect form their initial appointment.

But, indisputably, the petitioner as a work charged

employee had acquired only semi permanent status,

on completion of two years service and therefore,

cannot claim parity vis-a-vis other work charged

employees whose service