HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 7782/2017

Jitendra Kumar Sharma S/o Late Shri Bake Lal Ji, Resident Of

251/14, Patel Nagar, Maholi Road, Mathura, Uttar Pradesh.

----Petitioner

Versus

1.

State Of Rajasthan Through Secretary, Department Of

Devasthan, Government Of Rajasthan, Jaipur.

2.

The Commissioner, Department Of Devasthan,

Government Of Rajasthan, Udaipur.

3.

The Assistant Commissioner, Department Of Devasthan,

Vrindavan, U.p.

----Respondents

Connected With

S.B. Civil Writ Petition No. 7783/2017

Virendra Singh S/o Sh. Fateh Singh Ji, Resident Of Jaipur Mandir,

Mathura Road, Vrindavan, Uttar Pradesh.

----Petitioner

Versus

1.

State Of Rajasthan Through Secretary, Department Of

Devasthan, Government Of Rajasthan, Jaipur.

2.

The Commissioner, Department Of Devasthan,

Government Of Rajasthan, Udaipur.

3.

The Assistant Commissioner, Department Of Devasthan,

Vrindavan, U.P.

----Respondents

For Petitioner(s)

:

Mr. Suresh Pareek for

Mr. NC Sharma

For Respondent(s)

:

Mr. Shailesh Sharma, AGC

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

31/03/2022

(2 of 3)

[CW-7782/2017]

Since, both these petitions are having identical issues,

therefore, both are heard and decided by this common order.

Learned counsel for the petitioner submits that the issue

involved in these petitions has already been decided by the co-

ordinate Bench of this Court in the case of Sham Lal Vs. State of

Rajasthan & Ors. in SB Civil Writ Petition No.3644/2005 decided

by the Principal Seat, on 15.05.2017 by observing thus:-

"Learned counsel for the petitioner

submits that the controversy involved in the

instant writ petition stands concluded by

decision of this Court in Smt. Kanchan Devi Vs.

State of Rajasthan S.B. Civil Writ Petition

NO.473/93 decided on 5.1.2000. The decision

of the learned Single Judge has been affirmed

by a Division Bench while dismissing the

appeal filed by the State vide judgment dated

4.9.2001 in State of Rajasthan Vs. Smt.

Kanchan Devi D.B. Civil Special Appeal (Writ)

No.403/2001, against which the State

preferred a special leave petition before

Hon'ble Supreme Court which came to be that

thereafter the State filed a review petition

before the Hon'ble Supreme Court which also

came to be dismissed vide Annex.12. Thus,

the order of the learned Single Judge has

attained finality.

The facts stated by the learned counsel

for the petitioner have not been disputed by

learned Deputy Government Advocate

appearing for the respondent State. In this

view of the matter, the writ petition deserves

to be allowed in terms of the decision of this

Court in Kanchan Devi Vs. State of Rajasthan,

S.B.Civil Writ Petition NO.473/93 decided on

5.1.2000.

Accordingly, the writ petition is allowed.

It is declared that the Rajasthan Subordinate

Offices Ministerial Staff Rules, 1957 did apply

to the services of the petitioner and he is

entitled to be considered for regularisation

under Rule 25 (10) of the Ministerial Staff

Rules, 1956. It is further directed that the

respondents shall consider and decide the case

of the petitioner for regularisation within a

period of three months from the date of

production of certified copy of this order and

shall give him benefits which will accrue to him

after regularisation of his services by the

authority concerned. There shall be no order

as to costs."

(3 of 3)

[CW-7782/2017]

Counsel for the petitioner further submits that the

respondents assailed the aforesaid order dated 15.05.2017 before

the Division Bench by way of filing Special Appeal Writ No.759 of

2007 and the same was also dismissed on 25.07.2011. Against

which the respondents-State submitted Special Leave to Appeal

(civil) CC No.6920/12 and the same was also dismissed by the

Hon’ble Supreme Court vide order dated 27.04.2012. Learned

couns