HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Special Appeal (Writ) No. 1609/2019

in

S.B. Civil Writ Petition No. 19015/2018

Shivkaran Singh Bhukhar S/o Shri Bhagwana Ram Bhukar, Aged

About 42 Years, R/o C-258, Kardhani, Kalwar Road, Jaipur.

----Appellant

Versus

1.

State Of Rajasthan, Through Its Secretary, Tribal Area

Development Department, Government Of Rajasthan,

Secretariat, Jaipur.

2.

The Director, Sanitation Water And Community Health

Project, T.R.I. Campus, Ashok Nagar, Udaipur (Raj.)

3.

The Commissioner, Tribal Area Development Department

And President Sanitation Water And Community Health

Project, Jaipur (Raj.)

4.

The Project Manager, Sanitation Water And Community

Health Project, 25, Alkapuri, Udaipur (Raj.)

5.

Project Officer, Sanitation Water And Community Health

Project, Shahbad District Baran (Raj.)

----Respondents

Connected With

D.B. Civil Special Appeal (Writ) No. 1605/2019

in

S.B. Civil Writ Petition No. 2176/2018

Nawal Kishore Nagar S/o Shri Amar Lal Nagar, Aged About 47

Years, R/o Village Gigcha, Post Badipura, Tehsil Kishanganj,

District Baran (Raj.).

----Appellant

Versus

1.

State Of Rajasthan, Through Its Secretary, Tribal Area

Development Department, Govt. Of Rajasthan,

Secretariat, Jaipur

2.

The Director, Sanitation Water And Community Health

Project, Udaipur (Raj.)

3.

The Commissioner, Tribal Area Development Department

(2 of 6)

[SAW-1609/2019]

And President Sanitation Water And Community Health

Project, Udaipur (Raj).

4.

The Project Manager, Sanitation Water And Community

Health Project, Badi Road, Hawala Khurd, Udaipur (Raj.)

5.

Project Officer, Sanitation Water And Community Health

Project, Shahbad District Baran (Raj.)

----Respondents

For Appellant(s)

:

Mr. Tanveer Ahmed, Advocate through

video conferencing

For Respondent(s)

:

Mr. Ganesh Meena, Additional

Advocate General with Mr. Bhanu

Sharma, Advocate

Mr. Prateek Mathur, Advocate with Mr.

Karan Audichya, Advocate through

video conferencing

HON'BLE MRS. JUSTICE SABINA

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

29/01/2021

Vide this order above two appeals would be disposed of,

as they involve common question in law.

Appellants have filed the appeals challenging the order

passed by the learned Single Judge, whereby, their writ petitions

were dismissed with liberty to file fresh before Principal Seat of

this Court at Jodhpur.

Learned counsel for the appellants has submitted that

so far as appellant Shivkaran Singh Bhukhar is concerned, he was

working at Jaipur, whereas, appellant Nawal Kishore Nagar was

working at Baran district under the respondents. Hence, Jaipur

Bench of this Court had the jurisdiction to hear the writ petitions.

Learned State Counsel has submitted that the writ

petitions were maintainable at Jaipur Bench of this Court.

(3 of 6)

[SAW-1609/2019]

Learned counsel for the respondent nos. 2 to 4 has

submitted that the order passed by the learned Single Judge was

liable to be upheld, as the lis involved in the present case relates

to Udaipur and the writ petition would lie at Principal Seat of this

Court at Jodhpur.

Appellants had filed the writ petitions claiming

regularization of their services. It is the case of the appellants that

State of Rajasthan had floated scheme of Sanitation Water and

Community Health Project (SWACH) in the year 1986 under the

Department of Tribal Area Development. Appellant Shivkaran

Singh Bhukhar was appointed on the post of Agriculture Specialist

on ad-hoc basis under Project Officer, Sanitation Project, Jaipur

and is working there since 8.1.1999. So far as appellant Nawal

Kishore Nagar is concerned, he was appointed as Supervisor vide

order dated 8.9.1990 and is working under Project Officer,

SWACH, Baran. Hence, the appellants claimed that they were

entitled for regularization of their services.

Thus, the appellants are working within the territorial

jurisdiction of this