HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 20485/2019

Pukhraj Kharwal S/o Shri Gopi Lal Kharwal, Aged About 41

Years, Resident Of Gokul Tent House, Ajmer Road, Malpura,

Distt. Tonk, Presently Posted As Junior Assistant, Panchayat

Samiti, Malpura, Distt. Tonk (Rajasthan).

----Petitioner

Versus

1.

State Of Rajasthan, Through Principal Secretary, Rural

Development And Panchayati Raj Department,

Government Secretariat, Jaipur.

2.

Chief Executive Officer, Zila Parishad, Tonk.

3.

Zila Pramukh Cum Ex-Officio Chairman, District

Establishment Committee, Zila Parishad, Tonk.

----Respondents

For Petitioner(s)

:

Mr. Laxmi Kant Malpura, Adv.

For Respondent(s)

:

Mr. Ganesh Parihar, AAG with

Mr. Sameer Sharma, Adv.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

05/05/2022

Counsel for the petitioner submits that the issue involved in

this writ petition has been considered and decided by the

Co-ordinate Bench of this Court at Principal Seat Jodhpur in the

matter of Babu Lal Meena & Ors. Vs. State of Rajasthan &

Ors. (S.B. Civil Writ Petition No. 144/2015) and other connected

matters wherein on 01.09.2015, the following order was passed:-

“1. Heard learned counsel for the parties.

2. The instant bunch of writ petitions is preferred

by the petitioners prosecuting a common cause of

action and praying for an identical relief and are

thus being decided together by this common order.

(2 of 11)

[CW-20485/2019]

3. The petitioners herein were all engaged on

contractual basis on various posts viz. Accounts

Assistant etc. in Mahatma Gandhi National Rural

Employment Guarantee Scheme (MNREGS) being

run jointly by the Central Government and the

State Government. The initial document which was

executed for engaging the petitioners on contract

basis was of one year duration whereafter, the

contract period was extended from time to time. It

is admitted case of the parties that the petitioners

have been satisfactorily serving the respondents on

contractual basis for last nearly 5 years. In order to

provide an avenue of substantive employment to

such contractual employees who were serving

under NREGS and like schemes for a fairly long

period, the State Government, through various Zila

Parishads issued districtwise advertisements dated

14.2.2013 under the Rajasthan Panchayati Raj

Rules, 1996 (for short, ‘the Rules of 1996’) inviting

applications from the aspirants for appointment on

the post of L.D.C. The eligibility criterion for

selection under the advertisement was as below :-

Senior Secondary from a recognized

board or its equivalent examination,

Or

“O” or Higher Level Certificate Course

conducted by DOEACC under control

of the Department of Electronics,

Government of India.

Or

Computer Operator & Programming

Assistant (COPA)/ Data Preparation

and Computer Software (DPCS)

certificate

Organised

under

National/State Council of Vocational

Training Scheme.

Or

Diploma

in

Computer

Science/Computer Applications from a

University established by law in India

or from an institution recognized.

Or

Diploma in Computer Science and

Engineering from a Polytechnic

Institute approved from State

Government.

Or

Certified

course

in

R.S.C.I.T.

conducted by Vardhman Mahaveer

Open University, Kota.

In addition thereto, the bonus marks were

provided for experience gained by the applicants

during their contractual stints with the respective

Zila Parishads in NREG Scheme or like schemes viz.

Nirmal Bharat Abhiyan etc.

(3 of 11)

[CW-20485/2019]

4. Being entitled and eligible for appointment, the

petitioners herein applied against the advertised

posts.

5. A proviso was inserted in Rule 273 of the Rules

of 1996 providing that based on the length of

service of more than one year as Junior Technical

Assistant, Junior Engineer, Gram Rojgar Sahayak,

Data Entry Op