Leave granted.
This appeal challenges the judgment and order dated 16.11.2017 passed by the
High Court of Judicature for Rajasthan at Jaipur in D.B. Civil Special Appeal (Writ)
No.1342 of 2017.
The post of Driver in the Agriculture Department of the State Government at
the relevant time was occupied by one Lalu Ram Meena, whose services were
regularized w.e.f. 16.10.2002 vide office order dated 08.01.2003. However, since said
Lalu Ram Meena was sent on deputation, services of the respondent herein were
engaged on contract basis through Jaipur Ex-Servicemen Welfare Cooperative Society
SignatureLtd.Not Verified(“the Society” for short) sometime in 2009. According to the appellant, a Mukesh Nasa
would be released in favour of the Society.
The services of the respondent were disengaged after said Lalu Ram Meena was
repatriated to the concerned Department. The respondent was, thus, directed to
handover charge of the vehicle in question to said Lalu Ram Meena vide office order
dated 05.05.2015.
This led to the filing of S.B. Civil Writ No.7637 of 2015 by the respondent
praying inter alia that his services were being substituted by another contractual
employee and that his services as Driver in the Department be regularised. The writ
petition so preferred by the respondent was allowed by the Single Judge of the High
Court vide judgment and order dated 09.05.2017 with costs in the sum of Rs.25,000/-.
Being aggrieved, the Department preferred D.B. Civil Special Appeal (Writ)
No.1342 of 2017, which came to be dismissed by the Division Bench of the High
Court by its judgment and order dated 16.11.2017.
Being aggrieved, the State Government has preferred the instant appeal.
The documents on record clearly show that it was not a case of another
contractual or ad hoc employee being appointed in place of the respondent but rather
it was a case of regular appointee getting repatriated to the parent department.
In the circumstances, the High Court was in error in accepting the submissions
advanced on behalf of the respondent and allowing the writ petition preferred by the
respondent.
We, therefore, allow this appeal, set-aside the impugned order passed by the
High Court and dismiss S.B. Civil Writ No.7637 of 2015.
In the peculiar fact situation of the matter, in addition to the costs awarded by
the High Court, we direct the appellant to make over further sum of Rs.25,000/- to the
respondent within four weeks from today.
With these observations, the appeal stands allowed.