KRISHNA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner was initially engaged by the Municipal Board, Kuchaman City as Computer Operator, in the year 2006. It is, inter alia, averred in the writ petition that since inception of his service career, petitioner has been discharging his duties with utmost dedication and has to his credit requisite qualification of Computer Operator. It is also reflected from the pleadings that State Govt. in exercise of power under Sec. 328 of the Rajasthan Municipalities Act, 2009, has sanctioned number of posts for various municipalities and two posts of Computer Operator are also sanctioned for respondent No.4, Municipal Board, Kuchaman City. The decision of the State Govt. in this behalf was conveyed by the Dy. Director, Local Self Govt. vide order dtd. 30/9/2013. The petition also unfurls that the longevity of the services of petitioner and his satisfactory performance as Computer Operator prompted the Municipal Board to recommend him for regularization of his services on the post of Computer Operator. Accordingly, recommendation in this behalf was sent by the Municipal Board to the State Government but same is still pending before the State Govt.

(2.) Learned counsel for the petitioner has also placed reliance on a decision of Supreme Court in State of Karnataka V/s. Uma Devi [(2006) 4 SCC 1]. While referring to office order dated 15th of March, 2017 (Annex.6), it is also pleaded that the Local Self Govt. has issued necessary directions for implementing the verdict given in S.B. Civil Writ Petition No. 18056/2015 (Roshan Lal Saini V/s. State and Ors., decided on 9th of March, 2017) for regularization of the services of employees in consonance with the policy adopted by the State Govt.

(3.) Learned counsel appearing for the State Govt. has not disputed that recommendations have been sent by Municipal Board but has submitted that the matter is still pending consideration before the Directorate.