GIRISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Three petitioners, namely Girish Chandra, Nand Kishor Yadav and Mangi Lal, have preferred this writ petition challenging the impugned order dated 23.03.2001(Annexure-10) passed by the respondents, whereby they were reverted from the post of LDC to the post of Class-IV employee.

(2.) Submission of the learned counsel for petitioners is that vide impugned order dated 23.03.2001, 23 persons including present three petitioners, were reverted from the post of LDC to the post of Class-IV employee, in pursuance of the Circular dated 03.07.2000, issued by the Department of Personnel, Rajasthan, Jaipur, which was issued in pursuance of the order of this Court passed in the case of Prem Kumar Vs. State of Rajasthan(S.B. Civil Writ Petition No.7328/92). He submitted that two similarly situated persons, namely Ghanshyam Saini and Bhagu Singh, whose names appear at Serial No.15 and 20 respectively, in the order dated 23.03.2001, which is impugned in this writ petition also, preferred S.B. Civil Writ Petition No.1631/2001-Ghan Shyam Saini & Bhagu Singh Vs. State & Anr., which was allowed by the Single Bench of this Court vide order dated 24.03.2008 and thereafter the Department accepted the judgment of the Single Bench, by taking a decision of not filing appeal before the Division Bench and order of the Single Bench passed in the case of Ghan Shyam Saini & Anr. Vs. State & Anr., has already been complied with by the respondents. He, therefore, submitted that since impugned order dated 23.03.2001 has already been set aside qua writ petitioners by the Co-ordinate Bench of this Court and the present case is fully covered by the aforesaid decision, which has been accepted and complied with by the respondents, the present writ petition of petitioners may also be allowed and the impugned order may be set aside.

(3.) Learned Senior Counsel appearing on behalf of petitioners further submitted that this Court vide order dated 28.03.2001, was pleased to pass an interim stay order, staying the operation of the impugned order dated 23.03.2001 reverting the petitioners from the post of LDC to the post of Class-IV employee, therefore, petitioners are continuously working since 1992 till date on the post of LDC. He also submitted that petitioner No.3 Mangi Lal has already retired from the post of LDC and petitioner Nos.1 and 2 Girish Chandra and Nand Kishor Yadav respectively, who are also working on the post of LDC till date, as per interim order passed by this Court, are to be retired shortly. He also submitted that order of Co-ordinate Bench of this Court in the case of Ghan Shyam Saini & Anr. Vs. State & Anr., is based on the judgment of Division Bench of Principal Seat of this Court at Jodhpur in the case of State of Rajasthan Vs. Manilal Joshi(Special Appeal No.828/2002), decided on 25.11.2002, operative portion of which has been reproduced in the order passed in the case of Ghan Shyam Saini & Anr. Vs. State & Anr., and order of Division Bench of this Court in State of Rajasthan Vs. Manilal Joshi, has been affirmed by the Hon'ble Supreme Court also and the Special Leave Petition, filed by the State against that order, has been dismissed.