SURESH YADAV Vs. NAGAR NIGAM JAIPUR

JUDGEMENT

(1.) Instant petition has been filed by the petitioner with the following prayer:-

(2.) Counsel for the petitioner submits that the petitioner was appointed on the post of Driver on contract basis through placement agency in the year 1995 but his services were terminated in the month of February, 1999 and again he was taken back in service on the same post in the month of June 1999. Counsel submits that since then the petitioner was continuously working on the said post of Driver without interruption and the respondents are liable to regularize the services of petitioner. Counsel submits that the case of the petitioner is squarely covered by the judgment of this Court passed in the case of Lachchhi Ram Sharma Vs. Jaipur Municipal Corporation, Jaipur and Anr. (SBCWP No. 5303/2008 decided on 17/9/2008). Counsel for the petitioner further submits that the judgment of this Court passed in the case of Lachchhi Ram Sharma (Supra) was assailed by the Jaipur Municipal Corporation before Division Bench of this Court by filing D.B. Civil Special Appeal (Writ) No. 399/2009 and the same was dismissed. Counsel submits that under these circumstances, same order may be passed in the instant case directing the respondents to regularize the service of petitioner along with all consequential benefits.

(3.) Learned counsel for the petitioner has also placed reliance on the judgments of the Hukum Chand and Anr. Vs. Industrial Tribunal, Jaipur and Ors. (S.B. Civil Writ Petition No. 5043/2005 decided on 2/1/2017) and Om Prakash Vs. State of Rajasthan and Anr. (S.B. Civil Writ Petition No. 13615/2012, decided on 14/9/2017).