ANITA RAJESH HARIJAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The grievance raised and questions involved in these three writ petitions are common, hence they are being decided conjointly. All the above mentioned petitioners were selected against the vacancies advertised for Safai Employees, but subsequently appointment orders issued to the petitioners of the first writ petition (D.B. Civil Writ Petition No.16572/2018) have been canceled, whereas petitioners involved in the other two writ petitions (D.B. Civil Writ Petitions No.13489/2018 and 3475/2019), despite being selected, were not allowed to join duties. The reason for their rejection or denial is that they are having more than two children.

(2.) The factual matrix within the precincts of the question raised and challenge laid in the instant writ petitions unfolds as under:- (2.1) The State of Rajasthan, Department of Local Self Govermnet framed the Rajasthan Municipalities (Safai Employees Service) Rules, 2012 (hereinafter referred to as "the Safai Employees Rules, 2012" or "the Rules of 2012") in exercise of powers conferred to it, by Section 337 and 335 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as "the Act of 2009"). These rules, which were promulgated vide notification dated 18.04.2012, came to be published in the Official Gazette on 04.05.2012 and came into force instantaneously. The Rules of 2012 deal with recruitment, appointment and terms of employment of Safai employees. Rule 9 thereof, which is relevant for the present purpose dealing with the procedure for direct recruitment, reads thus:-

(3.) Having laid the factual and statutory canvas of the case, we deem it appropriate to trace the history of such legislation, so as to have a better perspective of the problem.