Full Judgment
S.B. CIVIL WRIT PETITION No.4028/2014. Ashok Kumar Mathur Vs. State & Ors. Final Order dated 24.09.2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER
:: S.B. CIVIL WRIT PETITION No.4028/2014. Ashok Kumar Mathur Vs. State & Ors. .. Date of Order ::::
24. h September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Vimal Mathur, for the petitioner. -- BY THE COURT:
1. In view of the order passed today disposing of the similar case of Raghunath Ram Vs. State & Ors., CW No.5306/2014, the present writ petition has been taken on board and the same is being decided by this order, as prayed by the learned counsel for the petitioner. 2.. The present writ petition has been filed by the petitioner on 24.05.2014 with the following prayers:- “i) by an appropriate writ, order or direction, the respondents be directed to confer the benefit of pay scale of store munshi and regularize him on the said post from the date he has completed 2 years of service w.e.f. 01.04.1990 with all consequential benefits including the difference of pay and the arrears of salary. S.B. CIVIL WRIT PETITION No.4028/2014. Ashok Kumar Mathur Vs. State & Ors. Final Order dated 24.09.2014 2/3 ii) by an appropriate writ, order or direction, the respondent state be directed to implement its own policy of the year 2006 to regularize and grant regular pay scale to the Ministerial Staff working in the respondent department and grant them the benefit of Store Munshi and regularize on this post from the date he has completed two years of service while working in the said cadre. iii) Any other appropriate order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. iv) Costs of the writ petition may kindly be awarded to the petitioner.”. 3. The petitioner is aggrieved by non-regularisation of his services on the post of Store Munshi having been appointed as Beldar on daily wages on work charge basis on 14.03.1988 and having been given semi permanent status on 01.04.1990 and non-payment of benefits which were available to the post of Store Munshi. The petitioner submitted that several persons have been granted the above benefits either under the Scheme of the Government launched in the year 2006 or by interference S.B. CIVIL WRIT PETITION No.4028/2014. Ashok Kumar Mathur Vs. State & Ors. Final Order dated 24.09.2014 3/3 of the Court. The petitioner has cited many decisions rendered by this Court. When nothing was done by the respondents, the petitioner has filed the present writ petition with the prayers quoted herein above.
4. Admittedly, the petitioner has not approached the respondent Department for the same grievances which are sought to be raised in the present writ petition. Therefore, the writ petition is considered premature and the same is liable to be disposed of with necessary directions to both the parties.
5. Accordingly and in view of the above, the writ petition is disposed of with a direction and liberty to the petitioner to approach the respondent No.2- The Chief Engineer (Rural), Department of Public Health and Engineering, Civil Lines, Jaipur by way of filing a suitable representation and the said respondent No.2 is expected to decide the same expeditiously, preferably after giving an opportunity of hearing to the petitioner. No order as to costs.
6. A copy of this order be sent to the parties concerned forthwith. (Dr. VINEET KOTHARI), J.
/Mohan/ / S-2 /