Kana Ram Vs. State and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1165253
SubjectEducation
CourtRajasthan Jodhpur High Court
Decided OnOct-01-2014
AppellantKana Ram
RespondentState and ors
Excerpt:
s.b. civil writ petition no.6063/2014. kana ram vs. state of rajasthan & ors. order dated 01/10/2014 1/3 in the high court of judicature for rajasthan at jodhpur. :: order :: s.b. civil writ petition no.6063/2014. kana ram vs. state of rajasthan & ors. date of order ::::01. t october, 2014. present hon'ble dr. justice vineet kothari appearance: mr. bheemkant vyas, for the petitioner. -- by the court:1. heard learned counsel for the petitioner.2. learned counsel for the petitioner submits that the petitioner initially was appointed on the post of sweeper on ad hoc basis in the year 2000, however, his services were terminated and against such termination, the petitioner approached this court by way of filing writ petition, however, the writ petition filed by the petitioner was dismissed with a liberty to petitioner to apply for the said post in pursuance of fresh advertisement, if any, issued by the respondents. the petitioner s.b. civil writ petition no.6063/2014. kana ram vs. state of rajasthan & ors. order dated 01/10/2014 2/3 thereafter was allowed to continue to work as sweeper in the respondent, municipal council, nagaur.3. it is submitted that the respondent department issued another advertisement in the year 2012 inviting applications from eligible candidates. according to petitioner, he was called for interview in the said selection process, and he was interviewed on 01.08.2013, however, the petitioner was not given appointment on the post of sweeper. the petitioner, therefore, preferred this writ petition as he has not been provided appointment in pursuance to the advertisement dated 05.06.2012.4. before filing the present writ petition, the petitioner has not approached the respondents by way of appropriate representation raising his grievances as to why his candidature has not been considered for the post of sweeper. therefore, the reason for the non-consideration of petitioner's candidate is not known to the petitioner nor to this court. in such circumstances, the present writ petition filed by the petitioner is considered to be premature and same deserves dismissal.5. accordingly, the present writ petition filed by the petitioner is dismissed as premature. the petitioner will be at liberty to approach the respondents first by way of suitable representation and the concerned authorities of the respondents s.b. civil writ petition no.6063/2014. kana ram vs. state of rajasthan & ors. order dated 01/10/2014 3/3 are expected to decide the same in accordance with law expeditiously. no costs. a copy of this order be sent to the concerned parties forthwith. (dr. vineet kothari), j.dj/- 4
Judgment:

S.B. CIVIL WRIT PETITION No.6063/2014. Kana Ram Vs. State of Rajasthan & Ors. Order dated 01/10/2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER

:: S.B. CIVIL WRIT PETITION No.6063/2014. Kana Ram Vs. State of Rajasthan & Ors. Date of Order ::::

01. t October, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Bheemkant Vyas, for the petitioner. -- BY THE COURT:

1. Heard learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that the petitioner initially was appointed on the post of Sweeper on ad hoc basis in the year 2000, however, his services were terminated and against such termination, the petitioner approached this Court by way of filing writ petition, however, the writ petition filed by the petitioner was dismissed with a liberty to petitioner to apply for the said post in pursuance of fresh advertisement, if any, issued by the respondents. The petitioner S.B. CIVIL WRIT PETITION No.6063/2014. Kana Ram Vs. State of Rajasthan & Ors. Order dated 01/10/2014 2/3 thereafter was allowed to continue to work as Sweeper in the respondent, Municipal Council, Nagaur.

3. It is submitted that the respondent Department issued another advertisement in the year 2012 inviting applications from eligible candidates. According to petitioner, he was called for interview in the said selection process, and he was interviewed on 01.08.2013, however, the petitioner was not given appointment on the post of sweeper. The petitioner, therefore, preferred this writ petition as he has not been provided appointment in pursuance to the advertisement dated 05.06.2012.

4. Before filing the present writ petition, the petitioner has not approached the respondents by way of appropriate representation raising his grievances as to why his candidature has not been considered for the post of Sweeper. Therefore, the reason for the non-consideration of petitioner's candidate is not known to the petitioner nor to this Court. In such circumstances, the present writ petition filed by the petitioner is considered to be premature and same deserves dismissal.

5. Accordingly, the present writ petition filed by the petitioner is dismissed as premature. The petitioner will be at liberty to approach the respondents first by way of suitable representation and the concerned authorities of the respondents S.B. CIVIL WRIT PETITION No.6063/2014. Kana Ram Vs. State of Rajasthan & Ors. Order dated 01/10/2014 3/3 are expected to decide the same in accordance with law expeditiously. No costs. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.

DJ/- 4