IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
SB Civil Writ Petition No.2935/2010
Ramji Lal Gurjar
Vs.
Jaipur Municipal Corporation & anr.
DATE OF ORDER : 04/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mrs. Sudesh Kasana, for petitioner.
Counsel for petitioner submits that the petitioner is working as Vehicle Driver since 01/04/2003 in Jaipur Municipal Corporation but despite he has rendered service satisfactorily still has not been considered for regularization despite representation being submitted by him.
Counsel further submits that in CWP-5303/2008 (Lachchhi Ram Sharma Vs. Jaipur Municipal Corporation & anr) filed by the person similarly situated, the Court directed vide order dated 17/09/2008 to regularize his services on the post of Vehicle Driver.
In the opinion of this Court, the submission is without substance for the reason that the post of Vehicle Driver is included in the Schedule appended to the Rajasthan Municipal (Subordinate & Ministerial Services) Rules, 1963. In the absence of appointment being made in terms of the procedure laid down under the Rules, 1963, the incumbent, merely because of being appointed as a back door entry, cannot claim regularization of service and this has been considered by the Apex Court in the judgment reported in (2006)4 SCC 1 (Secretary, State of Karnataka & ors Vs. Uma Devi & 3 ors.). So far as the judgment on which counsel has placed reliance, this fact has not come on record in regard to the mode of recruitment being followed while considered for regularization of service by the Court, it is of no assistant to the petitioner.
Consequently, the writ petition is without merit and it is accordingly dismissed.
[AJAY RASTOGI], J.
Raghu-2935-CW-2010-final-pro.sus.doc