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S.B. CIVIL WRIT PETITION NO.1848/1997
Arun Sharma
Vs.
State of Rajasthan and Anr.
DATE OF ORDER :: 06.10.2009
HON'BLE MR. GOVIND MATHUR, J.
Mr.PP Choudhary, for the petitioner.
Mr.Vinay Jain, for the respondent No.2
By this petition for writ following directions are sought by
the petitioner :-
“(a)- the respondents may kindly be directed
to make payment of the salary to the
petitioner in the regular pay scale of the
post of Class IV employee / Security
Guard from the date of his initial
appointment and the arrears of the
salary may be paid to the petitioner
alongwith interest @ 24% per annum.
(b)- the respondents may kindly be directed
to regularise the services of the
petitioner on the post of Class IV
employee / Security Guard from the
date of his initial appointment with all
consequential benefits and reliefs as if
he was never denied the same.
(c)- the Hon’ble Court may kindly be pleased
to declare that the petitioner is an
employee of the respondent No.2 and
the respondent No.2 is the employer of
the petitioner.
(d)- any other appropriate writ, order or
direction which is found just and proper
may kindly be passed in favour of the
petitioner.”
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At the threshold, it is stated by the learned counsel for the
respondent Bank that as a matter of fact, the petitioner is no
more working with the Bank from last about a decade and as
such, whatever relief claimed by the petitioner in no way can be
accorded. The fact regarding non-continuation of the petitioner
in service has not been disputed by the learned counsel for the
petitioner because of want of knowledge.
In view of the statement given by the learned counsel for
the respondent that the petitioner is not working in the Bank, no
direction can be given regarding grant of his regularisation in
service or regarding grant of regular pay-scale as applicable to
the post of Security Guard working with the Bank.
The petition for writ is dismissed as having become
infructuous.
(GOVIND MATHUR)J.
rm/