IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No.2672/2001 Smt. Rajni Naruka vs. State & Anr. Date of order :: 16.11.2010. HON'BLE THE ACTING CHIEF JUSTICE MR. ARUN MISHRA HON'BLE MR. JUSTICE MOHAMMAD RAFIQ None present. ***
(PER HON’BLE MOHAMMAD RAFIQ, J.)
This writ petition has been filed by the petitioner who is working as LDC on temporary basis with the respondents, with the prayer that the respondents be directed to regularise her services from the date of her initial appointment on 23.9.1998 and they be further directed not to discontinue / terminate her services and that the provisions of Section 7, 9 and 11 of the Rajasthan (Regulation of Appointment to Public Service and Rationalisation of Staff) Act of 1999 (for short-`the Act of 1999) be declared ultra vires and violative of Article 14, 16 and 21 and 39A & D of the Constitution of India.
None has appeared for the petitioner, however, we find that the matter has been laid before division bench on account of the fact that the petitioner is assailing the validity of Section 7, 9 and 11 of the Act of 1999.
Validity of those provisions have already been considered by division bench of this Court in Bhawani Singh & 17 Anr. vs. State & Ors.-2002 (3) WLC (Raj.) 728 and Section 2(v)(e) and Sections 9 & 11 of the Act have been declared ultra vires.
That issue is now not required to be examined. However, regarding the other prayer of petitioner claiming regularisation of her services, it is not known whether the petitioner is still working with the respondents because her stay application was rejected way back on 3.7.2001. If she is still working with the respondents, it is open to her to represent the respondents for redressal of her remaining grievances.
The writ petition is accordingly disposed of.
(MOHAMMAD RAFIQ), J. (ARUN MISHRA),ACTING CJ. RS/
