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Rajasthan High Court · body

2019 DIGILAW 696 (RAJ)

Barkha Devi v. State of Rajasthan

2019-03-01

INDERJEET SINGH

body2019
ORDER : Inderjeet Singh, J. 1. Counsel for the parties in an agreement that the issue involved in the writ petition is covered by the judgment passed by the Coordinate Bench of this Court in the matter of Pragati Versus State of Rajasthan & Ors. (SBCWP No. 234/2019) decided on 15.02.2019, wherein it has been held as under:- "The matter comes up after notice, replies have been filed. All the petitioners are working on the post of Sweeper having been appointed after being selected through lottery system. Their services were terminated without giving them any notice on the ground that they were appointed on the post of different category. Respondents have filed their reply. However, it remains admitted that the advertisement did not bifurcate posts between SC/ST candidates and there is no procedure to identify as to who were appointed against SC post and who were appointed against ST post as no separate cut off has been laid down. From the reply, it is also admitted that the fault has occurred at the level of the Municipal Corporation, but as far as the posts are concerned, they are still lying with the corporation. The work of Sweeper is common and there is no such identifiable mark to recognize whether an individual Sweeper was appointed against SC/ST post. It is to be noticed that in absence of any candidate of ST Category, the appointments for the post of Sweeper could not have been left vacant. No other claim of ST candidate has come forward. For the fault of the respondents, petitioners cannot be deprived of their valuable right to continue in employment. It is also noticed that principles of natural justice have not been followed and no opportunity of hearing was provided to the petitioners before passing of impugned order. Accordingly, the order dated 27.12.2018 is held to be illegal and unjustified and the same is quashed and set aside with directions to the respondents to reinstate the petitioner with continuity of service. The writ petition stands allowed. No cost." 2. In that view of the matter, the writ petition is allowed. The order dated 27.12.2018 is quashed and set-aside qua the petitioners with a direction to the respondents to reinstate the petitioners with continuity of service.