JUDGMENT Alok Sharma, J. - As the bunch of writ petitions agitate the same issue, arguments common as they are have been heard and all the petitions are being decided by this common order. 2. Writ petition No. 4874/2018 is taken as the lead case. 3. The facts of the case are that the petitioners were selected as Safai Karamchari vide order dated 17-10-2014 issued by the Municipality Mangrol, District Baran. They were thereafter however denied appointment despite selection on the ground that each of them had a family member who had also been selected and appointed as Safai Karamchari. For this the respondent resorted to circular dated 3-5-2013 which apparently provided that not more than one person in a family can be appointed as a Safai Karamchari. Representation of the petitioners with regard to their non-appointment despite selection being of no avail, they have approached this court with the prayer that it be directed they be appointed pursuant to their selection and then be allowed to join duty accordingly. 4. Counsel for the petitioners submitted that the issue of appointment as Safai Karamchari after due selection despite another member of the family being so engaged in the same capacity with the municipality has drawn the attention of this court in the case of Mala Devi & Others Versus State of Rajasthan & Others , SBCWP No. 6183/2014, Vijendra Kumar Versus State of Rajasthan & Another , SBCWP No. 13643/2014 as also in Jagdeep Prasad Versus State of Rajasthan & Another , SBCWP No. 13676/2014. The aforesaid judgments of this court hold that the mere happenstance of a family member of a successful candidate selected as Safai Karamchari also being engaged with the same municipality would not obstruct the right of such selected candidate to be appointed as Safai Karamchari as per his own merit. Counsel further submitted that the circular dated 3-5-2013 obstructing the appointment of those selected as Safai Karamchari only for reason of a member of their family also being so engaged, arbitrary as it has been held to be illegal and null and void.
Counsel further submitted that the circular dated 3-5-2013 obstructing the appointment of those selected as Safai Karamchari only for reason of a member of their family also being so engaged, arbitrary as it has been held to be illegal and null and void. Counsel submitted that in fact the Director, Local-Self Government vide letter dated 2-1-2018 to the Commissioner, Nagar Palika, Baran has also taken a view that the mere factum of employment of a family member of selected candidate as Safai Karamchari would not obstruct those selected on their own merit to be appointed in that capacity. 5. Mr. Pradeep Kalwania, GC appearing for the respondents fairly submitted that indeed the circular dated 3-5-2013 holding that a Safai Karamchari despite selection could not be appointed for reason of family member also being so engaged in the same capacity has been set aside by this court. Mr. Pradeep Kalwania further submitted that vide order dated 28-2-2019 under the hand of the Director and Joint Secretary, Department of Local Bodies, the Commissioner Nagar Nigam Kota has been directed that if the vacancies of 2012 obtain, the selected candidate be appointed despite their family member being engaged with the same municipality. 6. The upshot of the aforesaid discussion is that the petitioners having been selected as Safai Karamchari with the Municipal Council, and so reflected in the select list are entitled to be appointed as Safai Karamcharis as per their respective merit. 7. These petitions stand allowed accordingly. 8. The respondent-Municipal Council, is directed to take necessary steps in this regard and issue requisite orders of appointment of petitioners as Safai Karamchari as per their merit in the select list within a period of 10 days from the date of presentation of a certified copy of this order. 9. A copy of the order be placed in each case.