Karigar Ved Prakash Sharma

D.B. Civil Writ Petition No. 6041 / 2013Deepak Kumar son of Shri Shaitan Snigh, aged 27 years, by casteGurjar, resident of Dhani Gujran, Kachroda, Tehsil Phulera, DistrictJaipur.

---Petitioner Versus

Pagal & Karigar NOVELS of the writer'Ved Prakash Sharma'. वर्दी वाला गुंडा- वेद प्रकाश शर्मा मुफ्त हिंदी पीडीऍफ़ पुस्तक Vardi Wala Gunda by Ved Prakash Sharma Free Hindi Book.

1. State of Rajasthan through Principal Secretary to theGovernment, Rural Development and Panchayati Raj Department,(Panchayati Raj and Elementary Education) Government ofRajasthna, Govt. Secretariat, Jaipur.

2. District Collector cum District Program Coordinator, DistrictJaipur.

3. Chief Executive Officer, Zila Parishad, Jaipur.

(2 of 6) [ CW-6055/2013]

4. Block Development Officer, Panchayat Samiti Sanganer DistrictJaipur.

---Respondents D.B. Civil Writ Petition No. 6042 / 2013

1. Hari Ram Saini S/o Shri Badri Prasad Saini Aged about 28 yearsR/o Village Nangal, Tehsil Nangal, District Jhunjhunu Raj. (PresentPalace and Post of working - Block Mid Day Meal, Data EntryOperator, Panchayat Samiti Udaipurwati, Dist. Jhunjhunu. (Raj.).

2. Jagdish Prasad S/o Shri Suresh Kumar age about 35 years R/oVillage Bhuhana Th. Chirawa Dist. Jhunjhunu Raj. (Present Palanceand post of Working -Block Mid Day Meal, Data Entry Operator,Panchayat Samiti Buhana, Dist. Jhunjhunu (Raj.).

3. Mahesh Kumar S/o Shri Jagdish Singh Age about 31 years, R/oVillage Ambedkar Nagar Post Udawas Dist. Jhunjhunu (Raj.)(Present Palacce and Post of Working -Block Mid Day Meal, DataEntry Operator, Panchayat Samiti Jhunjhunu (Raj.).

4. Yogesh Chejara S/o Shri Kailash Prasad Age about 33 years R/oNear Mahamaya Mandir Ward No.4 Station Road Naval Garh DistJhunjhunu (Raj.) (Present Palace and post of working -Block MidDay Meal, Data Entry Operator, Panchayat Samiti Navalgarh, Dist.Jhunjhunu (Raj.).

5. Krishan Kumar Sharma S/o Shri Jagdish Prasad age about 32years R/o Village and Post Sari The. Chirawa Dist. Jhunjhunu(Raj.) (Present Palace and Post of Working -Block Mid Day Meal,Data Entry Operator, Panchayat Samiti Chidawa, Dist. Jhunjhunu(Raj.).

6. Naresh Kumar Sharma S/o Shri Vishnu Datt Sharma Age about39 years R/o Ward No.12 Near Barasia Water Works Post SujanGarh Dist Jhunjhunu (Raj.) (Present Palace and Post of Working -Block Mid Day Meal, Data Entry Operator, Panchayat Samiti SurajGardh, Dist. Jhunjhunu (Raj.).

7. Dolat Ram Meel S/o Shri Ganesh Ram Meel Age about 28 yearsR/o Village Mandrupura Post Malsisar Thsil Malsisar Dist.Jhunjhunu ( Present Palance and Post of Working - Block Mid DayMeal, Data Entry Operator, Panchayat Samiti Alsisar, Dist.Jhunjhunu (Raj.).

8. Balram Malawat S/o Shri Chandgi Ram Malawat Age about 35years R/o Indra Colony Jhunjhunu (Raj.) (Present Palace and Postof Working - Block Mid Day Meal, Data Entry Operator, PanchayatSamiti Jhunjhunu. (Raj.).

9. Subash Chandra Saini S/o Shri Madan Lal Saini Aged about 35years R/o Village Babai Th. Khetri Dist. Jhunjhunu (Raj. (Present (3 of 6) [ CW-6055/2013]Palace and Post of Working - Block Mid Day Meal, Accountant,Panchayat Samiti Khetri Dist. Jhunjhunu (Raj.).

-Petitioners Versus

1. State of Rajasthan through Principal Secretary Cum-Commissioner Panchayatiraj Department, Govt. of Rajasthan,Jaipur (Raj.).

2. District Collector Cum District Program Coordinator, Dist.Jhunjhunu (Raj.).

3. Chief Executive Officer, Zila Parishad, Jhunjhunu (Raj.).

---Respondents D.B. Civil Writ Petition No.6048/2013

1. Ajay Kumar Sharma Son of Shri Ved Prakash Sharma, agedabout 36 years, resident of Mishron Ka Mohalla, Village and PostBansur, District Alwar Rajasthan.

2. Ajit Singh Yadav son of Shri Sher Singh Yadav, aged about 34years, by caste Yadav OBC, resident of Pharawas, Tehsil Kotkasim,District Alwar.

3. Sumat Chand son of Shri Prabhati Lal, aged about 34 years, bycaste Chamar (SC), resident of Village Mohammadpur, PostNogaon, Tehsil Ramgarh, District Alwar.

4. Subram S/o Shri Harsukh aged about 27 years, by casteMeghwal SC, resident of Village Odra, Post Macha, TehsilKishangarhbas, District Alwar.

---Petitioners VERSUS

1. State of Rajasthan through Principal Secretary to theGovernment, Rural Development and Panchayati Raj Department,(Panchayati Raj and Elementary Education) Government ofRajasthan, Govt. Secretariat, Jaipur.

2. District Collector cum District Prgoram Coordinator, DistrictAlwar.

3. Chief Executive Officer, Zila Parishad, Alwar.

4. Block Development Officer, Panchayat Samiti Bansur DistrictAlwar.

5. Block Development Officer, Panchayat Samiti Kotkasim DistrictAlwar.

6. Block Development Officer, Panchayat Samiti Kishangarhbas,District Alwar.

----Respondents (4 of 6) [ CW-6055/2013] D.B. Civil Writ Petition No. 6051 / 2013

1. Amber Sharma S/o Shri Rajendra Prasad Sharma, aged about31 years, R/o 61, Mahadev Nagar, Opposite Durgapura RailwayStation, Durgapura, Jaipur (Raj.).

2. Mohan Lal Meena S/o Shri Hari Kishan Meena, aged about 27years, R/o Toda Nagar, Tehsil Laxmangarh, District Alwar (Raj.).

-Petitioners Versus

1. State of Rajasthan through Additional Chief Secretary, RuralDevelopment & Panchayat Raj Deptt. Govt. Secretariat, Jaipur(Raj.).

2. The Commissioner & Secretary Rural Development & PanchayatRaj Deptt. Govt. of Raj. Secretariat, Jaipur.

3. The Commissioner & Secretary, EGS, Govt. of Raj. Secretariat,Jaipur.

--Respondent_____________________________________________________For Petitioner(s) : Sh. Laxmi Kant Sharma Adv.

Sh. Dinesh Pareek Adv.

Sh. Sunil Kumar Saini Adv.

Sh. Govind Sharma Adv.

Sh. Kishan Swami Adv.

For Respondent(s) : Sh. S.K. Gupta AAG_____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE KAILASH CHANDRA SHARMA Order03/04/2017 Counsel for the parties jointly submits that the self samequestion has been examined & decided by the Coordinate Bench ofthis Court in D.B. Civil Writ Petition No.12848/2013 Sanjay KumarSharma Vs. State of Rajasthan & Anr., & 43 other writ petitions,vide judgment dt.7-1-2014. Some of the petitioners are presentlyworking as Sahayak Karamchari in MNREGA Scheme of theGovernment.

(5 of 6) [ CW-6055/2013] We consider it appropriate to quote the relevant extract ofthe judgment as under :-

'After a full adjudication a coordinate Bench of this Court in series of writ petitions, the lead case being Mitendra Singh Rathore & Ors. vs. State of Rajasthan & Ors. [D.B.Civil Writ Petition No.1723/2013], upheld this assailment and the classification sought to be made was held to be invalid vide judgment and order dated 30.07.2013. Consequently, the impugned second proviso of Rule 273 was read down as hereunder:

'Provided also that in case of appointment to the post of Lower Division Clerk, merit shall be prepared by the Appointing Authority on the basis of such weightage as may be specified by the State Government for the marks obtained in Senior Secondary or its equivalent examination and such marks as may be specified by the State Government having regard to the length of experience exceeding on year acquired by persons engaged on the post of Junior Technical Assistant (J.T.A.), Junior Engineer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine, Lekha Sahayak, Lower Division Clerk, Co-ordinator IEC, Coordinator Training, Coordinator Supervision in MGNREGA or in any other scheme of the Department of Rural Development and Panchyati Raj in the State.' It is submitted at the Bar that being aggrieved by this determination, meanwhile, the State has filed Petition(s) for Special Leave to Appeal (Civil) No(s).32671/2013 before the Hon'ble Apex Court and the same is presently subjudice before it. Be that as it may, after hearing the learned counsel for the parties, we consider it appropriate to dispose (6 of 6) [ CW-6055/2013] of the present writ petitions in the same lines as in Mitendra Singh Rathore & Ors. vs. State of Rajasthan & Ors. (supra), however, making the present order subject to the final decision to be rendered by the Hon'ble Apex Court in Petition(s) for Special Leave to Appeal (Civil) No(s).32671/2013.'

In the light of the judgment of the Coordinate Bench of thisCourt, the present writ petition stands disposed of and the writpetitioners are also entitled mutatis mutandis to the same relief interms of the judgment referred to.

(KAILASH CHANDRA SHARMA)J. (AJAY RASTOGI)J.

Manjula/52,53,54,55,57