High CourtsDIVISION BENCH(2017) 02 RAJ CK 0029

Dharmendra Choudhary S/o Chandra Ram vs State of Rajasthan

Rajasthan High Court · Decided on 3 February 2017

HON’BLE JUDGES
Govind Mathur, G.R. Moolchandani
RESULT
Disposed
CASE NUMBER
92 of 2017

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Judgment

36 paragraphs · 341 words
1.

To question correctness of order dated 9.12.2016 this appeal

is preferred.

2.

The appellant while working with RHSDP was terminated

from service on 31.11.2011 on closure of the project. Being

aggrieved by the same, he preferred a petition for writ (S.B. Civil

Writ Petition No.8374/2011) that came to be decided under an

order dated 07.5.2012 with a direction to the respondents to

consider case of the petitioner for re-employment, if services of

Site Supervisor is required in future.

3.

After disposal of the writ petition, the petitioner submitted a

representation to the respondents but of no consequence. He also

filed a contempt petition alleging deliberate and wilful non-

compliance of the directions given under the order dated

07.5.2012. The contempt petition was dismissed by learned

Single Bench by arriving at the conclusion that there was no

wilful disobedience. After dismissal of contempt petition, a

petition for writ was filed with submission that the project in which

the appellant-petitioner was working was in currency and

appointment was denied to the petitioner deliberately with a view

to deprive him the relief granted by this Court.

4.

The learned Single Bench dismissed the writ petition on the

count that in the earlier writ petition no direction was given to the

respondents to employ the petitioner as Site Supervisor/

Supervision Consultant irrespective of the requirement of any

person on the post aforesaid.

5.

In appeal, the only argument advanced by learned counsel is

that the respondents are employing other persons on different

posts but they are not considering case of the appellant.

6.

We do not find any merit in the argument advanced in view

of the fact that the appellant was discontinued from service in the

year 2011 and that termination was subject matter of a petition

for writ. The writ petition was disposed of with a direction to

consider case of appellant-petitioner if there is any need of Site

Supervisor. There is nothing on record to establish about such

requirement. In view of it, no interference with the order

impugned is desirable.