Manohar Singh vs State of Rajasthan and Others

Dr. Vineet Kothari, J.

The petitioner, Manohar Singh S/o Heera Singh, has preferred this review petition seeking review/recall of the order Dt. 26.11.2013 passed by this Court deciding the writ petition preferred by the petitioner in the following terms:-

"4. The learned counsel for the respondent No. 4, Mr. Kuldeep Mathur, has submitted that during the pendency of this litigation, the respondent No. 4 has however, been appointed as Prabodhak, a different cadre under 2008 rules under the State Government and therefore, he is no more interested in the present litigation in this writ petition. He also informed the Court that since the Scheme under which the present petitioner. Monahar Singh was appointed, namely, Rajiv Gandhi Swarn Jayanti School, is over now and therefore, the present writ petition has become infructuous

The learned counsel for the petitioner, Mr. Ankur Mathur is not in a position to controvert the said statement of the learned counsel for the respondents. He, however, submitted that the petitioner was not paid some wages and salary for the period which he served under the interim orders of this Court.

In these circumstances, this Court is of the opinion that the present writ petition has become infructuous and need not be decided on merits. However, as far as question of payment to be made to the petitioner for the period for which he actually worked as Shiksha Sahyogi is concerned, the petitioner will be free to approach the learned Dist. Collector, Pali and establish his case for having worked for a particular period and not paid any salary or wages for the same. The learned Dist. Collector is expected to decide the said issue raised by the petitioner in accordance with law expeditiously.

With the aforesaid observations, the present writ petition is disposed of. No order as to costs. A copy of this order be sent to the parties concerned forthwith."

The present review petition has been filed by the review petitioner, State with a delay of six days.

Having heard the learned counsel for the petitioner and the respondent No. 4, no apparent mistake and ground is found to review the order Dt. 26.11.2013 passed by this Court. No evidence has been placed on record by the petitioner to show that the Scheme of Rajeev Gandhi Swaran Jayanti Paathshala'' is still in operation, as contended Therefore, the present review petition is dismissed being bereft of any merit. A copy of this order be sent to the concerned parties forthwith.