CW 4296/2000 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4296/2000 Govind Chobey Versus State & Anr. DATE OF ORDER : 27/03/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Dharmendra Jain, for petitioner Mr. Samit Vishnoi for Mr. Bharat Vyas, AAG, for respondents *** Instant petition has been filed by petitioner assailing order dated 30th August, 2000 [Ann.5] whereby he was absorbed in the cadre of Class IV after being declared surplus from Avas Vikas Sansthan by Urban Development Department in Jaipur Development Authority, which according to him, is in violation of Article 14 of the Constitution of India. Petitioner initially joined service as Helper in Avas Vikas Sansthan on 8th March, 1990 on a consolidated salary of Rs.700/- per month and was promoted on the post of Clerk-cum-Typist in Avas Vikas Sansthan on 24th January, 1994. The Avas Vikas Sansthan was closed and its employees became surplus. Initially, the petitioner as per policy decision taken by the Government at the relevant time, was absorbed as LDC in Municipal Council, Dausa vide order Ann.3 dated 7th August, 2000. In super-session of the said order, he was absorbed in the cadre of Class IV in JDA vide order dated 30th August, 2000, but at the same time, the employees, who are similarly situated like him declared surplus from Avas Vikas Sansthan they were absorbed as Gram Sevak in various Panchayat Samities. CW 4296/2000 [2] From pleadings of writ petition and particularly Para 11, his main thrust was that other 14 candidates, who are similarly situated, they all were absorbed as Gram Sevak. But so far as case of present petitioner is concerned, he has been discriminated and absorbed in lower pay scale in the cadre of Class IV, which action of the respondents is violative of Articles 14 & 16 of the Constitution of India. It appears from the record that respondents along with their application filed for vacation of ex-parte order, also placed certain documents on record which show that later on, the government withdrew the order by which the petitioner was absorbed in the cadre of Class IV in JDA dated 30th August, 2000 and passed a fresh order on 14th September, 2000 Ann.A/1 directing him also to be absorbed as Gram Sevak on the same terms & conditions on which other incumbents, of which reference has been made by petitioner in writ petition, were absorbed by the Government. In view thereof, the very alleged discrimination, which was pointed out by petitioner, infact has been accepted by Government and he has been kept at par with others who were absorbed as Gram Sevak. Counsel for petitioner submits that he was once absorbed in Municipal Council in the cadre of LDC, passing of further orders as Class IV or any other posts, was arbitrary exercise of power by the government. CW 4296/2000 [3] Suffice it to say that he was a person declared surplus on account of society being defunct and the government took a policy decision to absorb such persons, who have worked for sufficient long time, no right otherwise could have been conferred on petitioner to seek appointment on a particular post and once persons who were similarly situated as alleged by him in the petition absorbed as Gram Sevak, the respondent-State maintained parity in passing subsequent order absorbing petitioner as well, as Gram Sevak. Consequently, I find no force in the writ petition, the same stands dismissed. However, respondents are now directed to allow petitioner to join in pursuance of order dated 14th September, 2000 and be kept at par with others who are similarly situated like him. No order as to costs. [AJAY RASTOGI], J. FRBOHRA4296CW2000 27-3.doc