1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.3217/2000. : : Prakash Narain Mathur Vs.State of Rajasthan & Ors. : : Date of Order 18.11.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Ashvani Jaiman for Mr.Ashok Gaur for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. The petitioner has challenged the order dated 21.6.2000 and 10.7.2000 by which he was declared surplus from the Irrigation Department where he was working as Surveyor and was absorbed as Secretary cum Gram Sewak of the Gram Panchayat. This Court while issuing notices to the respondents stayed operation of the aforesaid two orders on 25.9.2000, which was confined on 3.8.2000. As a result, the petitioner has continued in the Irrigation Department on the post of Surveyor throughout. The petitioner has placed on record with his additional affidavit certain documents showing subsequent developments. This affidavit was filed on 8.4.2008. Copy whereof was provided to respondents and 2 they were asked to respond. The documents includes a letter dated 28.1.2005 written by Executive Engineer, Irrigation Division and addressed to Superintendent Engineer, Irrigation Circle, Ajmer in which it has been recommended that three persons namely; Prakash Narain Mathur, Shravan Kumar and Chaturbhuj Singh, who were declared surplus may be retained in the same Circle because of the requirement of the work especially in view of the fact that 42 posts have been newly created under Water Harvesting Scheme. Another letter dated 29.9.2004 is on record, which is signed by Chief Engineer, Bisalpur Irrigation Project and addressed to Chief Engineer, Irrigation (North) and Additional Chief Engineer, Irrigation Department, Jaipur in which it was directed that no surplus employee should be relived till further orders. The respondents in reply to the aforesaid additional affidavit about these subsequent developments have not specifically denied with regard to availability of posts and the letter of recommendation of the Superintendent Engineer and subsequent orders passed by Chief Engineer. In view of this, it is considered appropriate that the petitioner makes a fresh representation to Chief 3 Engineer, Irrigation Department, Rajasthan, Jaipur who may examine the matter afresh in keeping the view availability of posts in their department itself and the recommendation made by the Executive Engineer and pass a fresh order examining whether would it still be necessary to declare the petitioner as surplus. It is made clear that in case the Chief Engineer aforesaid decides to reiterate the orders impugned in the present writ petition, the petitioner would be at liberty to approach this Court again. The representation shall be made within a period of four weeks and shall be decided by Chief Engineer within eight weeks thereafter. The interim order passed by this Court shall continue till the disposal of the aforesaid representation. This writ petition is disposed of accordingly. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.9.