1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.5828/2005. : : Dev Karan Gurjar Vs. State of Rajasthan & Ors. : : Date of Order 26.9.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Arvind Kumar Sharma for the petitioner. Mr.B.L.Awasthi, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. The petitioner who is working as a Gram Sewak has approached this Court with the grievance that even though the petitioner has been continuously approaching BDO, Panchayat Samiti, Pidawa for allowing him to join duty since 24.8.2001, but he has not been taken on duty. The petitioner was required to submit an affidavit, which was submitted by him on 24.8.2001 but even than the petitioner was not allowed to mark his attendance. The petitioner made representations to the Zila Parishad, Jhalawar on 9.12.2004 and thereafter on 19.5.2005 but not action has been taken. This Court on earlier dates required the respondents to explain the position and Officer Incharge was 2 also called to appear in person to clarify, which has not been done. A reply has been filed, which indicates that the petitioner earlier also absented from duties from 20.7.2001 to 23.8.2001 and thereafter he submitted joining on 24.8.2001 and also an affidavit but thereafter again he has remained absent. In the facts of the case, the version of the respondents that the petitioner would remain absent and yet he would keep on making representations cannot be accepted. If the petitioner was absent, it was open for the respondents to take disciplinary action against him but they could not refuse him joining. In the result, the writ petition is allowed in part. The petitioner is directed to report to BDO, Panchayat Samiti, Pidawa within a week of receipt of this order who shall allow him joining. The respondents would be then free to proceed further in accordance with law. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.4.