1 D.B. CIVIL SPECIAL APPEAL NO.801/2004 Karni Singh Vs. State of Rajasthan & Ors. Date of judgment : 24th January, 2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIA HON'BLE MR. JUSTICE CHATRA RAM JAT Mr. B.K. Vyas for Mr. S.D. Vyas for the appellant. Mr. A.K. Choudhary for the respondents. ________ BY THE COURT:- (PER HON'BLE RAJESH BALIA, J.) It is reported by the office that an special appeal has been filed against the judgment in S.B. Civil Writ Petition No.2171/1999 (Mohan Lal Vs. State of Rajasthan & Ors) decided on 16th May, 2000 and the same special appeal is pending as D.B. Special Appeal No.492/2000. This appeal is directed against the judgment which has been rendered solely on the basis of the judgment rendered in Mohan Lal's case. However, we find on perusal of prayer made in Mohan Lal's case and the relevant claim in this petition and having perused the judgment in Mohan Lal's case, the facts of the present 2 case are different and that the ratio of Mohan Lal's case has no application to the controversy raised in this petition. In Mohan Lal's case the issue was about the policy decision taken by the State Government to constitute a committee for giving appointments to Shiksha Sahyogi at Rajiv Gandhi Schools set up at various levels from amongst the residents of village where the school is set up. The criterion for setting up the committee and making recruitment of the local residents was held to be ultra vires and during the pendency of the writ petition, the State Government has made submissions about change in the policy having already effected. In the present case the appellant has claimed that he was appointed along with the opening of the school at Siyagon Ki Dhani (East) and he has joined his duties on 11th March, 2000 and submitted his joining report. However, thereafter, it is alleged that the Sarpanch threatened the appellant and illegally snatched attendance register from him and did not allow the appellant to perform his duty. When the appellant 3 represented the matter before the Chief Executive Office, Zila Parishad, Nagaur, the Chief Executive Officer, Zila Parishad, Nagaur directed the Sarpanch to allow the appellant to function. No reply has been submitted to the writ petition either before the learned Single Judge where the matter was summarily disposed of by referring the judgment in Mohan Lal's Case nor before this Court after service of notice. In these circumstances, it is apparent that the petitioner-appellant is being deprived of his service to which he was appointed after due selection without due process of law by the wholly unwarranted interference by the Sarpanch. The learned Single Judge was not right in dismissing the writ petition in limine without reference to the facts of the case by applying the ratio laid down in Mohan Lal's case. The order under appeal cannot be sustained and in the facts and circumstances of the case, the petition also deserves to be allowed as the petitioner-appellant has been appointed as Shiksha Sahyogi at Rajiv Gandhi Pathshala as per the procedure laid down at the relevant time which was not challenged 4 from any quarters. Even according to the judgment in Mohan Lal's case where the appointment has not been challenged and was made prior to the decision of Mohan Lal's case was not liable to be disturbed. Accordingly, the special appeal is allowed. The judgment under appeal is set aside. The writ petition is allowed and the respondents are directed to allow the appellant to continue to discharge his work at Rajiv Gandhi Pathshala, Siyagon Ki Dhani (East) with consequential benefits in accordance with law. No order as to costs. [CHATRA RAM JAT], J. [ RAJESH BALIA ], J. babulal/