WRIT PETITION 2672 of 2001 on 23 September 1998

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPUR

D.B. Civil Writ Petition No.2672/2001Smt. Rajni Naruka vs. State & Anr.

Date of order :: 16.11.2010.

HON'BLE THE ACTING CHIEF JUSTICE MR. ARUN MISHRAHON'BLE MR. JUSTICE MOHAMMAD RAFIQNone present.

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(PER HON'BLE MOHAMMAD RAFIQ, J.)

This writ petition has been filed by thepetitioner who is working as LDC on temporarybasis with the respondents, with the prayer thatthe respondents be directed to regularise herservices from the date of her initial appointmenton 23.9.1998 and they be further directed not todiscontinue / terminate her services and that theprovisions of Section 7, 9 and 11 of the Rajasthan(Regulation of Appointment to Public Service andRationalisation of Staff) Act of 1999 (for short-`the Act of 1999) be declared ultra vires andviolative of Article 14, 16 and 21 and 39A & D ofthe Constitution of India.

None has appeared for the petitioner, however,we find that the matter has been laid beforedivision bench on account of the fact that thepetitioner is assailing the validity of Section 7,9 and 11 of the Act of 1999.

Validity of those provisions have already beenconsidered by division bench of this Court inBhawani Singh & 17 Anr. vs. State & Ors.-2002 (3)WLC (Raj.) 728 and Section 2(v)(e) and Sections 9& 11 of the Act have been declared ultra vires.

That issue is now not required to be examined.However, regarding the other prayer of petitionerclaiming regularisation of her services, it is notknown whether the petitioner is still working withthe respondents because her stay application wasrejected way back on 3.7.2001. If she is stillworking with the respondents, it is open to her torepresent the respondents for redressal of herremaining grievances.

The writ petition is accordingly disposed of.

(MOHAMMAD RAFIQ), J. (ARUN MISHRA),ACTING CJ.RS/-