The High Court dismissed the petitioner's writ petition challenging the denial of a retrospective experience certificate. The court held that experience certificates cannot be issued for periods prior to actual service.
Experience certificate denied; writ petition and stay application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
S.B. Civil Writ Petition No.3228/2013
Jai Singh
Versus
State of Rajasthan & Ors.
DATE OF ORDER : 14/03/2013 HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Jai Singh, Petitioner present in person
By this petition, petitioner has prayed for treating his appointment w.e.f. 20.11.2009 and accordingly to issue experience certificate. It is mainly on the ground that one Kanwar Pal was wrongly appointed vide order dated 20.11.2009. In fact, the petitioner should have been appointed at that time. The mistake was rectified by the respondents and thereupon order dated 23.03.2010 was issued for appointment of the petitioner. Prayer of the petitioner is to consider his appointment from 20.11.2009.
The prayer aforesaid cannot be accepted as appointment of the petitioner cannot be given from retrospective date even if some one was wrongly appointed. He is praying for appointment from retrospective date to take experience certificate, otherwise the order dated 23.03.2010 was not challenged immediately to make it from retrospective date. The
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experience certificate cannot be given for the period in which one has not actually worked but can be from the effective date of appointment. Accordingly, petitioner is not entitled to experience certificate for a period prior to his actual appointment.
The writ petition is being devoid of merit, hence, dismissed. Stay application is also dismissed.
FRBOHRA/3228CWP2013.doc
Certificate:
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
FATEH RAJ BOHRA, P.A.
2 issues framed by the court
Whether a petitioner is entitled to a retrospective experience certificate covering a period before his actual date of appointment.
Whether appointment can be granted from a retrospective date to correct a prior administrative mistake in another appointee.
Jai Singh
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
