Dismissed

Suman Dhabash v. State of Raj and Anr.

Rajasthan HC31 May 2018CW/11859/2018

Case brief

AI extract

What is this about?

A coordinate bench having already resolved the identical controversy in Mukesh Kumar Tailor, the Court disposed of the present writ application with a direction to the respondents to consider the petitioner's case applying mutatis mutandis the earlier directions.

What did the court decide?

Writ application disposed of with a direction to the State-respondents to consider the petitioner's case by applying the directions given in the previous order dated 9th February, 2017.

Suman Dhabash Vs State of Raj and Anr. — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 11859/2018

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Suman Dhabash D/o Harnand Dhabash, Aged About 32 Years, Ro Dhani Anadaka Wali, Ward No. 2, Ringas Jaitusar, District Sikar, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan Through Its Secretary-CumCommissioner, Panchayati Raj, Rajasthan, Jaipur.

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The Chief Executive Officer-Cum-Additional Examination Controller, Zila Parishad, Sikar

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----Respondents

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For Petitioner(s) : For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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31/05/2018

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Representative of the petitioner submits that the identical controversy stands resolved in view of adjudication made by a Coordinate Bench of this Court, at Principal Seat, Jodhpur, in a batch of writ applications, lead case being S.B. Civil Writ Petition No. 750/2017 ( Mukesh Kumar Tailor Vs. State of Rajasthan and Ors. ), vide order dated 9^th February, 2017.

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It is further contended that another Co-ordinate Bench of this Court, at Jaipur Bench, while disposing of S.B. Civil Writ Petition No. 2194/2017, vide order dated 17^th February, 2017, further clarified that the opinion in the case of Mukesh Kumar Tailor (Supra), shall be applicable in rem to the candidate who is similarly situated and is not required to institute a separate writ

(2 of 2)

[CW-11859/2018]

application.

The operative portion of the order dated 9^th February, 2017, in the case of Mukesh Kumar Tailor (Supra), reads thus:

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“In view of the fair stand taken by the respondent State and appreciating the exercise being undertaken by them to meet the situation in hand, all the abovementioned writ petitions are disposed of as under:-

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a. The respondent-State shall workout the vacancies in each of the Zila Parishads as expeditiously as possible. Thereafter, the list shall be prepared of the candidate who have got more marks than the last candidate still working with the department in pursuance to the directions of this Court passed in Manju Choudhary’s case (supra).

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b. Thereafter, the candidates as per the ratio of 1:2 of the vacancies available shall be called for the verification of the documents and the appointments shall be given to such like eligible candidates as per their merit equivalent to the vacancies available with the department.

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c. This Court is aware that some of the candidates are bound to be left out even though they have got more marks than the last candidate but taking into account the limited number of vacancies, the said candidates shall have to try their luck in the next recruitment process afresh.

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d. The said process by completed as expeditiously as possible preferably within 06 months from today.

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The writ petitions are disposed of accordingly.”

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In view of the above, the writ application stands disposed off

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with a direction to the State-respondents to consider the case of petitioner, applying mutatis mutandis , the directions as extracted herein above and extend the same relief, if the petitioner is otherwise found eligible as directed by this Court vide order dated 9^th February, 2017.

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(VEERENDR SINGH SIRADHANA)J.

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SS/210

Suman Dhabash v. State of Raj and Anr.

Case brief

What is this about?

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Suman Dhabash v. State of Raj and Anr.

Case brief

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