Partly allowed

Madhu Lal Devra v. State of Rajasthan and Ors.

Rajasthan HC1 Oct 2018WRES/83/2018

Case brief

AI extract

What is this about?

This order restores a review petition dismissed in default and recalls a prior order. The Division Bench applied the legal principles regarding rounding off reserved posts for ex-servicemen established in a related special appeal favoring the appellant.

What did the court decide?

Order dated 07.03.2018 to be recalled; Review Petition No.97/2017 restored for hearing; Delay of 2 days condoned.

Madhu Lal Devra Vs State of Rajasthan and… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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D.B. Civil Writ Restoration Application No. 83/2018.

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Madhu Lal Devra S/o Late Shri Sukh Dev, Aged 51 years, R/o Plot No 19 (Khasara No. 88 2/1 Laxman Nagar "A" Ramzan Ji Ka Hatta, Banar Road, District Jodhpur, Rajasthan.

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----Appellant

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Versus

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1. State Of Rajasthan through its Principal Secretary, Department Of Personnel, Government Secretariat, Rajasthan, Jaipur.

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Rajasthan Public Service Commission, Ajmer through its Secretary.

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Secretary Rajasthan Public Service Commission, Ajmer. ----Respondents

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For Petitioner(s) : Mr. M.L. Devra.

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HON'BLE THE CHIEF JUSTICE MR. PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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01/10/2018

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Restoration Application No. 83/2018 :

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Review Petition filed by the applicant was dismissed in default.

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For the reasons stated in the application the order dated 07.03.2018 is recalled and the review petition is restored for hearing.

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CMCW No.195/2017 :

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For the reasons stated in the application, delay of 2 days in filing the Review Petition is condoned.

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(2 of 3)

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[WRES-83/2018]

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Review Petition No.97/2017 :

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Seeking review of the order dated 13.04.2017 the appellant who appears in-person states that after appeal filed by him was dismissed, a batch of D.B. Special Appeals (Writ) was disposed of by the Division Bench on 14.09.2017 in which partial relief was granted to the appellant on the same issue.

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Suffice it to state that when a large number of persons file writ petitions they projected different grievance and decisions by the Court are with respect to the grievance raised and the manner in which the grievance is raised, but we need not quibble with such a proposition for the reason the Division Bench Judgment dated 14.09.2017 relied upon by the appellant disposing of a batch of writ-appeals, lead matter being D.B. Special Appeal (Writ) No.587/2017 Tara Chand Vs. State of Rajasthan & Anr. disposed of the appeals and the writ petitions filed by granting a declaratory relief. The decision would be a decision in rem and not in persona. Para 7 to 15 of the said decision would be relevant, which read as under:-

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“7. From the tabular chart aforenoted, we find that Serial No. 1, 18 posts were notified to be filled up in Rajasthan Subordinate Devasthan Services. 12.5% of 18 comes to 2.25 and applying rounding off, posts had to be reserved for ex-servicemen and not 1.

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8. At Serial No. 4, 13 posts were indicated to be filled up for Rajasthan Excise Subordinate Services. 12.5 of 13 would be 1.625 and applying rounding off 2 posts had to be reserved for ex-servicemen.

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9. At Serial No.7, 133 posts have been notified to be filled up in Rajasthan Commercial Taxes Subordinate Service. 12.5% of 133 works out to 16.625 and applying rounding off 17 posts had to be reserved for ex-servicemen and not 16.

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10. At Serial No.9, 14 posts have been notified to be filled up in Rajasthan Women & Child Development Subordinate Services. No. post has been shown as

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(3 of 3)

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[WRES-83/2018]

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reserved for ex-servicemen. 12.5% of 14 comes to 1.75, and thus applying rounding off of 2 posts hd to be reserved for ex-servicemen.

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11. At Serial No.10, 15 posts were to be filled up in Social Justice & Empowerment Subordinate Service (Probation & Jail Welfare Officer). 12.5% of 15 comes to 1.875 and applying rounding off 2 posts had to be reserved for ex-servicemen and not 1.

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12. At Serial No. 11, 238 posts had to be filled up in Social Justice & Empowerment Subordinate Service (Social Welfare Officer). 12.5% of 238 is 29.75 and applying rounding off, 30 posts had to be reserved for ex-servicemen and not 28.

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13. At Serial No. 12, 151 posts in Labour Subordinate Service are notified. 12.5% of 151 is 18.815 and applying rounding off posts to be reserved would be 19 and not 18.

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14. Under the circumstances it had to be declared by the learned Single Judge that posts at Serial No. 1 and 4 to be reserved for ex-servicemen would be 2 each and not 1 each. The posts at Serial No. 7 had to be 17 and not 16. The post at Serial No. 9 could be Nil. For the post at Serial No. 10, not 1 but 2 posts said to be reserved. For the post at Serial No. 11, 30 posts and not 28 had to be reserved. For the post at Serial No. 12, 19 and not 18 posts had to be reserved.

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15. We order accordingly, directing the respondents to accord benefit of reservation for ex-servicemen as declared above in para 14.”

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Thus, we dispose of the Review Petition modifying the order dated 13.04.2017 and dispose of D.B. Civil Special Appeal No. 297/2017, Madhu Lal Devra Vs. State of Rajasthan & Anr. filed by the appellant declaring that the decision in D.B. Special Appeal (Writ) No. 587/2017 in Tara Chand’s appeal shall apply to the appellant as well.

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(PUSHPENDRA SINGHBHATI),J.

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(PRADEEP NANDRAJOG),CJ

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/Mohan/7

Madhu Lal Devra v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Madhu Lal Devra v. State of Rajasthan and Ors.

Case brief

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