Allowed

Manoj Kumar Jha S/O Late Sh. Prem Kumar Jha v. State of Rajasthan

Rajasthan HC26 Aug 2019CW/7825/2019

Case brief

AI extract

What is this about?

Held that a compassionate appointment, when validly made following a prior judicial order, takes effect from the date of the order itself. The petitioner's claim to relate seniority and consequential benefits back to the date of his original application was rejected as erroneous.

What did the court decide?

Petitioner's claim for restoration of seniority to 18.12.2008 was dismissed; appointment stands confirmed from 17.01.2014.

Manoj Kumar Jha S/O Late Sh. Prem Kumar… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7825/2019

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Manoj Kumar 3ha S/o Late Sh. Prem Kumar Jha, Aged About 39 Years, R/o Kharanja Road, In Front Of Saiyad, Kothi, Dholpur (Raj 4

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----Petitioner

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Versus

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artment Of Panchayati Raj And Jaipur

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1. : 4. holur (Raj.) 5. Development ~~@df

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The instant petitiCq> iie~ QE%$#$ the petitioner claiming L' B %>% 'tpqq the be,efit of appointment and seniority with effect from

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18.12.2008.

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The b'rief facts of the case are that the petitioner was given ?.., 6- $.% **.Lt!$!4.* '>.. P. appointm8M on compassionate gtound vide order dated > 17.10.2014 after writ petition ((S.B.CiviI "Writ Petition No.20073/2013) of the petitioner was .a\lowed by this Court on 11.08.2014, this Court in earlier round of litigation found that the

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-2 % sLC'

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(2 .pf 3)

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[CW-7825/2019]

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petitioner was entitled for consideration of his case, on compassionate ground and since the petitioner had the requisite educa,tional. " iJI. ,qualification, - the respondents could not have denied . -1 appoin;tmeot , , to him. .. 3. I ! 1

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Learned counsel for the petitioner submitted that compliance ?'I* of order dated 11.08.2014, passed by this Court was made, however the respondents ought to have given the appointment were also required .. to be mother,

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07.01.1981. Counsel subma ae -the cpetitioner had $2 I ,'appointment on e qualification, the respondents deliberate tment of the petitioner and as 'such the petitione e .liable on that count. . Learned counsel -. . , r submitted that the res pp n:d;e1Q22 ~~$6 u g h t he eligibility of the .-petitioner from initial on.;and $he denial of benefit of past service, t~-ugjQfiiation. k 3 :a Heard thelearned counsel for the petitioner.

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?,[T,irli:s Court ,finds that the e'ligibility'*.of- the petitioner was examined by .this Court to seek compassionate appointment while deciding wcit petition on 11.08.2014. This Court further finds that the:iord&?pf .the High Court was complied:,;within the stipulated time of two months and. accordingly the,:a;[email protected],nt order was also issued on 17.10.2014. The ciaimy80fEitb.et .? .petitioner that his appointment wi.ll relate back to the date of application, is ill-

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founded and erroneous. The petitioner once having been appointed, after directions of this Court, cannot claim that the date of application will be the relevant date of conferring benefit in the nat-ure of seniority, consequential benefit and other benefits.

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*:.t:Thi~-lGoirt .. finds that the cornpassi,onate appointment, if offered to a candidate, cannot relate &$.ck, .to -.the date of application and it is only after the a,gpp,iqtm.ent order, is issued by

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n is without any
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Rarnesh Vaishnav 186175

Manoj Kumar Jha S/O Late Sh. Prem Kumar Jha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manoj Kumar Jha S/O Late Sh. Prem Kumar Jha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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