Dismissed

Udai Singh S/O Hardayal Singh v. State of Rajasthan

Rajasthan HC10 Dec 2019CW/9202/2019

Case brief

AI extract

What is this about?

The Single Judge dismissed the writ petition seeking backdoor appointment to the Junior Engineer post. The court held that the coordinate bench judgment did not apply as the post is meant for direct recruitment and cannot be filled by deputation. Writ petition dismissed with direction for regular selection.

What did the court decide?

Writ petition dismissed; directions issued to Secretary to proceed with regular selections for Junior Engineer posts.

Udai Singh S/O Hardayal Singh Vs State of… — 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. 9202/2019

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Udai Singh S/o Hardayal Singh, Aged About 29 Years, R/o Salempur, District Dausa, Presently Working As Executive Officer, Nagar Palika Khitri, District Jhunjhunu.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Local Self, Govt. Of Rajasthan, Secretariat, Jaipur.

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Director, Local Bodies, Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. MP Singh For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

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10/12/2019

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Learned counsel for petitioner submits that he has been appointed as Draftsman and promoted as Sr. Draftsman and was directed to work along with his own work vide order dated 23.10.2017 and he has been working on the vacant post of Jr. Engineer.

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By this writ petition, petitioner claims that he should be now appointed on the post of Jr. Engineer. Learned counsel relies upon one judgment passed by the Co-ordinate Bench in SBCWP No. 6096/1996 decided on 15.02.2010 in the case of Satya Narain Bhargava Vs. The Director, Local Bodies & Anr. wherein this court directed the Departments to consider the case of the petitioner therein for appointment on the post of Junior Engineer at par with other similarly situated candidates.

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(2 of 2)

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[CW-9202/2019]

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In my view, the said judgment has no application to the present case. This court would not allow back door entry on the post which is meant for direct recruitment. Directions have already been issued from time to time to fill up the post of Junior Engineer by way of direct recruitment, however, it is noticed that the Director has wrongly proceeded to give benefit to the persons like the petitioners who are working on the post lower to work on the post of Junior Engineer and thereby claim is being set up by these persons of having worked as Junior Engineer. Such action is wholly contrary to the rules and there is no right with the Director to post a Sr. Draftsman as Junior Engineer.

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The writ petition claiming the appointment on the post of Junior Engineer is accordingly dismissed with further directions to the Secretary to proceed with making regular selections on the post of Junior Engineer in the various Nagar Palika, Municipal Council in Rajasthan.

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Copy of this order be sent to the Secretary Department of Local Self and Director to take appropriate steps and submit compliance report to this court within a period of six months from today.

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(SANJEEV PRAKASH SHARMA),J

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Sunita Kanwar /219

Udai Singh S/O Hardayal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Udai Singh S/O Hardayal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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