Disposed

Krishna Kumar Yadav S/O Gopal Lal Yadav v. Department of Administrative Reforms and Coordination

Rajasthan HC6 Oct 2020CW/9985/2020

Case brief

AI extract

What is this about?

Court disposed of writ petition regarding non-allotment of department and district. Ordered State Authorities to decide pending representations of petitioners within 30 days following legal principles on merit and seniority.

What did the court decide?

Petitioner permitted to file a representation before the Authority concerned, which would be decided expeditiously.

Krishna Kumar Yadav S/O Gopal Lal Yadav Vs… — Pension and Retirement Benefits | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.9985/2020

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Krishna Kumar Yadav S/o Gopal Lal Yadav, Aged About 25 Years, R/o Sampo Ki Dhani, Khannipura, Post Sandarsar, Teh. Chomu, District - Jaipur, Rajasthan Pincode- 303801

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----Petitioner

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Versus

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Department Of Administrative Reforms And Coordination, Government Of Rajasthan Through Its Additional Chief Secretary, Government Secretariat, Jaipur Rajasthan - 302005

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Additional Director (Vigilance And Administration) And Joint Administrative Secretary, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur, Rajasthan - 302005

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Rajasthan Subordinate And Ministerial Service Selection Board Jaipur, Through Its Secretary, Rajasthan Agriculture Management Institute Campus, Durgapura, Jaipur, Rajasthan - 302018

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Director, Secondary Education, Rajasthan, Bikaner 334401

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District Education Officer (Head Quarter), Secondary Education Pali, Rajasthan - 306421

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Shri Pushpendra Jangid S/o Shri Sayar Mal Jangid, Roll No. 1825652 Through Additional Director And Joint Administrative Secretary, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur, Rajasthan - 302005

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Shri Om Prakash S/o Shri Tej Singh, Roll No. 1937154 Through Additional Director And Joint Administrative Secretary, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur, Rajasthan - 302005

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----Respondents

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For Petitioner(s)

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: Mr.Prakash Lamba, Adv. (through video conferencing)

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

(2 of 3)

[CW-9985/2020]

06/10/2020

Learned counsel for the petitioner submits that the issue involved in the present writ petition is about non-allotment of Department and District to the petitioner as per his merit.

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Learned counsel submitted that the Coordinate Bench of this Court has passed general order in the case of Chandra Shekhar Yadav vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.7956/2020) and other connected matters, decided on 29.09.2020, wherein directions have been given to file a representation before the Authorities to consider cases of individual petitioner. The relevant portion of the order passed in S.B. Civil Writ Petition No.7956/2020 is quoted, hereunder:-

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“I have considered the submissions.

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In all these matters, the grievance of the petitioners is that they are higher in merit in the select list and had opted place of posting of their choice but have been allotted different place of posting while lesser meritorious persons have been given posting of their choice District.

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As the Court has already passed orders for submission of representation to the concerning authority, I deem it appropriate to dispose of these writ petitions with a direction to the State Authorities to decide the representations of the petitioners within a period of 30 days from the date of receipt thereof by passing as peaking order. The relevant judgment passed by the Court from time to time with regard to the maintaining of inter-se seniority and inter-se merit while giving posting was also taken into consideration by the authorities and they will pass a speaking order pointing out and distinguishing the judgment and if they find that case is distinguishable, such an order or decision shall be communicated positively to the concerned petitioner(s)individually within 7 days thereafter.

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It is clarified that if certain representations have already been decided and the judgments passed by this court have not been taken into consideration, then the concerned individual petitioner can file a fresh representation and

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(3 of 3)

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[CW-9985/2020]

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the same shall be decided in accordance with law.

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If any of the individual person has further grievance remaining, he would be entitled to take up the matter by approaching appropriate forum after impleading the concerned persons against whom he has a grievance. It is made clear that the decision of the State Government would come within the ambit of service matter and therefore the Service Appellate Tribunal would be an appropriate forum for approaching by filing appeal against any such decision. If any of the appeal is preferred, it is expected from the Tribunal to decide the same expeditiously.

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In view of the observations made hereinabove, these writ petitions stand disposed of.

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This order shall also be applicable to those candidates who have not approached the court as on today. However, the time for filing of representation shall be the same for others also. This order may be published in the newspaper for information to all.”

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This Court also disposes of the present writ petition and permits the petitioner to file a representation before the Authority concerned and it would be decided expeditiously as per law.

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(ASHOK KUMAR GAUR), J

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Himanshu Soni/16/Ramesh Vaishnav

Krishna Kumar Yadav S/O Gopal Lal Yadav v. Department of Administrative Reforms and Coordination

Case brief

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Krishna Kumar Yadav S/O Gopal Lal Yadav v. Department of Administrative Reforms and Coordination

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