Allowed the writ petition directing the State Government to post the petitioner in the TSP area as a Junior Accountant in accordance with Rule 31 of the 2014 Rules, following the precedent set in Nilesh Kumar Jain.
Petitioner directed to be posted in TSP area as Junior Accountant in accordance with Rule 31 of the 2014 Rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 689/2020
Prem Chand Gameti S/o Shri Dita Gameti, Aged About 31 Years, R/o Kodiyat, Post Bujada, Teshil Girwa, District Udaipur.
----Petitioner
----Respondents
For Petitioner(s) : Mr. Raghu Nandan Sharma For Respondent(s) : Dr. Ganesh Parihar, AAG with Mr Vaibhav Thakuria Mr. M.F. Baig
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
17/12/2021
Dr. Ganesh Parihar, learned Additional Advocate General appears for respondent No.1.
Service is complete. In view thereof, learned counsel for the petitioner does not press the application No.1/2021 which is dismissed accordingly.
Heard learned counsels for the parties on application No.1/2021.
Learned counsel for the petitioner contended that the issue involved herein as to right of the petitioner to have posting/appointment/transfer as Junior Accountant in TSP area on account of his higher merit than the candidates appointed in the
(2 of 2)
[CW-689/2020]
TSP area, is no more res integra and stands resolved by a coordinate Bench judgment of this Court dated 20.12.2019 passed in
S.B. Civil Writ Petition No.12691/2017, Nilesh Kumar Jain
& Ors. Vs. State of Rajasthan & Ors. and other connected matter which has been upheld with slight modification by a Division Bench of this Court vide its judgment dated 20.11.2021 in
D.B. Special Appeal (Writ) No.856/2020, Secretary, RPSC &
Anr. Vs. Unnati Jain & Ors. and other connected matters. He prays that the instant writ petition may also be allowed in similar terms.
Learned counsels for the respondents did not dispute the aforesaid factual as well as legal position and submitted that this writ petition may also be allowed in terms of directions in case of Nilesh Kumar Jain (supra) with its modification by the Division Bench.
In Nilesh Kumar Jain (supra), a co-ordinate Bench of this Court directed as under:
“11.Keeping in view the mandate of Rule 31 of the Rules of 2014, it is now directed that the State Government shall post the petitioners who are from TSP area only in accordance of Rule 31 in the TSP area and the petitioners will continue to have their status of being of TSP category.”
In view thereof, this writ petition is allowed in similar terms as directed by this Court in case of Nilesh Kumar Jain (supra) qua petitioner only as directed by the Division Bench in case of
Secretary, RPSC (supra).
The pending application also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/17
2 issues framed by the court
Whether the petitioner is entitled to posting in TSP area as Junior Accountant on account of higher merit than other appointed candidates.
Whether this writ petition should be allowed in similar terms as the coordinate Bench judgment in Nilesh Kumar Jain and its modification by the Division Bench.
Colour shows how this judgement treated each authority
Nilesh Kumar Jain & Ors. Vs. State of Rajasthan & Ors.Followed¶19
S.B. Civil Writ Petition No.12691/2017, Nilesh Kumar Jain & Ors. Vs. State of Rajasthan & Ors.
Secretary, RPSC & Anr. Vs. Unnati Jain & Ors.Followed¶21
D.B. Special Appeal (Writ) No.856/2020, Secretary, RPSC & Anr. Vs. Unnati Jain & Ors.
2 provisions across 2 enactments
Prem Chand Gameti
State Of Rajasthan
Secretary, Rajasthan Public Service Commission
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
