Petitioner challenged dismissal of representation for notional benefit. Court disposed of writ petition by applying proviso of a co-ordinate Bench order dated 01.05.2019 in Shatendra Kumar & Ors. as issue was no longer res integra.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3386/2021
Piyush Agarwal S/o Shri Damodar Prasad Agarwal, Aged About 36 Years, R/o Plot No. 322, Shivaji Nagar, Shastri Nagar, Jaipur.
----Petitioner
----Respondents
For Petitioner(s) : Mr. P.S. Tanwar for Mr. Shobit Tiwari For Respondent(s) : Mr. Makbar Khan, Dy.G.C. Mr. M.F. Baig
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
11/02/2022
This writ petition has been filed with a prayer to quash the order dated 29.01.2021 whereby petitioner’s representation for grant of notional benefit has been dismissed with a further direction to treat his appointment on the post LDC strictly in terms of merit list prepared under Rule 37(1) of the Rajasthan Subordinate Offices Ministerial Service Rules, 1999 with all consequential benefits.
(2 of 2)
[CW-3386/2021]
Learned counsel for the petitioner submits that the issue involved herein is no more res integra and stands resolved by a co-ordinate Bench judgment of this Court dated 01.05.2019 in S.B. Civil Writ Petition No.5982/2019 in case of Shatendra Kumar & Ors. Vs. State of Rajasthan & Ors. and prays that the instant writ petition may also be disposed of in light thereof.
Learned counsels for the respondents did not dispute the aforesaid position.
In view there of, this writ petition is disposed of in terms of direction issued by this Court vide its order dated 01.05.2019 in case of Shatendra Kumar & Ors. (supra) which shall apply s to this case also.
The pending application stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/43
1 issue framed by the court
Whether the present matter should be disposed of relying on the co-ordinate Bench judgment in Shatendra Kumar & Ors. where the issue was already resolved.
Colour shows how this judgement treated each authority
Shatendra Kumar & Ors. Vs. State of Rajasthan & Ors.Followed¶18
S.B. Civil Writ Petition No.5982/2019 in Shatendra Kumar & Ors. Vs. State of Rajasthan & Ors.
Piyush Agarwal
State Of Rajasthan
Secretary, Planning Department
Directorate Of Evaluation Organization
Rajasthan Public Service Commission
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
