Allowed

Jitendra Kumar Limbat v. State of Rajasthan

Rajasthan HC7 Apr 2022SAW/341/2021

Case brief

AI extract

What is this about?

A Division Bench Special Appeal was held to be about appointment on a government post. The court ruled that the appellant, being par with successful candidates in a lower appeal, be offered appointment with all benefits except back wages, following the earlier Firdos Tarannum ratio.

What did the court decide?

Appellant to be offered appointment on the post with all consequential benefits except back wages for the past period.

Jitendra Kumar Limbat Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Spl. Appl. Writ No. 341/2021

¶3

Jitendra Kumar Limbat S/o Shri Vaja Ram, Aged About 28 Years, By Caste Limbaat, Resident Of Village Pal Gamadi, Gamri Dewal, District Dungarpur (Raj.).

¶4

----Appellant

¶5

Versus

¶6

State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Jaipur.

¶7

The Director, Medical And Health, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶8

The Addl. Director (Admn.), Department Of Medical And Health Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶9

----Respondents

¶10

For Appellant(s) : Mr. Moti Singh. For Respondent(s) : Mr. Karan Singh Rajpurohit, AAG

¶11

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

¶12

Judgment / Order

¶13

07/04/2022

¶14

Shri K.S. Rajpurohit, learned AAG appears on behalf of the respondents. Thus, service is complete.

¶15

The instant special appeal (writ) has been filed by the appellant herein for assailing the order dated 25.03.2021 passed by the learned Single Bench in S.B. Civil Writ Petition No.2466/2020 which came to be rejected in light of the judgment rendered in the case of Chandra Kiran Meena Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.9992/2017, decided on 29.08.2017) . The following prayers were made in the writ petition filed by the petitioner.

¶16

(2 of 3)

¶17

[SAW-341/2021]

¶18

“(i) That by an appropriate writ, order or direction, the impugned rejection order dated 24.01.2020 (Annexure7) extent to rejection of petitioner may kindly be quashed and set aside.

¶19

(ii). That by an appropriate writ, order or direction, this Hon’ble Court may be pleased to direct the respondents to give appointment to the petitioner on the post of GNM with all consequential benefits.”

¶20

The controversy at hand was resolved by Division Bench of this Court in D.B. Special Appeal (W) No.534/2005 ( State of Rajasthan Vs. Ms. Firdos Tarannum & Anr.) decided on 12.01.2022 wherein, it was held as under:-

¶21

“ Under the circumstances, we do not find that the learned Single Judge committed any error. We may record that in view of the conflict between the two decisions of the Division Benches of this Court in the cases of Altaf Bano (supra) and Firdos Tarannum (supra), a reference was made to the larger bench. In Firdos Tarannum (supra) Supreme Court has remanded the proceedings before this Court and which are now being decided by this judgment which in any case is not in conflict with the view expressed in the case of Altaf Bano (supra). The reference to the larger bench would therefore become one of no consequence.

¶22

The learned Single Judge while disposing of the writ petition had directed the State authorities to consider the case of the petitioner for appointment on the post of Teacher Grade-III Urdu (minority language) pursuant to the said advertisement dated 07.11.2000 and if appointed she would be granted all consequential benefits. Several years have passed and the litigation remained pending at one stage or the other. We do not think that the State exchequer should be burdened with the payment of idle wages for the past period to the petitioner even if she were to be appointed. Under the circumstances, while disposing of this appeal, the judgment of the learned Single Judge is modified by holding that the State authorities shall consider the petitioner for appointment to the post in question

¶23

(3 of 3)

¶24

[SAW-341/2021]

¶25

according to her merit position and if appointed, she shall be granted all consequential benefits except back wages for the past period. In other words, the petitioner would have the benefit of seniority for the past period from the date the person below the petitioner in merit list was appointed.

¶26

The appeal is disposed of accordingly. ”

¶27

Consequently, D.B. Special Appeal (Writ) No.1859/2018 filed by Santosh and others for assailing the very same impugned judgment dated 19.12.2017 passed by the learned Single Judge in S.B. Civil Writ Petition No.12335/2015 was allowed in terms of the order passed in the case of Firdos Tarannum (Supra) .

¶28

Learned counsel representing the respondents is not in a position to dispute the fact that the case of the appellant herein stands at par with the appellants in the Special Appeal (Writ) No.1859/2018 (Santosh & Ors. vs. State of Rajasthan & Ors.) decided on 02.02.2022.

¶29

Under the circumstances, this instant appeal deserves to be decided in the same line as in the case of Firdos Tarannum (Supra) . The appellant would be offered appointment and his past services would be regulated as provided in the judgment dated 12.01.2022 (State of Rajasthan & Ors. Vs. Ms. Firdos Tarannum).

¶30

The instant appeal is disposed of in these terms.

¶31

No order as to cost.

¶32

(FARJAND ALI),J

¶33

(SANDEEP MEHTA),J

¶34

24-Tikam/-

Jitendra Kumar Limbat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jitendra Kumar Limbat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Moola Ram Rewar Vs the State of Rajasthan

Neeraj Menariya Vs State of Rajasthan

Arjun Ram Vs State of Rajasthan

Mahaveer Vs the State of Rajasthan

Gopa Ram Vs State of Rajasthan

Sunny Vs Rajasthan High Court, Jodhpur