Dismissed

Sushma Sharma D/O Shri Bajrang Lal Sharma v. State of Rajasthan

Rajasthan HC30 Oct 2023CW/3077/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition by an applicant seeking to activate the reserve list for Junior Accountant posts. The Court held that the matter was sub judice in a coordinate bench and followed the earlier dismissal.

What did the court decide?

Dismissal of the writ petition and stay application; directions to adhere to the earlier co-ordinate bench order.

Sushma Sharma D/O Shri Bajrang Lal Sharma Vs State… — Service and Employment | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3077/2019

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Sushma Sharma D/o Shri Bajrang Lal Sharma, Aged About 27 Years, R/o Near Kendriya Vidyalaya No. 02, Plot No. 25, Marg No. 13, Kailash Nagar, Jhotwara, Jaipur-302012

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----Petitioner

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Versus

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State Of Rajasthan, Through Department Of Personal, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

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Secretary, Rajasthan Public Service Commission, Ajmer (Raj.)

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Director, Treasury And Accounting Department, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Yunus Khan For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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30/10/2023

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By way of filing instant petition, the petitioner is seeking directions against the respondents to operate the waiting list and thereafter consider her case for appointment on the post of Junior Accountant.

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At the outset it has been brought into the notice of this Court that the controversy involved in this petition has already been decided by the Co-ordinate Bench of this Court in the case of Vikash Kumar Gupta and Anr. vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No.25245/2018) on 08.02.2020 with the following observations and directions:

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“20. As per direction of the Court a high level committee was constituted which consisted of

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[CW-3077/2019]

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(2 of 2)

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Principal Secretary, Finance, Principal Secretary, Department of Personnel, Director Department of Treasuries and Accountants, Chairman/Registrar, Board of Revenue and Chairman/Secretary, Rajasthan Public Service Commission to take a final decision with regard to those in the reserve list. The committee took a conscious decision citing the relevant reasons vide circular dated 03.05.2019 not to operate the list. The committee has given out reasons for not operating the list one of them being that the Government has enough staff and is not requiring additional staff. The other reason is that the number of litigation is pending and if the reserve list is made operative, further litigation would crop-up as candidates would have to be shifted in accordance with their preference thereby disturbing many employees.

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The circular dated 03.05.2019 by which the Government has decided not to operate the reserve list is not challenged before the Court. I do not find the decision of the Government to be malafide or arbitrary. Hence, no ground is made out in the writ petition.

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The writ petition is dismissed. Stay application also stands dismissed.”

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Since the controversy involved in this petition has already been set at rest by the Co-ordinate Bench of this Court in the case of Vikash Kumar Gupta (supra), this Court finds no reason to take a different view.

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Accordingly, instant petition also stands dismissed in the light of the order passed by the Co-ordinate Bench of this Court in case of Vikash Kumar Gupta (supra).

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Stay application and all applications (pending, if any) also stand dismissed.

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(ANOOP KUMAR DHAND),J

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KuD/81

Sushma Sharma D/O Shri Bajrang Lal Sharma v. State of Rajasthan

Case brief

What is this about?

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Sushma Sharma D/O Shri Bajrang Lal Sharma v. State of Rajasthan

Case brief

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