Writ petition disposed of by direction to respondents to treat petitioner senior to lower merit candidates with varying benefits pending consideration of representation by competent authority.
Direction to treat petitioner senior to lower merit candidates but grant only notional benefits unless competent authority decides otherwise.
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[2023/RJJD/002667]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 554/2023
Mayur Joshi S/o Shri Umesh Chandra Joshi, Aged About 33 Years, R/o Village And Post Narniya, Dist. Dungarpur Rajasthan. At Present Working As A Senior Teacher At Government Secondary School Ghatau Block Dovda District Dungarpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ramdev Potalia For Respondent(s) :
JUSTICE DINESH MEHTA
Order
27/01/2023
(2 of 3)
[2023/RJJD/002667]
[CW-554/2023]
of Manoj Khandelwal (supra) and Krishan Lal (supra) claims learned counsel.
“This Court in Suman Bai and Another Vs. State and Others – 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit.
It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services.
The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments.
Having regard to the facts of the case, writ petition is disposed of requiring the petitioners to make a representation to respondent no.2 – Director, Secondary Education, Bikaner, alongwith a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit, are getting benefit of higher pay,
(3 of 3)
[2023/RJJD/002667]
[CW-554/2023]
seniority, annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits.”
(DINESH MEHTA),J
191-Arvind/-
2 issues framed by the court
Whether petitioner is entitled to appointment from the date lower merit candidates were appointed.
Whether petitioner is entitled to all consequential service benefits including seniority and pay fixation.
Colour shows how this judgement treated each authority
Mayur Joshi
State Of Rajasthan
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
