Disposed

Kalpna Nagda v. State of Rajasthan

Rajasthan HC19 Apr 2024CW/5843/2024

Case brief

AI extract

What is this about?

Petitioners sought notional benefits from the date juniors were appointed as Teacher Gr.III under a 2018 advertisement. The writ petition was disposed of with liberty to file a fresh representation, to be decided by the competent authority in accordance with law, considering a coordinate Bench judgment.

What did the court decide?

Liberty to file a fresh representation; competent authority to decide it by administrative order per law, expeditiously.

Kalpna Nagda Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:16957]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5843/2024

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Kalpna Nagda W/o Mahesh Chandra Nagda, D/o Gyan Shanker Nagda, Aged About 43 Years, R/o Near Shiv Temple, Seesarama Tehsil Seesarama District Udaipur, Rajasthan.

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Neelam Nagda D/o Amreshwar Lal Nagda, W/o Shri Upendra Vyas, Aged About 43 Years, Resident Of Bujra, Tehsil Girwa, District Udaipur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Secretary, Department Of Elementary Education, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

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The Secretary Cum Commissioner, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan)

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The Director, Department Of Elementary Education, Bikaner (Raj.)

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The Chief Executive Officer, Zila Parishad, Udaipur (Raj.). 5. The Chief District Elementary Education Officer, Udaipur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Vikram Singh Bhati For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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19/04/2024

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Petitioners by way of filing the present writ petition seek notional benefits from the date, candidates lower in merit to the petitioners were accorded appointment on the post of Teacher Gr.III (Level I & II) pursuant to the advertisement issued in the year 2018.

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Learned counsel for the petitioners at the outset submits that qua the aforesaid grievance, the petitioners may be granted liberty to file a fresh representation before the competent

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[2024:RJ-JD:16957]

[CW-5843/2024]

authority and the same be decided by passing appropriate administrative orders in accordance with law.

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Request seems to be fair.

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Learned counsel for the petitioners also relies on order/judgment in S.B. Civil Writ Petition No.10893/2022 : Reena Kunwar Chundawat v. State of Rajasthan & Ors., decided on 13.10.2022 by a coordinate Bench of this Court and submits that the respondents may be directed to consider the representation of the petitioners in light of the aforesaid judgment.

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Given the nature of order which is being passed, no prejudice would be caused to the respondents and therefore, the requirement of issuance of notice is dispensed with as no return is required to be filed by them.

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In the premise, the writ petition is disposed of with a liberty to the petitioners to file a fresh representation, which shall be gone into by the competent authority and appropriate administrative order shall be passed in accordance with law.

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Needless to say that the competent authority shall go through the judgment relied upon by learned counsel for the petitioners as mentioned hereinabove and apply its independent mind on the applicability of the same before passing any order.

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Needful be done expeditiously as possible.

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(ARUN MONGA),J

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6-AK Chouhan/-

Kalpna Nagda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kalpna Nagda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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