Ajay Singh Meena S/O Shri Patiram Meena Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4898/2025

Ajay Singh Meena S/o Shri Patiram Meena, Aged About 33 Years, R/o Village Chhed Ka Pura, Post Khediya, Tehsil Masalpur, District Karauli, Rajasthan. Presently Working On Post Of Junior Engineer Diploma Holder (Civil) At Public Health Engineering Department, Sub-Division-Mahua (Khedla), Dausa, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. C.P. Sharma For Respondent(s) : Mr. Mahi Yadav, AAG with Mr. Aaditya Godara

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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04/11/2025

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Instant writ petition is filed by petitioner with following

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prayer:-

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i). by an appropriate writ, order or direction, respondents be directed to treat the appointment of petitioner as Junior Engineer Civil (Degree Holder) against direct recruitment quota in pursuance of proviso 4 of Rule 6 of Rajasthan Engineering Subordinate Service (Public Health Branch) Rules 1967 and accordingly, ordered t revise the seniority position of petitioner and also direct to allow all further promotions accordingly along with all consequently benefits.

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ii). Any other order or directions, which the Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioner.

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Considered submission of learned counsel for petitioner and learned AAG appearing on behalf of respondents.

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Learned counsel for petitioner while placing reliance upon order dated 12.12.2022 in S.B. Civil Writ Petition No.16709/2022 titled as Govind Choudhary & Ors. Vs. State of Rajasthan & Anr. passed by a Coordinate Bench at Principal Seat, Jodhpur and order dated 27.05.2024 in S.B. Civil Writ Petition No.18322/2022 titled as Vikas Sahu & Anr. Vs. State of Rajathan & Anr. submits that the issue raised herein has already been considered by this Hon’ble Court in case of Vimla Devi Saini Vs. State of Rajathan & Ors.: S.B. Civil Writ Petition No.7330/2016 and upheld by a Division Bench in D.B. Civil Special Appeal (Writ) No.877/2019. Learned counsel for petitioner further submits that the Department has assailed the judgment up to the stage of Hon’ble Supreme Court as SLP was also dismissed.

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Learned AAG does not dispute about the ratio in case of Vimla Devi Saini Vs. State of Rajasthan (supra) but she submits that a liberty be granted to the Department to examine the facts of the case of present petitioner and in case, if the ratio is applicable and benefit is extendable then they would certainly provide the same benefit to the petitioner.

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Having considered aforesaid, the instant writ petition is disposed of in similar terms as decided in case of Vimla Devi

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Saini Vs. State of Rajasthan (supra) and reproduced as

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under:-

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In view of the above, the above noted writ petition is allowed with the direction to the respondent to consider the case of the petitioner for transfer in the quota of direct recruitment of Junior Engineer (Degree Holder) by way of transfer in case there is a vacancy and the compute his seniority according to the rules.

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In case, there is any factual difference and reason for deviation, the respondents are under a liberty with an obligation to pass a reasoned and speaking order for deviation and in case of deviation, the petitioner has liberty to re-approach this Court.

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With aforesaid, the writ petitioner along with misc. application(s), if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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GAURAV /212-S

Ajay Singh Meena S/O Shri Patiram Meena v. State of Rajasthan

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Ajay Singh Meena S/O Shri Patiram Meena v. State of Rajasthan

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