Dismissed¶29

State of Rajasthan v. Mahesh Kumar S/O Shri Sardar Singh

Rajasthan HC5 Aug 2025SAW/394/2025

Case brief

AI extract

What is this about?

SATCOM Project; Gramsat Project; Satellite Interactive Terminals (SIT); 30% bonus marks; operator; Zila Parishad; Panchayati Raj Department; Department of Science and Technology letter dated 07.12.2009; termination; Manna Ram Jat; SLP dismissed; bonus marks eligibility; Rajasthan; D.B. Special Appeal (Writ) No. 394/2025; S.B. Civil Writ Petition No.16482/2022; condonation of delay; Section 5 Limitation Act.

What did the court decide?

Condonation of delay allowed; the special appeal is dismissed, affirming the learned Single Judge's direction to the appellants to grant bonus marks to the respondent. ¶29

State of Rajasthan Vs Mahesh Kumar S/O Shri Sardar Singh — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay allowed; the special appeal is dismissed, affirming the learned Single Judge's direction to the appellants to grant bonus marks to the respondent.

¶29

Issue for consideration

Whether the respondent-writ petitioner, who gained experience under the SATCOM Project, is entitled to 30% bonus marks as an operator working in a Scheme under the Zila Parishad/Panchayati Raj Department. +1 more

¶17

Court's answer

Since the Scheme was being operated by the Zila Parishad and Panchayats, an employee who has worked on a Scheme operated by the Panchayati Raj is entitled to the bonus marks.

¶28

Ratio / Principle

The letter dated 07.12.2009 addressed to the Chief Executive Officer, Zila Parishad, Bharatpur shows that the operation of Satellite Interactive Terminals (SIT) under the Gramsat Project was conducted by the Zila Parishad, with the Additional Chief Executive Officer as Nodal Officer.

¶28

Key takeaways

The view taken by the earlier Division Bench in Manna Ram Jat, upheld up to the Supreme Court, was rightly adopted by the learned Single Judge and is affirmed by this Court.ratio¶29

Detailed headnote1 paragraphs

Rajasthan High Court (Division Bench, Jaipur) dismissed the State's D.B. Special Appeal (Writ) No. 394/2025 challenging the learned Single Judge's direction to grant 30% bonus marks to the respondent (Mahesh Kumar) for service under the SATCOM Project. Holding the issue no longer res integra, the Court followed State of Rajasthan and ors. Vs. Manna Ram Jat and Anr., D.B. Civil Special Appeal (Writ) No.1360/2019 (upheld up to the Supreme Court upon dismissal of Special Leave Appeal (Civil) Diary No(s).21613/2020). On the Government of Rajasthan, Department of Science and Technology letter dated 07.12.2009, the Court found the scheme (operation of Satellite Interactive Terminals (SIT) under the Gramsat Project) was being operated by the Zila Parishad and Panchayats; therefore an employee who worked on a Scheme operated by the Panchayati Raj is entitled to the bonus marks. Delay condonation under Section 5 of the Limitation Act (Application No.554/2025) was allowed.

¶1

[2025:RJ-JP:30002-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Special Appeal (Writ) No. 394/2025

¶4

¶5

S.B. Civil Writ Petition No.16482/2022

¶6

State of Rajasthan, Through Secretary, Rural Development and Panchayati Raj Department, Government of Rajasthan, Secretariat, Jaipur.

¶7

Chief Executive Officer, Zila Parishad, Karauli.

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----Appellant-Petitioner

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Versus

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Mahesh Kumar S/o Shri Sardar Singh, Aged About 38 Years, R/o Govind Nagar, Madarpur, Bharatpur, District Bharatpur (Rajasthan).

¶11

----Respondent

¶12

For Appellant(s) : Mr. Kapil Prakash Mathur, AAG with Ms. Divya Rathore For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT

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Order

¶15

05/08/2025

¶16

For the reasons stated in the Application No.554/2025 filed under Section 5 of Limitation Act for condonation of delay, the same is allowed.

¶17

The issue raised in the present appeal is no more res integra . We find that earlier in D.B. Civil Special Appeal (Writ) No.1360/2019: State of Rajasthan and ors. Vs. Manna Ram Jat and Anr., a specific argument was taken before the Division Bench that the respondent therein could not be treated to be entitled for grant of 30% bonus marks as they gained experience

¶18

[2025:RJ-JP:30002-DB]

¶19

[SAW-394/2025]

¶20

(2 of 3)

¶21

in the SATCOM Project which the State has submitted was not a scheme of Panchayati Raj, it was, therefore, stated by the State that the appointment of the respondent therein was wrongful and their services have been rightly terminated.

¶22

The Division Bench examined the aspect and reached to the conclusion that the scheme of SATCOM was found under the Panchayati Raj Department and the eligibility clauses under advertisement mentioning to grant of bonus marks to the operators' working in a Scheme under Zila Parishad and Panchayati Raj Department, therefore, it was held that the bonus marks had rightly been granted, the termination was found to be illegal and suffered from infirmity of not giving an opportunity of hearing, also Special Leave Appeal (Civil) Diary No(s).21613/2020 was preferred by the State which too was dismissed.

¶23

The learned Single Judge in the present impugned judgment has followed the judgment passed in Manna Ram Jat (supra) case and has reached to the same conclusion of SATCOM being a Scheme, which was operated by the Zila Parishad and accordingly allowed the writ petition, directing the appellant(s) to grant bonus marks to the writ petitioner.

¶24

Learned counsel for the appellants further submitted that in terms of the letter issued by the Government of Rajasthan, Department of Science and Technology dated 07.12.2009 (Annexure-R/1) placed along with reply, it is apparent that the Scheme was initiated by the Department of Science and Technology.

¶25

[2025:RJ-JP:30002-DB]

¶26

[SAW-394/2025]

¶27

(3 of 3)

¶28

Apart from the judgment which we have noticed, we have carefully considered the letter dated 07.12.2009 which we find addressed to the Chief Executive Officer, Zila Parishad, Bharatpur directing him along with Additional Chief Executive Officer as Nodal Officer to conduct the operation of Satellite Interactive Terminals (SIT) under Gramsat Project. Thus, it is apparent that the Scheme was being operated by the Zila Parishad and Panchayats and therefore, an employee who has worked on a Scheme which is operated by the Panchayati Raj would be entitled to the bonus marks.

¶29

The view already taken by the earlier Division Bench, upheld up to Supreme Court, therefore, has rightly been adopted by the learned Single Judge and we affirm the same. No case is made out to interfere with the D.B. Special Appeal No.1360/2019 and is dismissed accordingly.

¶30

(SANJEET PUROHIT),J

¶31

(SANJEEV PRAKASH SHARMA),J

¶32

GAURAV/AVINASH/98

State of Rajasthan v. Mahesh Kumar S/O Shri Sardar Singh

Case brief

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State of Rajasthan v. Mahesh Kumar S/O Shri Sardar Singh

Case brief

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What the court decided

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