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2018 DIGILAW 1284 (RAJ)

Om Prakash Karir v. Director And Joint Secretary

2018-05-15

PUSHPENDRA SINGH BHATI

body2018
JUDGMENT Pushpendra Singh Bhati, J . - The petitioner by way of filing this writ petition is claiming for the following reliefs :- "(i) by an appropriate writ, order or direction, the action of the respondents while not extending the joining time of the petitioner to join him services on the post of LDC Grade II (Junior Assistant) may kindly be declared per se arbitrary, illegal, unjust, discriminatory and violative of Article 14, 16 and 21 of the Constitution of India. (ii) by an appropriate writ, order or direction, the respondents may kindly be further directed to extend the joining time of the petitioner for joining him as LDC Grade II (Junior Assistant). (iii) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner. (iv) Costs of the writ petition may kindly be awarded to the petitioner. " 2. The brief facts as noticed by this Court is that the petitioner after competing in Rajasthan Police Constable Recruitment Examination, 2013 was declared successful and was given appointment on the post of Constable on 07.7.2015. He joined his services and after completion of two years', his services were regularized in Police Department vide order dated 28.8.2017. While the petitioner was continuing his service as Constable, he applied for the post of LDC Grade II (Junior Assistant) in pursuance of the Joint Competitive Examination-2013 and he was selected for the aforesaid post and was posted under Block Statistical Officer, Pisangan, District Ajmer vide order dated 12.3.2018 (Annex.3). The petitioner was required to give his joining within 15 days of issuance of appointment order, which was later extended vide letter dated 26.3.2018 upto 10.4.2018. When the petitioner was not being relived by the Police Department, the petitioner earlier preferred SBCWP No.4213/2018 before this Hon'ble Court and due to intervention of this Court, the Police Department relieved the petitioner vide order dated 26.4.2018, however, the last date i.e. 10.4.2018 by which the petitioner could have given his joining had gone. 3. Counsel for the petitioner states that due to sluggishness of Police Department in relieving the petitioner in time, the petitioner cannot be deprived from his lawful claim of joining as LDC Grade II (Junior Assistant). 4. Counsel for the respondents are not in a position to refute the proposition, however, they have filed a detailed reply. 5. 3. Counsel for the petitioner states that due to sluggishness of Police Department in relieving the petitioner in time, the petitioner cannot be deprived from his lawful claim of joining as LDC Grade II (Junior Assistant). 4. Counsel for the respondents are not in a position to refute the proposition, however, they have filed a detailed reply. 5. After hearing learned counsel for the parties and perusing record, this Court finds that after passing of interim order dated 22.3.2018 in earlier writ petition filed by the petitioner (i.e. SBCWP No.4213/2018 - Om Prakash Karir Vs. State of Rajasthan & Anr.), the respondent Police Department finally relieved the petitioner on 26.4.2018 and since the relieving of the petitioner had taken place much after the last date of joining i.e. 10.4.2018, therefore, in the interest of justice the petitioner cannot be made to suffer for the inaction on the part of State of Rajasthan. 6. In light of the aforesaid observations, this writ petition is allowed. The petitioner shall be permitted to join his duties as LDC Grade-II (Junior Assistant) in pursuance of the appointment order dated 12.3.2018 (Annex.3) in the office of Block Statistical Officer, Pisangan, District Ajmer within a period of 15 days from today and shall not be debarred on count of late joining as the petitioner was pursuing his cause before this Court and was protected by interim order dated 22.3.2018.