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2019 DIGILAW 788 (RAJ)

Manju Rahtore v. State of Rajasthan

2019-03-08

ARUN BHANSALI

body2019
JUDGMENT 1. This writ petition has been filed by the petitioner seeking following reliefs:- "A. the respondents may kindly be directed to grant notional benefits such as seniority, selection scale and ACP by counting the services of the petitioners w.e.f. 01.10.2018, the date on which other similarly situated or less meritorious persons were given appointment. B. Or in the alternate, this writ petition be also disposed of, as per the directions passed in SBCWP No. 5405/2012 decided on 12.02.2015 (Suman Jhanwar & Ors. v. State of Rajasthan). C. Any other appropriate order or direction which this Honble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner. D. Writ petition filed by the petitioners may kindly be allowed with costs." 2. It is, inter alia, submitted by the petitioner that the case of the petitioner is similar to that of petitioners in Suman Jhanwar & Ors. v. State of Rajasthan & Ors.: SBCW No. 5405/2012, decided on 12.02.2015, whereby this Court directed the petitioners to file appropriate representation before the appointing authority and on filing of such representation, the petitioners therein have been granted the requisite relief by the respondents and, therefore, the present petitioners may also be granted similar relief as granted in the case of Suman Jhanwar (supra). 3. In the case of Suman Jhanwar (supra), this Court after hearing the parties, passed the following order:- "Therefore, the present writ petitions are disposed of with liberty and direction to the petitioners to file appropriate representation with relevant evidence before the appointing authority, who has issued the orders of appointment to the petitioners claiming the same relief, as purportedly given to other similar situated persons. It is expected of the respondent authority to pass speaking orders after providing the opportunity of hearing tot he petitioners or their authorized representative as to why similar benefit cannot be extended to them though others persons have been given such benefits. If, however, any adverse order is passed against the petitioners, the petitioners will be at liberty to avail the legal remedy available to them in accordance with law." 4. In view of the submissions as noticed hereinbefore, the writ petition filed by the petitioner is disposed of with the similar directions as given in the case of Suman Jhanwar (supra).