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2019 DIGILAW 900 (RAJ)

Manoj Kumar v. State of Rajasthan

2019-03-26

BANWARI LAL SHARMA

body2019
ORDER : Banwari Lal Sharma, J. 1. The writ petition has been filed by the petitioners seeking following relief’s:- "(i) by an appropriate writ or direction in the nature thereof thereby direct the respondents to grant notional benefit to the petitioners and also accord the seniority, regularization and other service benefits to the Petitioners from the date of appointment as given to other persons selected in the earlier merit list through same process. (ii) Any other order or direction which this Hon'ble Court may deems fit just and proper in the facts and circumstances of the case may also be passed in favour of the Petitioners." 2. Learned counsel for the petitioners submits that the issue raised in the present writ petition is squarely covered by the judgment of this Court in Manoj Khandelwal & Ors. vs. State of Rajasthan & Ors.: S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 by the co-ordinate Bench of this Court and the said judgment has been followed in Krishan Lal & Ors. vs. The State of Rajasthan & Ors.: S.B.C.W.P. No. 19179/2017, decided on 30.10.2017, Ritu Saini And Ors. vs. The State of Rajasthan And Ors.: S.B.C.W.P. No. 737/2018, decided on 09.01.2018 and Kundan Lal And Ors. vs. State of Rajasthan And Anr.: S.B.C.W.P. No. 3639/2019, decided by the co-ordinate Bench of this Court at principal seat, Jodhpur on 11.03.2019, therefore, petitioners are also entitled to the same relief as granted in the case of Manoj Khandelwal (supra) and Krishan Lal (supra). 3. In view of the submissions and limited prayer made by learned counsel for the petitioners, the writ petition filed by the petitioners is disposed of with the similar directions as given in the case of Manoj Khandelwal (supra), which read as under:- "This Court in Suman Bai and Another Vs. State and Others - 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit. It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services. The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments. Having regard to the facts of the case, writ petition is disposed of requiring the petitioners to make a representation to respondent no. 2- Director, Secondary Education, Bikaner, alongwith a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit, are getting benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. If the respondent no. 2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits."