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2022 DIGILAW 838 (RAJ)

Mohni Devi v. State Of Rajasthan

2022-03-10

ARUN BHANSALI

body2022
JUDGMENT arun Bhansali, J. - It is submitted by learned counsel for the petitioner that the present writ petition is squarely covered by the Judgment in Dadam Das Vaishnav v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.8309/2012 decided on 20.5.2013 at principal seat, Jodhpur. 2. Reliance has been placed in the judgment of Hon'ble Supreme Court Union of India & Ors. v. Tarsem Singh : (2008) 8 SCC 648 . 3. In so far as the relief being claimed by the petitioner is concerned, there is no dispute that the same is governed by the law laid down by this Court in the case of Dadam Das (supra). 4. In so far as the plea raised by the respondents is concerned, a Co-ordinate Bench of this Court in Ramchandra Sharma v. The State of Rajasthan & Ors. : SBCWP No.11254/2016 decided on 7.10.2016 dealing with another writ petition of identical nature after noticing the submissions of learned counsel for the respondents held as under:- 'a perusal of the judgment rendered by the apex Court in the case of Union of India (supra) shows that the same does not apply to the facts of the present case. In the present case, no third party rights have been affected. It pertains to a financial loss which is a continuing injury to the petitioners.' 5. Consequently, the writ petition filed by the petitioner is allowed. The respondents are directed to allow the selection grades to the petitioner on completion of 9, 18 & 27 years of service in terms of the directions mentioned in the case of Dadam Das (supra). 6. The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioner would be entitled to the relief.