HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19614/2022 Pankaj Kumar Sharma S/o Ram Prasad Sharma, Aged About 31 Years, R/o Behind Devendra Talkies, Ward No. 21 Chhoti Sadri, Pratapgarh, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary Department Education (Elementary) Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. State Of Rajasthan, Through Secretary Department Of Panchayati Raj Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
3. Director, Elementary Education, Directorate Bikaner (Raj.).
4. District Education Officer (Elementary), Pratapgarh, Rajasthan.
5. Chief Executive Officer, Zila Parishad Pratapgarh, Rajasthan.
----Respondents
For Petitioner(s) : Mr. VLS Rajpurohit
For Respondent(s) : -
JUSTICE DINESH MEHTA
Order
02/01/2023
1. Learned counsel for the petitioner submits that the issue raised in the present writ petition is squarely covered by order in Reena Kunwar Chundawat Vs. State of Rajasthan & Ors.: (S.B. Civil Writ Petition No.10893/2022) and other connected matters decided on 13.10.2022, wherein, similarly placed candidate has been granted relief as prayed for in the present writ petition.
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(2 of 3) [CW-19614/2022]
2. In the case of Reena Kunwar Chundawat (supra), the Court, inter-alia, came to the following conclusion and directed as under:-
"I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
It is not in dispute that the petitioners had applied pursuant to the advertisement dated 12.4.2018 and on account of the circumstances, wherein on account of the area, wherein the petitioners were residents came into TSP area/they were denied benefit of application despite being residents after marriage within the TSP area, they approached this Court by filing writ petitions led by Manish Kumar Nagda (supra) and Smt. Twarita Gehlot (supra), which came to be accepted by this Court, wherein the petitioners were permitted to seek appointment in TSP area.
Once the grievance/plea raised by the petitioners was accepted by this Court and they were permitted to seek appointment pursuant to the advertisement dated 12.4.2018 as per their merit, the denial of the notional benefits to the petitioners in relation to candidates, who were lower in merit to the petitioners only on account of the fact that they were accorded appointment pursuant to the directions issued by this Court, cannot be countenanced.
Consequently, the writ petitions filed by the petitioners are allowed.
The respondents are directed to accord notional benefits to the petitioners pursuant to their appointment in relation to the advertisement dated 12.4.2018 on the post of Teacher Grade III Level I from the date persons lower in merit to the petitioners were accorded appointment.
Needful may be done by the respondents within a period of eight weeks."
3. In view of the submissions made, the petition filed by the petitioner is disposed of with a direction to the petitioner to address a representation before the competent authority of the respondents along with webcopy of the judgment rendered in the (Downloaded on 02/01/2023 at 08:40:46 PM) (3 of 3) [CW-19614/2022] case of Reena Kunwar Chundawat (supra) and the certified copy of the order instant within a period of four weeks.
4. In case, the representation is so addressed, the competent authority shall consider the same in accordance with law including the judgment rendered in the case of Reena Kunwar Chundawat (supra), as early as possible, preferably within a period of three months from the receipt thereof.
5. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner's grievance. The same may not be construed to be an order to decide the representation in a particular manner.
6. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 171-Inder/-
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