HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14432/2019 Anita Choudhary D/o Shri Pyare Lal Choudhary, Aged about 35 years, R/o Dinarpur, Via Kattradhal, District Sikar, Rajasthan.
----Petitioner Versus
1. State of Rajasthan, through the Secretary, Department of Rural & Panchayati Raj, Government of Rajasthan, Jaipur, Rajasthan.
2. The Chief Executive Officer, Zila Parishad Sirohi, District Sirohi, Rajasthan.
----Respondents For Petitioner(s) : Mr. Tanwar Singh Rathore For Respondent(s) : Mr. Piyush Bhandari for Mr. Sunil Beniwal, AAG HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 03/01/2023 The present writ petition has been filed with the following prayers:-
"I. By an appropriate writ, order or direction, the respondents may kindly be directed to give all notional benefits for the post of Lower Division Clerk, similarly situated persons appointment- 2013 actual benefits for the Lower Division Clerk in pursuant of the advertisement dated 2013 (Annex.1). II. By an appropriate writ order or direction, the respondents may kindly be directed to grant the benefits like seniority, fixation and notional benefits in the pursuance of the first appointment order-2013 and in pursuance of the advertisement dated 2013.
III. By an appropriate writ, order or direction, the respondents may kindly be directed to grant the entire benefits including the prevailing interest to the petitioners as per the Hon'ble High Court orders."
Learned counsel for the petitioner submits that in pursuance of the advertisement issued by the respondents in the year 2013, the petitioner was selected on the post of Lower Division Clerk. He further submits that in pursuance of the selections made by the respondents, the petitioner could not join the duties in the year (Downloaded on 03/01/2023 at 08:43:22 PM) (2 of 2) [CW-14432/2019] 2013 itself when the other similarly situated persons had joined their place of posting. The petitioner, therefore, preferred a writ petition before this Court and in pursuance of the directions issued by this Court, the petitioner was allowed to join her duty in the year 2018. Learned counsel for the petitioner submits that the respondents may be directed to consider the grant of notional benefits to the petitioner with effect from the date of which the other similarly situated persons had joined the duties on the post of Lower Division Clerk.
Learned counsel for the petitioner submits that the petitioner will file an appropriate representation before the competent authorities and the competent authorities may be directed to decide the same considering the judgment of this Court in S. B. Civil Writ Petition No.21214/2027, Om Prakash & Ors. Vs. State of Rajasthan & Ors., decided on 21.11.2017.
The submission made by learned counsel for the petitioner is not opposed by the learned counsel for the respondents and he assures this Court that in the event of filing the representation, the same will be considered and decided in accordance with law.
In view of the submissions made before this Court, the present writ petition is disposed of with a direction to the petitioner to file an appropriate representation along with necessary documents before the respondents and the respondent No.2- Chief Executive Officer, Zila Parishad, Sirohi is directed to decide the same within a period of eight weeks from the receipt of the representation strictly in accordance with law.
(VINIT KUMAR MATHUR),J 12-Shahenshah/-
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