Rajasthan High Court - Jodhpur
Smt. Manju Lata vs State And Anr on 12 August, 2021
Bench: Dinesh Mehta
(1 of 3) [CW-2608/2007]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2608/2007
Smt. Manju Lata wife of Sh. Radhey Shyam, age 35 years, by
caste Harijan, resident of Raikabagh, Harijan Basti, Jodhpur
(Raj.).
----Petitioner
Versus
1. State of Rajasthan through the Director, Local Bodies,
Government of Rajasthan, Jaipur.
2. The Municipal Corporation, Jodhpur through the Chief
Executive Officer, Municipal Corporation, Jodhpur
----Respondent
For Petitioner(s) : Mr. Harish Kumar Purohit
For Respondent(s) : Mr. RS Saluja
Mr. Ajay Singh Rathore
JUSTICE DINESH MEHTA
Order
12/08/2021
1. By way of the present writ petition, petitioner has challenged
the advertisement which restricted the appointment to persons,
whose relatives are already serving Municipal Corporation.
2. Mr. Harish Purohit, learned counsel for the petitioner submits
that the issue has already been decided by coordinate bench of
this Court vide it's judgment dated 20.11.2006, rendered in case
of Mohanlal & Anr. vs. State of Rajasthan & Anr. (SB Civil Writ
Petition No.6468/2003).
3. It was informed that, the respondents' intra-court appeal
was dismissed, whereafter the Municipal Corporation preferred an
SLP before Hon'ble the Supreme Court. It is not in dispute that the
(2 of 3) [CW-2608/2007]
judgment of this Court came to be stayed by Hon'ble the Supreme
court on 13.08.2007.
4. On 02.01.2014, a coordinate bench of this Court had ordered
that record of the writ petition be consigned with a liberty to the
parties to apply for appropriate orders after the SLP/ appeal is
finally decided by the Supreme Court (SLP No.2713/2008).
5. An application has been filed by Mr. Purohit, interalia,
informing that Hon'ble the Supreme Court has finally decided the
matter in petitioner's favour.
6. On 19.01.2019, considering petitioner's submission, this
Court has allowed petitioner's application and ordered the matter
to be listed for hearing.
7. Mr. Purohit, learned counsel for the petitioner invites Court's
attention towards order of Hon'ble the Supreme Court dated
27.04.2017 and submits that appeal filed by Municipal Corporation
has been rejected and the judgment passed by this Court in
Mohanlal (supra) has been affirmed.
8. Mr. Ajay Singh Rathore, learned counsel appearing for the
respondent- Municipal Corporation, is not in a position to dispute
the aforesaid position of facts and law.
9. This being the position, the present writ petition also
succeeds.
10. The respondent- Municipal Corporation is directed to consider
petitioner's candidature in accordance with law.
11. In case, petitioner is found otherwise eligible and suitable,
she shall be given appointment within a period of eight weeks
from today.
12. It is hereby, made clear that while considering petitioner's
candidature, the respondents will ignore the fact that petitioner's
(3 of 3) [CW-2608/2007]
husband was in services of the Municipal Corporation.
Respondents shall also consider petitioner's eligibility in relation to
age while taking into account her age when she applied for the
post.
13. In case, the petitioner is found meritorious and suitable, she
will be given appointment within four weeks from today. She will
be entitled for notional benefits with effect from 02.01.2014, the
date when the petitioner had preferred the present writ petition.
14. Stay application stands disposed of accordingly.
(DINESH MEHTA),J
11-pooja/-
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