Jitendra Singh vs State Of Rajasthan
2021 Latest Caselaw 12647 Raj

Citation : 2021 Latest Caselaw 12647 Raj
Judgement Date : 12 August, 2021

Rajasthan High Court - Jodhpur

Jitendra Singh vs State Of Rajasthan on 12 August, 2021

Bench: Dinesh Mehta

(1 of 3) [CW-1950/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1950/2021

Jitendra Singh S/o Shri Bhagwan Singh, Aged About 29 Years, Resident Of Village Bajitpura, Post Piprau, Tehsil Nadbai, District Bharatpur (Raj.), At Present Posted As L.D.C. At Govt. Senior Secondary School Dhimari, Bari, Dholpur.

----Petitioner Versus

1. State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Administrative Reforms And Cordination, Govt. Secretariat, Jaipur (Raj.).

2. Dy. Secretary, (AR) (Ur-3) Department, Govt. Secretariat, Jaipur (Raj.).

3. Director, Secondary Education, Rajasthan, Bikaner.

4. President, Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Rajya Krishi Prabandh Sansthan Parisar, Durgapura Jaipur (Raj.).

5. Dy. Secretary, Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Rajya Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur (Raj.).

----Respondents

For Petitioner(s) : Mr. Suresh Kumar through VC

JUSTICE DINESH MEHTA

Order

12/08/2021

1. Learned counsel for the petitioner submits that Jaipur Bench

of this Court vide order dated 15.10.2020, has disposed of

identical writ petition being S.B. Civil Writ Petition

No.11926/2020 : Devendra Singh Vs. State of Raj. & Ors. and

prays that the same order be passed in petitioner's writ petition

too.

(2 of 3) [CW-1950/2021]

2. The judgment rendered in Devendra Singh Vs. State of Raj.

& Ors. reads thus:-

"Learned Counsel for the petitioner submits that

the issue involved in the present writ petition is squarely covered by the judgment passed by this court in the case of Chandra Shekhar Yadav versus State of Rajasthan & Others; SBCWP No.7956/2020 and other connected writ petitions. Therein, the court held as under:-

"In all these matters, the grievance of the petitioners is that they are higher in merit in the select list and had opted place of posting of their choice but have been allotted different place of posting while lesser meritorious persons have been given posting of their choice District.

As the Court has already passed orders for submission of representation to the concerning authority, I deem it appropriate to dispose of these writ petitions with a direction to the State Authorities to decide the representations of the petitioners within a period of 30 days from the date of receipt thereof by passing a speaking order. The relevant judgment passed by the Court from time to time with regard to the maintaining of inter-se seniority and inter-se merit while giving posting was also taken into consideration by the authorities and they will pass a speaking order pointing out and distinguishing the judgment and if they find that case is distinguishable, such an order or decision shall be communicated positively to the concerned petitioner(s)individually within 7 days thereafter.

It is clarified that if certain representations have already been decided and the judgments passed by this court have not been taken into consideration, then the concerned individual petitioner can file a fresh representation and the same shall be decided in accordance with law.

If any of the individual person has further grievance remaining, he would be entitled to take up the matter by approaching appropriate forum after impleading the concerned persons against whom he has a grievance. It is made clear that the decision of the State Government would come within the ambit of service matter and therefore the Service Appellate Tribunal would be an appropriate forum for approaching by filing appeal against any such decision. If any of the

(3 of 3) [CW-1950/2021]

appeal is preferred, it is expected from the Tribunal to decide the same expeditiously.

In view of the observations made hereinabove, these writ petitions stand disposed of.

This order shall also be applicable to those candidates who have not approached the court as on today. However, the time for filing of representation shall be the same for others also. This order may be published in the newspaper for information to all."