Sandeep Kumar Nagpal vs The State Of Rajasthan
2021 Latest Caselaw 19192 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 11502/2018

Sandeep Kumar Nagpal S/o Shri Charandas, aged about 38 Years, Resident of Ward No 9 Warehouse Road, Anoopgarh , District Sri Ganganagar(Rajasthan

----Petitioner Versus

1. The State of Rajasthan through Secretary, Local Self Department, Govt. of Rajasthan Jaipur

2. The Secretary, State Level Municipal (Subordinate and Ministerial Services) Commission, Local Self Department, Govt. of Rajasthan, Secretariat, Jaipur

3. The Director, Local Self Department, Govt. of Rajasthan, Jaipur

----Respondents Connected With S.B. Civil Writ Petition No. 11500/2018 Vikram Singh S/o Shri Sheodan Singh, aged about 35 Years, Resident of Village and Post. Majhaoo. Tehsil - Udaipurvati, District - Jhunjhun (Rajasthan). At present Village Bilochiya, Teh.

- Sri Vijaynagar, Distt. Sri Ganganagar.

----Petitioner Versus

1. The State of Rajasthan through Secretary, Local Self Department, Govt. of Rajasthan Jaipur.

2. The Secretary, State Level Municipal (Subordinate and Ministerial Services) Commission, Local Self Department, Govt. of Rajasthan, Secretariat, Jaipur.

3. The Director, Local Self Department, Govt. of Rajasthan, Jaipur.

----Respondents

For Petitioner(s) : Mr. Mahaveer Pareek. For Respondent(s) : Mr. Kunal Upadhyay on behalf of Mr. Sunil Beniwal, AAG.

(2 of 3) [CW-11502/2018 & 11500/2018]

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

16/12/2021

Learned counsel for the petitioners submits that the issue

raised in the present writ petitions is squarely covered by

judgment in Swaroop Singh vs. The State of Rajasthan & Ors. :

D.B. Special Appeal (W) No.569/2018 decided on 19.11.2020 and

therefore, the present writ petitions may also be decided in terms

of said judgment.

Learned counsel for the respondent-State does not dispute

the fact of the issue raised in the present writ petitions being

squarely covered by the judgment in the case of Swaroop Singh

(supra).

In the case of Swaroop Singh (supra), the Division Bench,

inter-alia, came to the conclusion and passed the following order:-

"20. For the aforementioned reasons, the order impugned passed by the learned Single Judge as also the order dated 10.5.16 passed by the Director-cum- Special Secretary, Department of Local Self, Government of Rajasthan, rejecting the representation of the appellant deserve to be set aside. The appellant is entitled for bonus marks on the strength of the certificate of experience produced by him alongwith the application form.

21. In the result, the appeal is allowed. The order impugned dated 4.1.18 passed by the learned Single Judge of this Court is set aside. The writ petition is allowed. The order impugned dated 10.5.16 passed by the Director-cum-Special Secretary, Department of Local Self, Government of Rajasthan, rejecting the representation of the appellant is quashed. The appellant is held

(3 of 3) [CW-11502/2018 & 11500/2018]

entitled for award of the bonus marks towards the experience of fire services on the strength of the certificates produced by him alongwith the application form. The appellant shall be awarded bonus marks and if as per his merit position, he is selected for appointment on the post of Fireman, he shall be accorded appointment on the said post from the date person lower in merit than him is accorded appointment. The appellant shall not be entitled for actual monetary benefits from the date of the appointment but shall be extended notional benefits. No order as to costs."

Consequently, the writ petitions filed by the petitioners are

allowed in terms and with similar directions as given in the case of

Swaroop Singh (supra).

(ARUN BHANSALI),J 194 & 195-DJ/-

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