Pawan Sharma S/O Ram Karan Sharma vs The State Of Rajasthan
2021 Latest Caselaw 7348 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil Writ Petition No. 6174/2020

Ravindra Singh Son Of Shri Moola Ram, Aged About 29 Years,
Resident Of Village Mai, Tehsil Nadbai, Bharatpur (Rajasthan).
                                                                 ----Petitioner
                                 Versus
1.     The State Of Rajasthan, Through The Secretary, Public
       Health And Engineering Department, Government Of
       Rajasthan, Jaipur.
2.     The Chief Engineer (Administration), Public Health And
       Engineering Department, Jal Bhawan, Civil Lines, Jaipur.
3.     The Assistant Engineer, Officer Of The AEN, PHED, Sub-
       Division Deeg, Bharatpur.
                                                              ----Respondents

Connected With S.B. Civil Writ Petition No. 6596/2020 Akash Sharma Son Of Shri Nem Chand, Aged About 31 Years, Resident Of Village Peepli, Bharatpur (Rajasthan)

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Administration), Public Health And Engineering Department, Jal Bhawan, Civil Lines, Jaipur.

3. The Assistant Engineer, Officer Of The AEN, PHED, Sub Division Dudu, Jaipur.

----Respondents

S.B. Civil Writ Petition No. 6200/2021

Pawan Sharma S/o Ram Karan Sharma, Aged About 30 Years, R/o Bairawas, Dausa (Rajasthan) Presently Posted At Office Of The AEN, PHED, Jamwa Ramgarh, Jaipur.

                                                                ----Petitioner
                                 Versus




                                           (2 of 3)                   [CW-6174/2020]

1. The State Of Rajasthan, Through The Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur

2. The Chief Engineer (Administration), Public Health And Engineering Department, Jal Bhawan, Civil Lines, Jaipur

3. The Assistant Engineer, Officer Of The AEN, PHED, Jamwa Ramgarh, Jaipur

----Respondents

For Petitioner(s) : Mr. Bhrigu Sharma with Mr. Shridhar Mehta For Respondent(s) : Mr. Anil Mehta, AAG with Ms. Archana

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

08/12/2021 All these matters have come up all applications filed by the

petitioners to decide the writ petitions in the light of judgment

passed by this Court in identical cases.

In these writ petitions, the petitioners are seeking a direction

for the respondents to transfer them to the vacant post of Junior

Engineer (Degree Holder) in accordance with Rule 6 (1A) of the

Rajasthan Engineering Sub-Ordinate Service (Public Health

Branch) Rules, 1967 and to grant them consequential benefits

from the date of eligibility.

Learned for the petitioner submits that the issue involved

herein is no more res-integra and stands resolved by this Court.

He refers in this regard an order dated 17.09.2021 passed by a

co-ordinate Bench of this Court in SBCWP No.6199/2021, Man

Singh Vs. The State of Rajasthan & Ors. and prays that the

instant writ petitions may be allowed in similar terms.

(3 of 3) [CW-6174/2020]

Learned counsel appearing for the respondents did not

dispute the aforesaid factual as well as legal position and

submitted that the instant writ petitions may be decided in similar

terms.

Heard learned counsels for the parties and perused the

record.

The writ petition no.6199/2021 was allowed by this Court in

following terms:

"In the case of Vimla Devi Saini (supra), it was inter alia directed by this Court as under:-

"10. In view of the above, the above noted writ petition is allowed with the direction to the respondent to consider the case of the petitioner for transfer in the quota of direct recruitment of Junior Engineer (Degree Holder) by way of transfer in case there is a vacancy and to compute his seniority according to the Rules."

Learned counsel appearing for the respondents do not dispute that the issue raised in the present writ petition is squarely covered by judgment in the case of Vimla Devi Saini (supra).

In view of the submissions made, the writ petition filed by the petitioner is allowed in light of and with similar directions as given in the case of Vimla Devi Saini (supra)."

Taking into consideration the submission advanced by the

learned counsels for the respective parties, these writ petitions are

allowed with similar directions as given in the case of Vimla Devi

Saini Vs. State of Rajasthan and Ors., SBCWP

No.7330/2016 decided on 20.11.2017.

All pending applications has been disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

MADAN/18-19 & 29

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