Prem Chand Gameti S/O Shri Dita ... vs State Of Rajasthan
2021 Latest Caselaw 7793 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 689/2020

Prem Chand Gameti S/o Shri Dita Gameti, Aged About 31 Years,
R/o Kodiyat, Post Bujada, Teshil Girwa, District Udaipur.
                                                                     ----Petitioner
                                    Versus
1.     State    Of    Rajasthan,          Through          Principal     Secretary,
       Department         Of     Treasuries          And         Accounts        (Dta),
       Secretariat, Jaipur.
2.     Secretary, Rajasthan Public Service Commission, Ajmer.
3.     Chairman, Rajasthan Public Service Commission, Ajmer.
                                                                  ----Respondents

For Petitioner(s) : Mr. Raghu Nandan Sharma For Respondent(s) : Dr. Ganesh Parihar, AAG with Mr Vaibhav Thakuria Mr. M.F. Baig

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

17/12/2021

Dr. Ganesh Parihar, learned Additional Advocate General

appears for respondent No.1.

Service is complete. In view thereof, learned counsel for the

petitioner does not press the application No.1/2021 which is

dismissed accordingly.

Heard learned counsels for the parties on application

No.1/2021.

Learned counsel for the petitioner contended that the issue

involved herein as to right of the petitioner to have

posting/appointment/transfer as Junior Accountant in TSP area on

account of his higher merit than the candidates appointed in the

(2 of 2) [CW-689/2020]

TSP area, is no more res integra and stands resolved by a co-

ordinate Bench judgment of this Court dated 20.12.2019 passed in

S.B. Civil Writ Petition No.12691/2017, Nilesh Kumar Jain

& Ors. Vs. State of Rajasthan & Ors. and other connected

matter which has been upheld with slight modification by a

Division Bench of this Court vide its judgment dated 20.11.2021 in

D.B. Special Appeal (Writ) No.856/2020, Secretary, RPSC &

Anr. Vs. Unnati Jain & Ors. and other connected matters. He

prays that the instant writ petition may also be allowed in similar

terms.

Learned counsels for the respondents did not dispute the

aforesaid factual as well as legal position and submitted that this

writ petition may also be allowed in terms of directions in case of

Nilesh Kumar Jain (supra) with its modification by the Division

Bench.

In Nilesh Kumar Jain (supra), a co-ordinate Bench of this

Court directed as under:

"11.Keeping in view the mandate of Rule 31 of the Rules of 2014, it is now directed that the State Government shall post the petitioners who are from TSP area only in accordance of Rule 31 in the TSP area and the petitioners will continue to have their status of being of TSP category."

In view thereof, this writ petition is allowed in similar terms

as directed by this Court in case of Nilesh Kumar Jain (supra)

qua petitioner only as directed by the Division Bench in case of

Secretary, RPSC (supra).

The pending application also stands disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/17

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