Rajasthan High Court
Pradeep Yadav S/O Laxman Yadav vs The State Of Rajasthan on 19 January, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 51/2021
Pradeep Yadav S/o Laxman Yadav, Aged About 27 Years, R/o
Village Arniya Neel, Post Mehandwas, Tehsil And District Tonk,
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Additional Chief
Secretary, Department Of Administrative Reforms (Group-
3), Secretariat, Jaipur
2. Rajasthan Staff Selection Board, Through Its Secretary,
State Institute Of Agriculture Management Premises,
Durgapura, Jaipur - 302018, Rajasthan.
3. The Director, Training, Department Of Skill, Employment
And Entrepreneurship, Directorate Of Technical Education,
W-6, Residency Road, Gaurav Path, Jodhpur, Rajasthan.
4. The District Collector, Collectorate, Tonk.
----Respondents
For Petitioner(s) : Mr. Dheeraj Palia for Mr. Ram Pratap
Saini
For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
19/01/2021
Learned counsel for the petitioner submits that the issue
involved in this writ petition stands already decided by this Court
in the case of Chander Shekhar Yadav Vs. State of Rajasthan
& Ors.: S.B. Civil Writ Petition No.7956/2020 decided on
29.9.2020 wherein this Court observed 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
(2 of 2) [CW-51/2021]
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 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."
In view of the submissions made and the order passed, the
present writ petition also stands disposed of in the aforesaid
terms.
All pending applications stands dismissed.
(SANJEEV PRAKASH SHARMA),J
NITIN /77
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