Jaya Pareek D/O Shri Brij Kishor ... vs Department Of Treasuries And ...
2021 Latest Caselaw 672 Raj/2

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         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11649/2019

Jaya Pareek D/o Shri Brij Kishor Pareek, Aged About 27 Years,
R/o- 2482 Govind Rajeyon Ka Rasta Bariyon Ka Bad, Purani Basti
Jaipur
                                                                  ----Petitioner
                                   Versus
Department Of Treasuries And Accounts, Through Director, Vitt
Bhawan, Janpath, Jaipur- Rajasthan.
                                                                ----Respondent

For Petitioner(s) : Mr. Himanshu Jain on behalf of Mr. Ajatshatru Meena For Respondent(s) : Mr. M.S. Singhvi,Advocate General with Mr. Sheetanshu Sharma

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment

22/01/2021

1. Heard learned Advocate General.

2. A short point involved in the present petition is whether the

petitioner should be deprived of consideration for appointment on

the post of Junior Accountant on the ground that she was not

present on the date fixed for document verification although her

name is available in the select list and persons having lesser merit

have already been offered the post.

3. Learned Advocate General submits that in some similar

matters, interim orders have been passed and candidates have

been allowed to submit their documents for verification.

4. In the opinion of this Court, although a time limitation has to

be prescribed. However, if there is a case where a candidate is not

able to appear for document verification for valid reasons, another

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date can always be provided by the State authorities so that

meritorious candidates may be allowed to appear and get their

documents verified. A meritorious person must be given due

chance for consideration of appointment.

5. Keeping in view above this writ petition is allowed the

petitioner is given one more chance to appear before the

respondent on or before 03.02.2021 and submit her documents

for verification and if she is found to be in order, the respondent

shall offer the appointment. However, her appointment shall be

treated as notional from the date lesser meritorious candidates

have been given appointment. Actual benefits shall be made

available only from the date of joining. The petitioner shall have to

undergo the regular probation period and her pay fixation shall be

made notional for the earlier period actually from the date of

joining.

5. Accordingly, the writ petition stands dismissed.

6. The view taken by this Court will not apply in cases where

the department has already filled up the vacancies.

7. All pending applications also stands disposed of.

(SANJEEV PRAKASH SHARMA),J

SAURABH YADAV 670/219

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