State Of Rajasthan vs Mukesh Bhati
2021 Latest Caselaw 10221 Raj

Citation : 2021 Latest Caselaw 10221 Raj
Judgement Date : 7 July, 2021

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Mukesh Bhati on 7 July, 2021

Bench: Indrajit Mahanty, Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 459/2020

1. State Of Rajasthan, through the Principal Secretary, Public Health and Engineering Department, Secretariat, Jaipur.

2. The Chief Engineer, Public Health And Engineering Department, Rajasthan, Jaipur.

3. The Chief Engineer (Administration) Technical Member, RWSSMB, Public And Engineering Department, Secretariat, Jaipur.

----Appellants Versus

1. Himanshu Khandelwal S/o Giriraj Prasad Khandelwal, Aged About 24 Years, R/o House No. 307, Rajat Vihar, Near St Emanuel Mission School, Sojat Road, Pali.

2. Rajendra Singh S/o Sh. Man Singh, Aged About 27 Years, R/o House No. C-17, Sector-6L, Ward No. 43, Hanumangarh Junction.

3. Vinesh Saini S/o Brijendra Saini, Aged About 23 Years, R/o Behind The Vidyapeeth Adarsh Colony, Kalla Ka Golla, Bashvar, Bharatpur.

----Respondents D.B. Spl. Appl. Writ No. 361/2021

1. 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.

----Appellants Versus Mukesh Bhati S/o Sh. Poonam Chand Bhati, Aged About 31 Years, R/o Behind Nanesh Marble Factory, Shiv Basti, Nikha Road, Gangashahar, Bikaner, Rajasthan.

                                                                 ----Respondent





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                           Connected With

D.B. Spl. Appl. Writ No. 308/2021

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

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

----Appellants Versus Kamlesh Kumar Saini S/o Kajormal Saini, Aged About 27 Years, R/o Phed Quarter No. W9, Near Discom Main Gate, New Power House Road, Jodhpur.

----Respondent D.B. Spl. Appl. Writ No. 315/2021

1. 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, Office Of The Aen, Phed, Sub-

Division, Bap, Jodhpur, (Raj.).

----Appellants Versus Neeraj Rajput S/o Purendra Singh Rajput, Aged About 31 Years, 72, Rajput Colony, Sitahera, Alwar, Rajasthan Currently Posted At Aen, Phed, Sub-Division Bap, Dist. Jodhpur

----Respondent D.B. Spl. Appl. Writ No. 317/2021

1. 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, Office Of The Aen (City), Phedsub Division Production, Bhilwara, Rajasthan.

                                                               ----Appellants




                                       (3 of 5)                  [SAW-459/2020]


                                Versus

Reena Karmwani D/o Sh. Shyam Sundar Karmwani, Aged About 30 Years, R/o 28, Azad Nagar, Pushkar Road, Ajmer, Rajasthan Currently Posted As Jen, Office Of The Aen (City), Public Health And Engineering Department, Sub - Division Production, Bhilwara , Rajasthan.

----Respondent D.B. Spl. Appl. Writ No. 355/2021

1. 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, Office Of The Aen, Phed, City Sub - Division Vyas Park, Jodhpur.

----Appellants Versus Sohan Lal S/o Sh. Prahlad Ram, Aged About 28 Years, R/o Anwala Ka Basm Antroli Kalan, Nagaur, Rajasthan.

----Respondent D.B. Spl. Appl. Writ No. 371/2021

1. 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, Office Ot The Aen, Phed Sub-

Division Raipur, Bhilwara, Rajasthan.

----Appellants Versus Ravindra Singh Kuntal S/o Jagdish, Prasad Kuntal, R/o On Sonkh, Bharatpur Main Road, Tirkha Thok, Near Bijli Ghar, Ajan, Bharatpur, Rajasthan Currently Posted As Jen, Public Health And Engineering Department, Sub-Division Raipur, Bhilwara, Rajasthan.

                                                             ----Respondent





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For Appellant(s)          :     Mr. Pankaj Sharma, AAG.
For Respondent(s)         :     Mr. Sridhar Mehta.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

07/07/2021

Defects pointed out by the office are over-ruled.

Counsel for the parties are in agreement that the

controversy involved in present batch of appeals is covered by the

order passed in S.B. Civil Writ Petition No.7330/2016 (Vimla Devi

V/s. State of Rajasthan & Ors. decided on 20.11.2017). The

order passed in the case of Vimla Devi was affirmed by the

Division Bench of this Court vide judgment dated 30.09.2019 in

D.B. Civil Special Appeal (Writ) No.877/2019. The matter was

taken to the Apex Court by filing Petition for Special Leave to

Appeal (C) No.7797/2021 and the Apex Court, vide its order dated

01.07.2021, has confirmed the judgment passed by the Division

Bench in the following terms:-

"The present bunch of matters were disposed of by the Division Bench of the High Court relying upon its earlier decision dated 30.09.2019 passed in State of Rajasthan & Anr. v. Vimla Devi Saini, D.B. Special Appeal (Writ) No.877 of 2019.

In Vimla Devi Saini's case, after considering Rule 6(1A) of the Rajasthan Engineering Subordinate Service (Public Health Engineering Branch) Rules, 1967, the Division Bench of the High Court observed as under:

"In the present case, the respondent is possessing degree of B.E. Even if she applied against diploma category, the rules permit her to seek change of the category from diploma to degree quota, of course, subject to availability of vacancies and further subject to a rider that her seniority amongst the Junior Engineer (Degree Holders) shall be determined from the date

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of occurrence of vacancy against which she would be appointed on the post of Junior Engineer (Degree Holder) and one third of her previous experience shall be counted as experience on the post of Junior Engineer for the purpose of promotion to the next higher post. It has not been disputed that there is indeed vacancy available in the quota of Degree Holders Junior Engineer."

We have Ms. Pragati Neekhra, learned Advocate for the State and Mr. Arvind Varma, learned Senior Advocate appearing for some of the respondents on caveat.

We do not see any reason to entertain these petitions in exercise of our jurisdiction under Article 136(1) of the Constitution.

These Special Leave Petitions are, accordingly, dismissed.

Pending applications, if any, also stand disposed of."

In this view of the matter, the controversy no longer

survives. The appeals are, therefore, dismissed in light of the

judgment of the Hon'ble Supreme Court.