Julfikar vs State Of Rajasthan
2021 Latest Caselaw 16570 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 13621/2021

Julfikar S/o Mumtaz Ali, aged about 31 Years, R/o 563, Lane In Front of J.M Builders, Indra Colony, Bikaner, Rajasthan.

----Petitioner Versus

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 Line, Jaipur.

----Respondents

For Petitioner(s) : Mr. Shridhar Mehta.

Through video conferencing.

For Respondent(s) : Mr. Pankaj Sharma, AAG with Mr. Rishi Soni.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

08/11/2021

It is submitted by learned counsel for the petitioner that the

issue raised in the present writ petition is squarely covered by

judgment of this Court in Vimla Devi Saini v. State of Rajasthan &

Ors.: S.B. Civil Writ Petition No.7330/2016, decided on

20.11.2017 by a Coordinate Bench, wherein, the writ petition filed

by the petitioner was disposed of in terms of order in the case of

Charu Joshi v. State of Rajasthan & Ors.: S.B. Civil Writ Petition

No.419/2015, decided on 22.1.2016.

Against the judgment in the case of Vimla Devi Saini (supra),

appeal filed by the State being D.B. Civil Special Appeal (Writ)

(2 of 2) [CW-13621/2021]

No.877/2019 has also been dismissed by the Division Bench on

30.9.2019.

Further, in the case of Mahendra v. State of Rajasthan &

Ors.: S.B. Civil Writ Petition No.4689/2020, decided on 11.6.2020,

following the order in the case of Vimla Devi Saini (supra), relief

has been granted to the petitioner therein.

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).

(ARUN BHANSALI),J 218-DJ/-

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