Rajasthan High Court - Jodhpur
Smt. Laxmi Choudhary vs State Of Rajasthan on 27 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14591/2021
Smt. Laxmi Choudhary D/o Shri Pola Ram W/o Shri Poonma Ram
Choudhary, Aged About 39 Years, Resident Of Baitu Bhopji,
Tehsil Baitu, District Barmer, Rajasthan. Presently Posted On The
Post Of Ldc In Panchayat Samiti Baitu, District Barmer,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Rural Development And Panchayati Raj
(Panchayati Raj), Government Of Rajasthan, Jaipur,
Rajasthan.
2. Additional Commissioner, Rural Development And
Panchayati Raj Department, Government Of Rajasthan,
Jaipur.
3. District Programme Coordinator And District Collector,
Barmer, Rajasthan.
4. Chief Executive Officer, Zila Parishad Barmer, Rajasthan.
5. Development Officer, Panchayat Samiti Baitu, District
Barmer, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pawan Singh
For Respondent(s) : Mr. Sunil Beniwal, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Learned counsel for the parties are ad idem that the
controversy involved in the present writ petition is squarely
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covered by the judgment of this Court in Babu Lal Meena & Ors. Vs.
State of Rajasthan & Ors.; S.B. Civil Writ Petition No.144/2015, decided
on 01.09.2015, wherein it was directed as under :
"20. As a result of the aforesaid discussion, the instant writ
petitions deserve to be and are hereby allowed. The
respondents shall allow the petitioners to join on their
respective posts pursuant to their selection as L.D.Cs. in the
questioned direct recruitment process of the year 2013.
However,
(i) such of the petitioners who did not apply for
extension of time shall not be entitled to join the
post;
(ii) the petitioners shall not be entitled to claim
seniority over and above the candidates who have
already joined their posts pursuant to their
selection. Their names shall be placed at the
bottom of the select list;
(iii) the petitioners shall be entitled to notional
benefits from the date of the appointment order
till the date of their joining. They shall join their
respective posts within a period of two months
from the date of this order, failing which their
appointment shall stand cancelled automatically."
It is submitted by learned counsel for the petitioner that
despite specific direction by this Court and the fact that petitioner
was granted appointment vide order dated 28.08.2017, they have
complete their period of probation in September, 2019, the
directions issued by this Court accorded notional benefits have not
been followed by the respondents and representation made in this
regard has also not been decided.
On notice being issued, the respondents have filed reply to
the petition, inter alia, disputing the claim made by the petitioner
on the ground that the petitioner id not join in the year 2013 and
have joined in the year 2017 only, and therefore, they were not
entitled for any relief.
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(3 of 3) [CW-14591/2021]
I have considered the submissions made by learned counsel
or the parties and have perused the material available on record.
With directions by this Court in the case of Babu Lal Meena
(supra), which was followed in petitioner's case as covered,
wherein the directions were to accord notional benefits to the
petitioner, who was similarly situated to Babu Lal Meena(supra),
the plea sought to be raised by the respondents in absence of any
challenge to the judgment of Babu lal Meena (supra) and/or any
variation thereof, even if an appeal has been filed, cannot be
countenanced.
Consequently, the writ petition filed by the petitioner is
allowed. The respondents are directed to follow the directions as
given in petitioner's case on 28.10.2015 following the order in the
case of Babu Lal Meena (supra).
Needful may be done by the respondents within a period of
four weeks.
Stay petition also stands disposed of.
(DR.PUSHPENDRA SINGH BHATI),J.
42-Sudheer/-
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