Rajasthan High Court - Jodhpur
Lalit Chhajer vs State Of Rajasthan on 28 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14577/2021
Lalit Chhajer S/o Shri Leeladhar Chhajer, Aged About 36 Years,
R/o C/o Chhajer Binding Works, Malgodam Road, Barmer,
Rajasthan. Presently Posted On The Post Of Ldc In Panchayat
Samiti Barmer, 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 Barmer, 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
28/10/2021
1. 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.
2. Learned counsel for the parties are ad idem that the
controversy involved in the present writ petition is squarely
covered by the judgment of this Court in Babu Lal Meena & Ors.
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(2 of 3) [CW-14577/2021]
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."
3. It is submitted by learned counsel for the petitioners that
despite specific direction by this Court and the fact that petitioners
were granted appointments vide order dated 23.08.2017, 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.
4. 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 did not join in the year 2013 and
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(3 of 3) [CW-14577/2021]
have joined in the year 2017 only, and therefore, they were not
entitled for any relief.
5. I have considered the submissions made by learned counsel
for the parties and have perused the material available on record.
6. With directions by this Court in the case of Babu Lal Meena
(supra), which was followed in petitioners' case as covered,
wherein the directions were to accord notional benefits to the
petitioners, who were 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.
7. Consequently, the writ petition filed by the petitioners is
allowed. The respondents are directed to follow the directions as
given in petitioners' case on 18.03.2016 following the order in the
case of Babu Lal Meena (supra).
8. Needful may be done by the respondents within a period of
four weeks.
8. Stay petition also stands disposed of.
(DR. PUSHPENDRA SINGH BHATI),J.
208-SKant/-
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