Rahul Sharma vs State Of Rajasthan
2022 Latest Caselaw 6257 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14769/2018

Rahul Sharma S/o Shri Rajendra Kumar, Aged About 31 Years, Quarter No. E-114/B, Railway Colony, Near New Delhi Railway Line, Bandikui, District Dausa, At Present Residing At Mahaveer Nagar Jeengar Mohalla, Barmer

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Rural Development and Panchayati Raj Department, Govt. Of Rajasthan, Jaipur

2. The Commissioner, Rural Development and Panchayati Raj Department, Govt. Of Rajasthan, Jaipur

3. The Zila Parishad Jodhpur, through The Chief Executive Officer

4. The Zila Parishad Dausa, through The Chief Executive Officer

5. The Zila Parishad Alwar, through The Chief Executive Officer

----Respondents

For Petitioner(s) : Mr. Khet Singh Rajpurohit For Respondent(s) : Mr. Piyush Bhandari

HON'BLE MS. JUSTICE REKHA BORANA

Order

27/04/2022

Counsel for the petitioner submits that the controversy in

question is covered by the judgment passed in S.B. Civil Writ

Petition No. 4637/2019 Anoop Kakra Vs. State of Rajasthan

& Anr.

In Anoop Kakra's case (supra) relying upon the earlier

judgment passed in Ramniwas Vs. State of Rajasthan & Ors.;

(2 of 3) [CW-14769/2018]

SBCWP No.10519/2017, decided on 08.02.2018, it was observed

as under: -

"The entire emphasis of the judgment in the case of Ramniwas (supra), has been that if the candidate has worked under the Rural Development and Panchayati Raj Department, the candidate irrespective of the fact whether the scheme was of the department or the department was an implementing agency, was entitled for award of bonus marks.

From the reply, this fact is admitted that the Aajivika Mission, which is a scheme of Ministry of Rural Development, Government of India, has been implemented by the Panchayati Raj Department.

In view of the above fact situation, in so far as the services rendered by the petitioner under the Aajivika Mission is concerned, as the same is implemented by the Rural Development and Panchayati Raj Department, the same is required to be considered for award of bonus marks."

The ratio as laid down in Anoop Kakra's case (supra) has

not been refuted by the counsel for the respondents.

In the present matter the petitioner was working in

Mitigating Poverty in Western Rajasthan (MPOWER) project. As

clarified vide communication dated 01.06.2017 of Panchayati Raj

Department (Annex. -15), the MPOWER project is a project

governed by the Rural Development and Panchayati Raj

Department, Government of Rajasthan, Jaipur.

Therefore, in view of the ratio as laid down in Anoop

Kakra's case (supra) the present writ petition of the petitioner is

allowed. The respondents are directed to award bonus marks to

the petitioner based on the experience certificate produced by

him, if he is otherwise entitled for the grant of such bonus marks.

(3 of 3) [CW-14769/2018]

Further, in case, the petitioner is otherwise eligible and stands in

merit, he may be accorded appointment in accordance with law.

The said exercise may be completed by the respondents

within a period of two months of the receipt of copy of the present

order.

All pending applications also stand disposed of.

(REKHA BORANA),J

125-Dharmendra/-

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