Rajasthan High Court
State Of Rajasthan vs Ashok Kumar Meena S/O Shri Ram ... on 19 December, 2022
Bench: Manindra Mohan Shrivastava, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Misc. Review Petition (Writ) No. 115/2022
In
D.B. Special Appeal Writ No. 586/2019
In
S.B. Civil Writ Petition No. 17144/2018
1. State Of Rajasthan, Through Its Principal Secretary,
Public Health Engineering Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. Chief Engineer (Admn.), Public Health Engineering
Department, Jal Bhawan, Jacob Road, Jaipur.
3. Chief Engineer (Rural), Public Health Engineering
Department, Jal Bhawan, Jacob Road, Jaipur.
----Petitioners
Versus
Ashok Kumar Meena S/o Shri Ram Karan Meena, Aged About
33 Years, R/o Village Kothin, Post Baijupada, Tehsil Baswa,
District Dausa Presently Working On The Post Of Junior
Engineer, Public Health Engineering Department, Baswa, Sub-
Division Bandikui District Dausa.
----Respondent
For Petitioner(s) : Mr. Anil Mehta, AAG with
Ms. Archana, Advocate
For Respondent(s) : Mr. Lokesh Kumar Sharma, Advocate
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Judgment / Order
19/12/2022
Though, there is an application for condonation of delay, in
view of the office report, the review petition is within limitation.
(2 of 3) [WRW-115/2022]
Therefore, the application for condonation of delay is disposed
off as superfluous.
Heard on prayer for review/recall/modification of order
dated 31.07.2020 passed by this Court in D.B. Special Appeal
Writ No.586/2019.
Learned Additional Advocate General would submit that
the issue which fell for decision before this Court was with
regard to entitlement of the respondent for being categorized as
Degree Holder Engineer obtaining degree while in service with
Diploma in hand. He would submit that while complying the
order passed by this Court on 31.07.2020, the
credentials/certificate of passing were scrutinized and the
authorities formed an opinion that the degree is not proper.
Therefore, the order may be appropriately corrected, modified
or if need arises, be recalled.
Learned counsel appearing for the respondent-writ
petitioner would submit that the issue decided either before the
learned Single Judge or even in the appeal, the State never
came out with any such case that the B.E. Degree of the
respondent is improper and invalid and, therefore, could not be
made a basis to grant the status of Degree Holder Engineer.
Learned counsel for the respondent also submits that the State
and its authorities have already complied with the directions and
the name of the respondent has already been included in the
seniority list of the Junior Engineer Degree Holder.
We may hasten to clarify that the issue raised before this
Court was not with regard to the correctness and validity of the
B.E. Degree of the respondent-writ petitioner. This Court
(3 of 3) [WRW-115/2022]
disposed off the appeal in the light of order passed by other Co-
ordinate Benches of the Court in the matter of change of
category from Diploma Holder to Degree Holder upon acquisition
of B.E. Degree. We are informed that the respondent has
published the seniority list of the Degree Holder Engineer.
It would open for the State to scrutinise the degree of the
respondent. In case, the State forms an opinion with regard to
the correctness and/or validity of the degree, the respondent
would be at liberty to challenge such decision, if any, through
appropriate proceedings in accordance with law.
With the aforesaid clarification, this petition is disposed off.
(CHANDRA KUMAR SONGARA),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /7
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