Somendra Kumar Mishra vs State Of Rajasthan
2022 Latest Caselaw 2194 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2096/2022

Somendra Kumar Mishra S/o Shri Suresh Chandra Shastri, Aged About 42 Years, R/o Vpo Antela, Village Antela, Tehsil Viratnagar, District Jaipur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Principal Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

3. The Director, Elementary Education, Rajasthan, Bikaner, District Bikaner, Rajasthan.

4. The Chief Executive Officer, Zila Parishad Barmer, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Sushil Bishnoi (through VC) For Respondent(s) : Mr. Pankaj Sharma, AAG (through VC)

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

08/02/2022

Learned counsel for the petitioner submits that the issue

raised in the present writ petition is squarely covered by the

judgment in Shyam Lal Sarawata v. State of Rajasthan & Ors.:

S.B. Civil Writ Petition No.17112/2021, decided on 27.01.2022,

wherein similarly situated petitioner was granted relief by the

Court.

A copy of the writ petition has been served on Mr. Pankaj

Sharma, AAG, who puts in appearance on behalf of the

respondents and submits that the facts of the case would be

(2 of 2) [CW-2096/2022]

covered by the judgment in the case of Shyam Lal Sarawata

(supra).

In the case of Shyam Lal Sarawata (supra), this Court, based

on the circular dated 03.01.2017 issued by the respondents, came

to the conclusion that the cut-off date as on 01.01.2017 was

required to be taken and if the petitioner was found eligible, he

was entitled to be accorded appointment and passed the following

order :-

"Consequently, the order dated 04.10.2021 (Annex.6) qua the petitioner is quashed and set-aside. In case, the petitioner is otherwise eligible, he be accorded appointment in terms of the provisional selection dated 08.09.2021 (Annex.5) with all consequential benefits, from the date, person lower in merit to the petitioner was accorded appointment by the respondents.

Needful may be done by the respondents within a period of four weeks. The petitioner would be entitled to monetary benefits from the date, he joins duty pursuant to the order of appointment to be issued by the respondents."

Consequently, the writ petition filed by the petitioner is also

allowed with similar directions as given in the case of Shyam Lal

Sarawata (supra).

(ARUN BHANSALI),J 142-Rmathur/-

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