Vishna Ram Choudhary vs State And Ors
2022 Latest Caselaw 2501 Raj

Citation : 2022 Latest Caselaw 2501 Raj
Judgement Date : 11 February, 2022

Rajasthan High Court - Jodhpur

Vishna Ram Choudhary vs State And Ors on 11 February, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4962/2016

Vishna Ram Choudhary s/o Shri Magha Ram Choudhary, aged about 38 years, resident of Village Jatawas, Post Tena, Tehsil Shergarh, District Jodhpur.

----Petitioner Versus

1. State of Rajasthan through the Secretary to the Government, Department of Women and Children Development, Rajasthan, Jaipur.

2. The Director, Women and Children Development Department, Jaipur.

3. The Coordinator-cum-Project Director, District Women and Children Development Agency, Jodhpur.

                                                                   ----Respondents


For Petitioner(s)           :     Hukam Singh.
For Respondent(s)           :     Mr. A.K. Gaur, AAG



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                       Order

11/02/2022

This writ petition has been filed by the petitioner with the

following prayers :-

"(i) the respondents be directed to carry out the directions given by this Hon'ble Court in the judgment of the Hon'ble Single Bench dated 14.01.2015, as affirmed by the Hon'ble Division Bench vide judgment dated 18.11.2015 in an expeditious manner and time limit may also be fixed;

(ii) The respondents be directed to screen the candidature of the petitioner and to appointment him as Assistant Child Development Project Officer in accordance with the Rules of 1998 with effect from the date when the Rules came into force and to give him benefit of seniority, pay fixation, promotion etc.

(2 of 3) [CW-4962/2016]

Any other relief which this Hon'ble Court deems just and proper in favour of the petitioner, may also be granted."

An application has been filed by the petitioner, inter-alia,

claiming that persons similarly situated to the petitioner, who were

granted relief vide judgment dated 14.01.2015, have been

granted relief by the respondents way-back in the year 2016,

however, for no apparent reason, the respondents have not

granted the similar relief to the petitioner and therefore, they may

be directed to grant similar relief to the petitioner.

Learned counsel for the respondents does not dispute the

fact that the case of the petitioner is identical to that of persons,

who were granted relief by order dated 27.09.2016 (Annex.A)

filed alongwith the application.

This Court, while allowing the writ petition filed by the

petitioner alongwith Smt. Munni Choudhary, Smt. Rajni Rathore &

Smt. Govind Kanwar granted the following relief :-

"25. Consequently, the writ petition deserve to be and is hereby allowed. The order dated 7.7.2014 which has been placed on record with the I.A. No.3736/2014 rejecting the petitioners' case for being screened under Rule 6(3)(iii) of the Rules of 1998 on the ground that they were not appointed on adhoc/officiating/urgent temporary basis, is quashed and set aside. The order (Annex.10) dated 9.5.2002 and the order (Annex.12) dated 17.7.2013 are also quashed and set aside. The respondents are directed to take up the cases of the petitioners for screening in accordance with Rule 6(3)

(iii) of the Rules of 1998 treating their original appointments to be adhoc/urgent temporary appointments within a period of four weeks from the date of this order. The petitioners have already conceded at the outset that they shall not claim backwages for the period which they have not worked and accordingly, if the petitioners are given appointment, they shall not be entitled to backwages. However, the petitioners shall be entitled to notional benefits."

(3 of 3) [CW-4962/2016]

The said judgment has been upheld by the Division Bench in

State of Rajasthan & Ors. v. Smt. Munni Choudhary & Ors. : D.B.

Civil Special Appeal (Writ) No.274/2015, decided on 18.11.2015

and Special Leave Petition against the same has also been

rejected by the Hon'ble Supreme Court on 18.03.2016. There is

apparently no reason for the respondent to not comply with the

directions given by this Court as done in the case of Smt. Munni

Choudhary, Smt. Rajni Rathore & Smt. Govind Kanwar by order

dated 27.09.2016.

Consequently, the writ petition filed by the petitioner is

allowed. The respondents are directed to implement the directions

given by this Court qua the petitioner as done in the cases of Smt.

Munni Choudhary, Smt. Rajni Rathore & Smt. Govind Kanwar as

directed by this Court by order dated 14.01.2015, in letter and

spirit most expeditiously.