Bharti Mehta D/O Ramavtar Mehta ... vs State Of Rajasthan
2022 Latest Caselaw 4856 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 18286/2019

Bharti Mehta D/o Ramavtar Mehta W/o Shri Durgesh Nandan
Khandelwal, Aged About 53 Years, 839-B, Shrinath Puram, Kota
                                                                      ----Petitioner
                                      Versus
1.     State Of Rajasthan, Through The Principal Secretary,
       Technical Education, Govt. Secretariat, Jaipur (Raj.)
2.     The Directorate Of Technical Education Through Its
       Director, W-6, Residency Road, Jodhpur (Raj.).
3.     Skill,   Employment            And   Entrepreneurship           Department
       Through Commissioner, Jhalana Institutional Area, Jaipur-
       302004 (Raj.)
                                                                   ----Respondents

For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. Hari Kishan Saini, Dy.G.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

15/07/2022

Learned counsel for the petitioner submits that the

controversy in question has now been decided by the Division

Bench in the case of Shyam Lal Tailor v. State of Rajasthan &

Ors. (D.B. Civil Writ Petition No. 1025/2020) (decided on

05.03.2022).

The Division Bench in Shyam Lal Tailor's case (supra),

held as under:-

"In cases of those employees who have been appointed before 16.07.1991 and were possessed of the eligibility criteria vide amended notification dated 08.07.2009, they would be entitled to regular appointment only from the date of issuance of

(2 of 2) [CW-18286/2019]

order of regular appointment and not before that. In other words, the scheme of the rules, after amendment vide notification dated 18.02.2019, clearly has two classes, i.e. those employees, who were appointed on or before 16.07.1991 and those who were appointed after 16.07.1991. As an upshot, of above after discussion and analysis of statutory scheme, though, the petitioners having been appointed after 16.07.1991, i.e. in the year 1993 and possessed of eligibility criteria as per amended notification dated 18.05.1999 would be entitled to regular appointment from the date of their order of appointments i.e. date of initial appointments. They are entitled to seniority also from the date of initial appointments with all consequential benefit of seniority from that date. Petitions are accordingly allowed in the manner and to the extent indicated above."

Learned counsel for the respondent does not refute the

above submission.

In view of the submissions made, the present writ petition

is allowed in terms of the judgment as passed in Shyam Lal

Tailor's case (supra).

All the pending applications also stand disposed of.

(INDERJEET SINGH),J

Upendra Pratap Singh /90

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