Prakash Chandra Tiwari Son Of Shri ... vs The State Of Rajasthan
2022 Latest Caselaw 5057 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 14238/2021

Prakash Chandra Tiwari Son Of Shri Kainhiya Lal Tiwari, Aged
About 63 Years, Resident Of Plot A-112-B, Tapovan Vihar, Near
Cbi Colony Fatak, Jagatpura, Jaipur.
                                                                        ----Petitioner
                                        Versus
1.     The     State      Of      Rajasthan,        Through          The     Secretary,
       Department           Of         Labour,      Skill,     Employment            And
       Entrepreneurship, Government Secretariat, Jaipur.
2.     The Director, Training, Technical Education, Rajasthan, W-
       6, Residency Road, Jodhpur.
                                                                     ----Respondents

For Petitioner(s) : Mr. Banwari Lal Sharma For Respondent(s) : Mr. Hari Kishan Saini, Dy.G.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

22/07/2022

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 order of regular appointment and not before that. In other words,

(2 of 2) [CW-14238/2021]

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.

The petitioner is at liberty to file fresh writ petition if any

claim is left out.

(INDERJEET SINGH),J

Upendra Pratap Singh /109

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