Rajpal Dhaka vs State Of Rajasthan
2022 Latest Caselaw 9900 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10449/2022

Rajpal Dhaka S/o Sukhdev Dhaka, Aged About 31 Years, Ward No.1, Toliyasar, Khudi, Tehsil Sujangarh, District Churu.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Treasuries And Accounts, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Department Of Treasuries And Accounts, Government Of Rajasthan, Secretariat, Jaipur.

3. The Deputy Director, Department Of Treasuries And Accounts, Government Of Rajasthan, Secretariat, Jaipur.

----Respondents

For Petitioner(s) : Mr. Mahaveer Bhanwariya. For Respondent(s) : Mr. Ravi Panwar, AGC.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

27/07/2022

Copy of the petition has been served on learned counsel Mr.

Ravi Panwar, AGC, who puts in appearance on behalf of the

respondents No. 1 to 3.

Learned counsel for the parties submit that the issue raised

in the present writ petition is squarely covered by order in Kapil

Purohit & Ors. v. State of Raj. & Ors.: SBCW No. 10396/2021,

decided on 18.08.2021 and the present petition may also be

decided in light of and with the similar directions as given in the

case of Kapil Purohit (supra).

In the case of Kapil Purohit (supra), a coordinate Bench of

this Court, inter alia, directed as under:-

(2 of 2) [CW-10449/2022]

"7. For the purpose aforesaid, the petitioners shall file representation before the competent authority giving out the requisite details along with certified copy of the order instant within a period of four weeks from today. On receipt of the representation, the concerned respondent shall decide the same, in accordance with law within a period of eight weeks from the date of receipt of the representation and accord notional benefits to the petitioners from the date persons similarly situated to them and lower in merit were given appointment.

8. Upon consideration of the representation so filed, if respondents find the cases of the petitioners to be covered by the judgment(s) aforesaid, before giving actual benefits, an undertaking shall be procured from the concerned petitioners to the effect that their rights/entitlements shall be subservient to the fate of the judgment(s) aforesaid and in case the same is reversed or modified in any manner, they shall also be liable for restitution of any benefits/emoluments so received.

9. The stay application also stands disposed of accordingly."

Consequently, the present petition is also disposed of in light

of and with the similar directions as given in the case of Kapil

Purohit (supra).

(ARUN BHANSALI),J 69-PKS/-

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