Rakesh Raliya vs State Of Rajasthan
2022 Latest Caselaw 9939 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Contempt No. 353/2020

Rakesh Raliya S/o Shri Kishana Ram, Aged About 24 Years, Vpo Mundi, Post Geloli, Tehsil Jayal, District Nagaur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home Affair, Secretariat, Jaipur.

2. Biju George Joseph K, The Additional General Of Rajasthan Police, Head Quarter And Police Recruitment Cell, Police Head Quarter, Lalkothi, Tonk Road, Jaipur - 302015

3. Kishori Lal Meena, Commandant, Maharana Pratap Rac (Ir) Battalion, Pratapgarh

----Respondents

For Petitioner(s) : Mr. Prem Sukh Choudhary For Respondent(s) : Mr. Manish Vyas, A.A.G.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

28/07/2022

This contempt petition has been filed by the petitioner

alleging that the respondent-department has not complied with

the directions given by this Court in S.B. Civil Writ Petition

No.7299/2019 decided on 27.11.2019.

Pursuant to the advertisement dated 25.05.2018, the

petitioner had applied for appointment on the post of Constable.

His candidature was rejected by the respondents on the ground

that a criminal case has been lodged against him and the same is

still pending.

(2 of 3) [WCP-353/2020]

The petitioner has approached this Court by way of filing S.B.

Civil Writ Petition No.7299/2019 while contending that in the said

criminal case, the petitioner has already been acquitted. This

Court, while relying upon the judgment passed by this Court in

some other writ petitions, has allowed the writ petition and set

aside the communication dated 10.05.2019 issued by the

respondents denying appointment to the petitioner on the post of

Constable with a direction to the respondents to issue

appointment order to the petitioner and permit him to join the

duties within a period of eight weeks. It is further observed by

this Court that the petitioner shall be treated to be in service from

the date, appointments were given to other candidates pursuant

to the advertisement dated 25.05.2018 without any pecuniary

benefits for the aforesaid period. It appears that the judgment

passed by the Division Bench of this Court has been upheld upto

the Hon'ble Supreme Court while dismissing the SLP filed by the

State Government.

Learned counsel for the respondents has produced a copy of

the order dated 20.7.2022 issued by the office of Commandant,

Maharana Pratap Bataliyan, RSC (RSR), Pratapgarh, whereby the

appointment has been offered to the petitioner.

Learned counsel for the petitioner has submitted that though

the appointment has been provided to the petitioner, but the

benefits of seniority have not been given to him from the date, the

other candidates were appointed pursuant to the advertisement

dated 25.05.2018.

At this stage, Manish Vyas, A.A.G. has submitted that the

order shall be passed by the authorities granting seniority to the

petitioner from the date the other candidates have been appointed

(3 of 3) [WCP-353/2020]

pursuant to the advertisement dated 25.5.2018. He prays for

some time. Time prayed for is granted.

List on 25th August, 2022, as prayed.

(VIJAY BISHNOI),J 26-Babulal/-

Powered by TCPDF (www.tcpdf.org)