Manish Avasthi S/O Shiv Kumar ... vs The State Of Rajasthan
2022 Latest Caselaw 3966 Raj/2

Citation : 2022 Latest Caselaw 3966 Raj/2
Judgement Date : 19 May, 2022

Rajasthan High Court

Manish Avasthi S/O Shiv Kumar ... vs The State Of Rajasthan on 19 May, 2022

Bench: Inderjeet Singh

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 6711/2021

1.     Manish Avasthi S/o Shiv Kumar Sharma, Aged About 31
       Years, R/o Near Of Jhajhi Rampura Gate, Neemapara
       Mohalla,     Village     And       Post      Baswa,       District    Dausa,
       Rajasthan - 303327.
2.     Ravi Kumar Goyal S/o Hari Prasad Goyal, Aged About 32
       Years, R/o 90, Scheme No. 02, Alwar, Rajasthan.
                                                                   ----Petitioners
                                    Versus
1.     The State Of Rajasthan, Through Its Principal Secretary,
       Department Of Personnel And Administrative Reforms,
       Govt. Of Rajasthan, Secretariat, Jaipur.
2.     The Secretary, Rajasthan Public Service Commission,
       Ghooghra Ghati, Ajmer (Raj.).
3.     Sachin Yadav, Currently Posted as RAS at Sub-Divisional
       Officer, Khujuwala (Bikaner).
4.     Prabhjot     Singh      Gill,    Currently         Posted    as      RAS   at
       Commissioner, Municipal Council, Sriganganagar (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Vigyan Shah. For Respondent(s) : Mr. R.N. Mathur, Senior Counsel assisted by Mr. Shovit Jhajharia.

Mr. S.S. Raghav, AAG.

Mr. M.F. Baig.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

19/05/2022

Heard on the application under Article 226 (3) of the

Constitution of India filed on behalf of respondents No.3 & 4 for

vacation of the interim order dated 01.07.2021.

The order dated 01.07.2021 reads as under:-

(2 of 3) [CW-6711/2021]

"Learned counsel for the petitioners submits that the respondent nos.3 & 4 have availed the benefits of reservation category, the notification dated 09.06.2020 under second proviso to Rule 15(2), for being included in the main examination and thus, after the selection, they could not have been placed in the general category as they would go to their respective category.

Learned counsel relies on the judgment passed by the Supreme Court in the case of (2018) 11 SCC 352 : Gaurav Pradhan & Ors. versus State of Rajasthan & Ors. and other connected matters.

Issue notice on the writ petition as well as stay application, returnable by 04.08.2021. Notices be given "dasti", as prayed. In the meanwhile, the appointment of respondent Nos.3 & 4 on the post of RAS shall be subject to the decision of the case and shall be treated as purely provisional. List this case again on 04.08.2021.

Learned Senior Counsel appearing for the respondents No.3

& 4 submits that the advertisement was issued in the year 2016

and after a long legal battle they got appointment ultimately on

30.06.2019 in the Rajasthan Administrative Services. Learned

Senior counsel further submits that the present writ petition has

been filed by the petitioners challenging their appointment in open

category in view of the judgment passed by the Division Bench of

this court in the matter of RPSC VS. Mansi Tiwari & Ors. (D.B.

Special Appeal Writ No.1317/2017 along with other connected

matters) decided on 08.05.2018. Learned Senior Counsel further

submits that this court passed the order on 01.07.2021 that

appointment of respondents No.3 & 4 in the Rajasthan

Administrative Services shall be subject to the decision of the case

and shall be treated as purely provisional, on account of which the

(3 of 3) [CW-6711/2021]

State-respondents are neither confirming the petitioners on the

said post nor paying regular pay scale of the post.

Counsel for the petitioner submits that the respondents No.3

& 4 along with other candidates have wrongly been given

appointment in general category by the State Government due to

which the petitioners are suffering.

Heard counsel for the parties and perused the record.

Admittedly, the petitioners were appointed prior to passing of

the interim order dated 01.07.2021, therefore, I deem it

appropriate to modify the said order in the following terms:-

"During pendency of the writ petition, the appointment of the respondents No.3 & 4 in the Rajasthan Administrative Services shall be subject to final decision of the writ petition."

With the above modification, the application for vacaation of

the interim order dated 01.07.2021 is disposed of.

The order dated 01.07.2021 is modified accordingly.

List this matter for final disposal on 03.08.2022.

(INDERJEET SINGH),J

MG/72