Laxmikanta Mehta vs State And Anr
2022 Latest Caselaw 6662 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11024/2015

Laxmikanta Mehta W/o Shri Sumerchand Mehta, Aged 64 years, resident of - 17/441, Chopasni Housing Board, Jodhpur.

----Petitioner Versus

1. The State of Rajasthan through the Principal Secretary, Technical Education, Government of Rajasthan, Jaipur.

2. The Director, Technical Education, Directorate of Technical Education, Government of Rajasthan, Jodhpur.

----Respondents Connected With S.B. Civil Writ Petition No. 13340/2015 Panne Singh Sankhla S/o Late Shri Kalyan Singh Sankhla, Aged about 61 years, R/o Jatabas, Mahamandir, Jodhpur (Raj.).

----Petitioner Versus

1. State of Rajasthan through the Secretary, Department of Technical Education, Government of Rajasthan, Jaipur.

2. The Director, Department of Technical Education, Jodhpur.

----Respondents

For Petitioner(s) : Mr. R. S. Saluja. For Respondent(s) : Mr. Manish Vyas, AAG.

HON'BLE MS. JUSTICE REKHA BORANA

Order

06/05/2022

Learned counsel for the petitioners 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).

(2 of 2) [CW-11024/2015]

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, 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 respondents does not refute the

above submission.

In view of the submissions made, the present writ petitions

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

Tailor's case (supra).

All the pending applications also stand disposed of.

(REKHA BORANA),J 24-Sachin/-

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