State Of Rajasthan vs Khinya Ram (2023/Rjjd/003817)
2023 Latest Caselaw 1295 Raj

[2023/RJJD/003817]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 351/2021

1. State Of Rajasthan, Through Secretary Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur (Raj.).

2. The Chief Executive Officer, Zila Parishad Dholpur, Dist.

Dholpur, Rajasthan.

3. The Development Officer, Panchayat Samiti Rajakheda, Dist. Dholpur, Rajasthan.

----Appellants Versus Khinya Ram S/o Sh. Simantha Ram, Aged About 29 Years, Sahid Gopal Nagar, Gram Panchayat Sadri, Tehsil Lohawat, Dist. Jodhpur, Rajasthan.

----Respondent

For Appellants : Mr. Sunil Beniwal, A.A.G.

For Respondents             :     Mr. D.S. Sodha



              HON'BLE MR. JUSTICE SANDEEP MEHTA
                HON'BLE DR. JUSTICE NUPUR BHATI

                                   Judgment

03/02/2023

1. This Civil Special Appeal has been preferred claiming for the

following reliefs:-

"It is, therefore, humbly prayed that this special appeal may kindly be allowed. The judgment impugned dated 08.01.2019 passed by the learned single judge may kindly be declared Illegal and the same may kindly be set aside.

Any other appropriate order or direction, which Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the appellants."

[2023/RJJD/003817] (2 of 4) [SAW-351/2021]

1. The instant appeal is time-barred by 723 days. The

additional affidavit placed on the record by the Chief Executive

Officer, District-Dholpur praying for condonation of the delay

reveals that the delay is owing to the fact that the impugned

judgment under challenge herein was passed ex parte, and that

the same was not within their knowledge, and furthermore that

when the decision to file the instant appeal was taken, due to the

COVID-19 pandemic there were certain administrative lapses in

filing.

2. For the aforementioned reasons, the delay is condoned.

3. This appeal assails the judgment, dated 08.01.2019, passed

by the learned Single Judge in S.B. Civil Writ Petition No.

327/2019 whereby the petition was disposed of in light of the

judgment rendered by this Court at Jaipur Bench in the case of

Om Prakash & Ors. v. State of Rajasthan & Ors. S.B. Civil

Writ Petition No.21214/2017 decided on 21.11.2017 and the

respondent-authorities were directed to provide notional benefits

and seniority to the petitioner from the time that similarly situated

candidates have been given appointment.

4. Learned A.A.G. appearing for the State-Appellants submits

that the impugned judgment was passed ex parte; without notice

to the State authorities in the impugned writ petition, but also

those persons whose seniority would be effected by the grant of

notional benefits and seniority to the petitioner, were not

impleaded as party.

4.1 Learned A.A.G. further submits that candidates like the

present petitioner, despite being issued appointment orders for the

post of LDC in the year 2013, joined the post only in the years

[2023/RJJD/003817] (3 of 4) [SAW-351/2021]

2015-2017. And that, such persons who were issued appointment

orders but could not join preferred a writ petition before this

Court, being S.B. Civil Writ Petition No. 11/2015 whereby it was

ordered that candidates who did not apply for a time extension

were not entitled to subsequently join the post. And that despite

the same, the concerned department allowed the respondent to

join on the post of LDC in the year 2017, despite the fact that he

was absent for the verification of documents in the year 2013 and

had not applied for any time extension for joining on the post of

LDC.

4.2 Learned A.A.G. placed reliance on an order passed by the

Division Bench of this Court in the case of State of Rajasthan

and Ors. v. Salma Sultana & Anr. (D.B. Spl. Appl. Writ No.

276/2021) decided on 02.02.2022 and prayed that the

impugned judgment be quashed and set aside and that S.B. Civil

Writ Petition No. 327/2019 be revived.

5. Heard. Perused the record of the case.

6. This Court observes that impugned judgment was passed ex

parte, without affording an opportunity of hearing to the State-

Appellants and the persons whose seniority would be affected as a

consequence of the grant of notional benefits and seniority to the

respondent vide the impugned judgment.

7. This Court is of the firm opinion that it would be in the

interest of justice to grant the aforementioned parties an

opportunity of hearing, and on this count, the impugned

judgment, dated 08.01.2019 is hereby reversed. Accordingly, S.B.

Civil Writ Petition No. 327/2019 is revived and shall be placed

before the learned Single Judge concerned for fresh consideration.

[2023/RJJD/003817] (4 of 4) [SAW-351/2021]

The concerned State authorities shall appear before the learned

Single Judge without issuance of notice, and file the reply.

8. The present appeal is thus disposed of in the aforesaid

terms. Accordingly, the stay application also stands disposed of.

                                   (DR. NUPUR BHATI),J                                     (SANDEEP MEHTA),J
                                    7-Sanjay/-









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