Rajasthan High Court - Jodhpur
Rekha Sharma vs State Of Rajasthan on 3 January, 2023
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14432/2019
Anita Choudhary D/o Shri Pyare Lal Choudhary, Aged about 35
years, R/o Dinarpur, Via Kattradhal, District Sikar, Rajasthan.
----Petitioner
Versus
1. State of Rajasthan, through the Secretary, Department of
Rural & Panchayati Raj, Government of Rajasthan, Jaipur,
Rajasthan.
2. The Chief Executive Officer, Zila Parishad Sirohi, District
Sirohi, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Tanwar Singh Rathore
For Respondent(s) : Mr. Piyush Bhandari for
Mr. Sunil Beniwal, AAG
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/01/2023
The present writ petition has been filed with the following
prayers:-
"I. By an appropriate writ, order or direction, the respondents
may kindly be directed to give all notional benefits for the
post of Lower Division Clerk, similarly situated persons
appointment- 2013 actual benefits for the Lower Division
Clerk in pursuant of the advertisement dated 2013 (Annex.1).
II. By an appropriate writ order or direction, the respondents
may kindly be directed to grant the benefits like seniority,
fixation and notional benefits in the pursuance of the first
appointment order-2013 and in pursuance of the
advertisement dated 2013.
III. By an appropriate writ, order or direction, the respondents
may kindly be directed to grant the entire benefits including
the prevailing interest to the petitioners as per the Hon'ble
High Court orders."
Learned counsel for the petitioner submits that in pursuance
of the advertisement issued by the respondents in the year 2013,
the petitioner was selected on the post of Lower Division Clerk. He
further submits that in pursuance of the selections made by the
respondents, the petitioner could not join the duties in the year
(2 of 2) [CW-14432/2019]
2013 itself when the other similarly situated persons had joined
their place of posting. The petitioner, therefore, preferred a writ
petition before this Court and in pursuance of the directions issued
by this Court, the petitioner was allowed to join her duty in the
year 2018. Learned counsel for the petitioner submits that the
respondents may be directed to consider the grant of notional
benefits to the petitioner with effect from the date of which the
other similarly situated persons had joined the duties on the post
of Lower Division Clerk.
Learned counsel for the petitioner submits that the petitioner
will file an appropriate representation before the competent
authorities and the competent authorities may be directed to
decide the same considering the judgment of this Court in S. B.
Civil Writ Petition No.21214/2027, Om Prakash & Ors. Vs. State of
Rajasthan & Ors., decided on 21.11.2017.
The submission made by learned counsel for the petitioner is
not opposed by the learned counsel for the respondents and he
assures this Court that in the event of filing the representation,
the same will be considered and decided in accordance with law.
In view of the submissions made before this Court, the
present writ petition is disposed of with a direction to the
petitioner to file an appropriate representation along with
necessary documents before the respondents and the respondent
No.2- Chief Executive Officer, Zila Parishad, Sirohi is directed to
decide the same within a period of eight weeks from the receipt of
the representation strictly in accordance with law.
(VINIT KUMAR MATHUR),J
12-Shahenshah/-
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