Basti Ram vs State Of Rajasthan
2023 Latest Caselaw 737 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5405/2022

Basti Ram S/o Shri Bhagwana Ram, Aged About 34 Years, Ward No. 5, V And P Khindasar, Tehsil Kolayat, District Bikaner, Rajasthan. Presently Working On The Post Of Lower Division Clerk In Gram Panchayat Kalyansingh Ki Seed, Panchayat Samiti Baap, District Jodhpur, Rajasthan.

----Petitioner Versus

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

2. District Programme Coordinator And District Collector, Jodhpur, Rajasthan.

3. Chief Executive Officer, Zila Parishad Jodhpur, Rajasthan.

4. Development Officer, Panchayat Samiti Baap, District Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Pawan Singh For Respondent(s) : Mr. Piyush Bhandari for Mr. Sunil Beniwal, AAG

JUSTICE DINESH MEHTA

Order

19/01/2023

1. Mr. Pawan Singh, learned counsel for the petitioner submitted

that the issue involved in this petition is squarely covered by

judgment dated 21.03.2022, passed in the case of Lalita Vs. State

of Rajasthan & Ors in S.B. Civil Writ Petition No.12857/2021.

2. Mr. Piyush Bhandari, learned counsel appearing for the

respondents is not in a position to dispute the aforesaid fact.

3. In the case of Lalita (supra), a co-ordinate Bench of this Court

has held thus:

(2 of 2) [CW-5405/2022]

"Consequently, the writ petition filed by the petitioner is allowed. The order dated 12.07.2021 (Annex.12) is quashed and set aside.

The respondents are directed to accord notional benefits to the petitioner on the post of LDC, as has been accorded to similarly situated candidates vide Annex.13.

Needful may be done by the respondents within a period of six weeks from the date of this order."

4. In view of the aforesaid, the present writ petition is also

allowed and the communication dated 06.10.2021 (Annex.10) is

hereby quashed and the respondents are directed to accord

notional benefits to the petitioner on the post of LDC, as has

been accorded to similarly situated candidates. Needful may be

done by the respondents within a period of six weeks from the

date of this order.

5. The stay petition also stands disposed of.

(DINESH MEHTA),J 77-pooja/-

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