Kamal Kumar Derashri vs State Of Rajasthan ...
2023 Latest Caselaw 3886 Raj

[2023/RJJD/013063]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3152/2023

Kamal Kumar Derashri S/o Shri Amba Lal Derashri, Aged About 36 Years, R/o Village And Post Bhatoli, Tehsil And District Rajsmanand (Rajasthan).

----Petitioner Versus

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

2. Chief Executive Officer, Zila Parishad, Rajsamand.

3. District Collector, Rajsamand, Rajasthan.

----Respondents

For Petitioner(s) : Mr. S.R.Paliwal. For Respondent(s) : Mr. Kunal Upadhyay for Mr. Sunil Beniwal, AAG.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

02/05/2023

Heard learned counsel for the parties.

Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by

judgment dated 13.02.2023 rendered by Division Bench of this

court in D.B.Spl. Appl. Writ No.9/2023 (Giriraj Gujrati V/s

State of Rajasthan & Ors.) in the following terms:

"In result, the special appeal is allowed. The respondents are directed to consider candidature of the appellant against the post of LDC pursuant to advertisement dated 16.02.2023 by awarding bonus marks qua experience certificate dated 04.01.2023 issued in his favour for working on the post of Computer Operator in the transferred activities/ schemes of the Department of Rural Development and Panchayati Raj. It is further directed that if petitioner fails in merit, then he shall be given

[2023/RJJD/013063] (2 of 2) [CW-3152/2023]

appointment from the date, persons lower in merit to him were accorded appointment. The appellant however shall not be entitled to any back wages.

No order as to costs.".

In view of the judgment dated 13.02.2023, the present writ

petition is allowed. The impugned order dated 14.10.2022

(Annex.28) is quashed and set aside and the respondents are

directed to consider the experience certificate dated 15.04.2023

while considering candidature of the petitioner.

(VINIT KUMAR MATHUR),J 158-AnilSingh/-

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