Gajendra Singh vs State Of Rajasthan ...
2023 Latest Caselaw 4227 Raj

[2023/RJJD/014079]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18353/2022

Gajendra Singh S/o Shri Hari Singh Bika, Aged About 38 Years, R/o Ward No. 6, Near Gurudwara, Baipura, Merta Road, District Nagaur.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Rajasthan Secretariat, Jaipur.

2. The Secretary To The Government And Commissioner, Rural Development And Panchayati Raj Department, Secretariat, Jaipur.

3. The Chief Executive Officer, Zila Parishad Nagaur.

4. Block Development Officer, Panchayat Samiti, Merta District Nagaur.

----Respondents

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

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

08/05/2023

1. Learned counsel for the petitioner submits that the

controversy involved in the present writ petitions is squarely

covered by a judgment dated 01.09.2015, passed by this Court in

a batch of writ petitions, led by SB Civil Writ Petition No.144/2015

(Babu Lal Meena & Ors. Vs. State of Rajasthan & Ors.).

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

is not in a position to dispute the aforesaid position of fact and

law.

[2023/RJJD/014079] (2 of 2) [CW-18353/2022]

3. In the judgment of Babu Lal Meena (supra), this Court has

held thus:-

"20. As a result of the aforesaid discussion, the instant writ petitions deserve to be and are hereby allowed. The respondents shall allow the petitioners to join on their respective posts pursuant to their selection as L.D.Cs. in the questioned direct recruitment process of the year 2013. However,

(i) such of the petitioners who did not apply for extension of time shall not be entitled to join the post;

(ii) the petitioners shall not be entitled to claim seniority over and above the candidates who have already joined their posts pursuant to their selection. Their names shall be placed at the bottom of the select list;

(iii) the petitioners shall be entitled to notional benefits from the date of the appointment order till the date of their joining. They shall join their respective posts within a period of two months from the date of this order, failing which their appointment shall stand cancelled automatically."

4. Petitioner has admittedly joined. Hence, following the

judgment in the case of Babu Lal Meena (supra), the present writ

petition is allowed. The petitioner is held entitled for notional

benefits from the date of appointment order till the date of his

joining.

5. The stay applications also stand disposed of accordingly.

(VINIT KUMAR MATHUR),J 137-/Vivek/-

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