Madhvi Bhatnagar vs State Of Rajasthan ...
2023 Latest Caselaw 4777 Raj

[2023/RJJD/015779]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 434/2019

Madhvi Bhatnagar D/o Shri Rajesh Chandra Bhatnagar, Aged About 43 Years, Flat No. C-81, FF, Parsvnath City Pal Sangariya By Pass, Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Finance Secretary, Finance Department, Secretariat, Rajasthan, Jaipur.

2. Director, Treasury And Accounts Department, Rajasthan, Jaipur.

3. The Additional Director (Personnel-II), Department Of Treasuries And Accounts, Rajasthan, Jaipur.

4. Jalendra Kumar S/o Panchu Ram, Plot No. 544-45, Shivaji Nagar, Shastrinagar, Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ratish Bhatnagar For Respondent(s) : Mr. K.S. Rajpurohit, AAG with Mr. Shreyansh Mehta

JUSTICE DINESH MEHTA

Order

17/05/2023

1. Learned counsel for the petitioner submits that the

controversy involved in the present writ petition has already been

set at rest by a Coordinate Bench of this Court vide judgment

dated 22.11.2017, passed in the case of Sumer Singh Bhati Vs.

State of Rajasthan & Ors. : S.B. Civil Writ Petition No.7795/2014.

2. He further submits that the appeal thereagainst has also

been dismissed by the Division Bench vide judgment dated

10.05.2018, passed in Special Appeal Writ No.839/2018.

[2023/RJJD/015779] (2 of 2) [CW-434/2019]

3. In the case of Sumer Singh Bhati (supra), the Coordinate

Bench has held thus:-

"Having considered the submissions made

by learned counsel for the parties and the specific stand taken by the respondents in the reply that irrespective of the date of appointment, the petitioner would be treated senior to the persons, who were lower in merit to the petitioner, no directions qua the said aspect needs to be given. However, it is directed that the pay & allowances of the petitioner would also be fixed notionally in accordance with pay & allowances as being paid to the persons, who were lower in merit to the petitioner at the relevant time, if not already done.

With the above directions, the writ petition

filed by the petitioner stands disposed of"

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

disposed of in the same terms.

5. The respondents are directed to notionally fix the pay and

allowance of the petitioner in accordance with pay and allowance

as being paid to the persons, who were lower in merit to the

petitioner at the relevant time, as has been held in the case of

Sumer Singh Bhati (supra).

6. Needful be done within a period of eight weeks from today.

7. Stay petition also stands disposed.

(DINESH MEHTA),J 306-Ramesh/-

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