Rahul Chouhan vs The State Of Rajasthan ...
2023 Latest Caselaw 7828 Raj

[2023:RJ-JD:32662]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15266/2023

1. Rahul Chouhan S/o Vijay Kishan Chouhan, Aged About 25 Years, Resident Of Gandhiyon Ki Gali, Piliye Bangle Ke Samne, City Police, Jodhpur.

2. Moin Khan S/o Javed Khan, Aged About 26 Years, Resident Of - Kamal Binding House, Guljarpura, Jodhpur.

3. Mahendra Kumar Prajapat S/o Hemaram Prajapat, Aged About 34 Years, Residents Of- Plot No. 2, Near Shiv Mandir, Ashok Nagar, Chandna Bhakar, Jodhpur.

4. Gopilal Gaur S/o Girdhari Lal Gaur, Aged About 29 Years, Resident Of - Border Home Gard Ke Piche Indra Nagar, Barmer.

5. Mranal Bhatia S/o Sunil Bhatia, Aged About 25 Years, Resident Of Manak Chowk, Bawari Pada, Jaisalmer.

6. Anil Kumar S/o Mohanlal, Aged About 43 Years, Resident Of - 15, Bhadra, Vidhyabharti School, Hanumangarh.

7. Bhupendra Mathur S/o Late Bharat Bhadur Mathur, Aged About 36 Years, Resident Of- C/o Gandhiyon Ki Gali, Piliye Bangle Ke Samne, City Police, Jodhpur.

8. Gajendra Singh S/o Late Hari Singh, Aged About 37 Years, Resident Of- C/o Mangliyawas, District Nagaur.

9. Gaurav Dagdi S/o Omprakash Dagdi, Aged About 25 Years, Resident Of - C/o Firozpura, Kuchera, District Nagaur.

10. Deepak Vaishnav S/o Haridas Vaishnav, Aged About 33 Years, Resident Of - C/o Plot No. 66, Ekta Nagar, Ramjan Ji Ka Hatta, Banar Road, Nandari, Jodhpur.

11. Sujan Singh S/o Dharam Singh, Aged About 32 Years, Resident Of- C/o 31-D Jawahar Colony, Residency Road, Jodhpur.

12. Hanish Kumar Sharma S/o Late Subhash Chandra Sharma, Aged About 37 Years, Resident Of - C/o Beenjwariya Choraha, Bera Hari Sagar, Bilara, Jodhpur.

13. Gaurav Mishara S/o Avdhesh Mishara, Aged About 34 Years, Resident Of - C/o 30, Gurjaro Ka Mohalla, Behind Dev Narayan Mandir Jodhpur.

14. Mahveer S/o Ugama, Aged About 42 Years, Resident Of-

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C/o Plot No. 66, Ekta Nagar, Ramjan Ji Ka Hatta, Banar Road, Nandari, Jodhpur.

15. Jogaram Suthar S/o Ghewar Chand, Aged About 45 Years, Resident Of- Rabariyon Ka Taka, Balotra.

----Petitioners Versus

1. The State Of Rajasthan, Through The Principal Secretary To Government, Energy Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The State Of Rajasthan, Through The Chairman Discom, Vidyut Bhawan Energy Department, Government Of Rajasthan, Jaipur.

3. The Jodhpur Vidyut Vitaran Nigam Limited, Through The Managing Director, New Power House, Industrial Area, Jodhpur 342003.

4. The Ajmer Vidyut Vitaran Nigam Limited, Through The Managing Director, Vidyut Bhawan, Panchsheel Nagar, Makadwali Road, Ajmer-305004.

----Respondents

For Petitioner(s) : Dr. Kshamendra Mathur

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/10/2023

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that the relief

prayed for in the present writ petition has already been granted in

a similar writ petition decided by the Jaipur Bench of this Court on

26.04.2023 being S.B. Civil Writ Petition No.4176/1998

"Ashish Arora Vs. Rajasthan State Electricity Board, Jaipur"

and another connected matter in the following terms:-

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"(17) In the light of aforesaid decisions and constitutional provisions, exclusion of Male candidates for getting compassionate appointment on the post of LDC is based solely on gender discrimination and the same is also in violation of Clause 10.2 of the Regulations 1962. In other words, the classification is not based on any rational interga having reasonable nexus with the object sought to the achieved. The respondents cannot discriminate the petitioners to get appointment on the post of LDC merely because similar Female candidates were less in number in comparison to Male candidates.

(18) Thus, in view of the authoritative judgments of the Hon'ble Apex Court, the impugned order dated 17.10.1996 is held to be violative of Articles 14 and 16 of the Constitution of India and accordingly the same is hereby quashed and set aside.

(19) The writ petitions stand allowed. The respondent is directed to count the services of petitioners on the post of LDC with effect from their initial appointment on the post of Helper Gr.I and grant them all consequential benefits within a period of three weeks from the date of receipt of a certified copy of this judgment.

(19) Before parting with this judgment, it is directed that on account of quashing of the impugned order dated 17.10.1996, it would not provide a cause of action to any candidate in future and would apply to the cases which are pending before this court on the date of this judgment only. (21) Stay application and other applications(s), pending if any, also stands disposed of."

Learned counsel further submits that the appeal against the

order dated 26.04.2023 being D.B. Special Appeal (Writ)

No.533/2023 "The Chairman, Jaipur Vidyut Vitran Nigam

Limited Vs. Dipendra Singh Mehta" and another connected

matter has been dismissed by the Division bench on 19.07.2023.

In these circumstances, learned counsel for the petitioners,

without joining the issues on merits, submits that he may be

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permitted to file a representation to the respondents for redressal

of their grievances in light of the judgment rendered in the case of

Ashish Arora (supra) & Dipendra Singh Mehta (supra).

Considering the limited prayer of the petitioners, the present

writ petition is disposed of with liberty to the petitioners to

approach the respondents by way of filing an appropriate

representation. In the event of filing such representation by the

petitioners, the respondents shall consider and decide the same

within a period of three months from date of receipt of such

representation along with the certified copy of this order, strictly in

accordance with law.

(VINIT KUMAR MATHUR),J 219-/Vivek/-

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