Sant Lal Harijan vs The State Of Rajasthan ...
2023 Latest Caselaw 8099 Raj

[2023:RJ-JD:33115]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8496/2023

Sant Lal Harijan S/o Sh. Norat Mal Harijan, Aged About 35 Years, R/o Harijan Basti, Ward No. 17, Taranagar, Churu (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary Department Of Local Bodies, Jaipur (Raj.).

2. Municipal Council, Through Its Executive Officer, Taranagar, District Churu (Raj.).

----Respondents

For Petitioner(s) : Mr. Kaushal Gautam For Respondent(s) : Mr. Sunil Beniwal, AAG assisted by Mr. Piyush Bhandari

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/10/2023

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 a

judgment of this Court rendered in S.B. Civil Writ Petition

No.5671/2023 (Nirmala V/s State of Rajasthan & Anr.)

decided on 26.04.2023.

Although, learned counsel for the respondents submits that

the controversy is covered by the judgment of Nirmala(Supra),

however, the same cannot be given effect to on the ground that

there is no vacancy available in the respondent-Municipal Council,

Taranagar, District Churu.

[2023:RJ-JD:33115] (2 of 2) [CW-8496/2023]

In view of the statement made by the learned counsel for the

respondents, the present writ petition is allowed and it is ordered

that the respondents will extend the same benefit to the petitioner

as was ordered in the case of Nirmala (Supra), if the vacancy/post

is still available with them.

The stay application as well as other pending applications, if

any, stand disposed of.

(VINIT KUMAR MATHUR),J 37-SunilS/-

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