Rajasthan High Court - Jodhpur

Kapil Singh vs State Of Rajasthan ... on 12 October, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16164/2023

1. Kapil Singh S/o Jaswant Singh, Aged About 36 Years, Resident Of Killi Khana, Makarana Mohalla, Jodhpur.

2. Ram Sagar S/o Bhagiram Vishnoi, Aged About 25 Years, Residents Of 108, Dhaylo Ki Dhani, Bisalpur, Jodhpur.

3. Minazuddin Khan S/o Hafizuddin Khan, Aged About 36 Years, Residents Of Opp. Railway Station, Indra Colony, Dhobi Ghat, Jodhpur.

4. Ratan Singh S/o Bhagwan Singh, Aged About 31 Years, Resident Of Badiya Daijar, Manaklao, Jodhpur.

5. Baldev Ram Vishnoi S/o Shiv Ram Vishnoi, Aged About 33 Years, Resident Of Hemnagar, Joliyali, Jodhpur.

6. Sunil Kumar, Aged About 37 Years, Resident Of Purana Bazar, Tiwari, Jodhpur.

7. Mahipal S/o Harchand Ram, Aged About 30 Years, Resident Of Udaniyon Ki Dhani, Sanvarij, Jodhpur.

8. Shoukat Ali S/o Mukhatyar Sah, Aged About 50 Years, Resident Of Sanjay C Colony, Pratapnagar Ward No. 18, Jodhpur.

9. Shaitana Ram S/o Narasinga Ram, Aged About 40 Years, Resident Of- Bishnoi Genira Ki Dhani, Lalsar, Fatehgarh, Dechu, Shergarh, Jodhpur.

10. Rawal Singh S/o Sher Singh, Aged About 33 Years, Resident Of Nathrau, Jodhpur.

11. Pawan Kumar S/o Makshi Charpota, Aged About 41 Years, Resident Of Ward No. 07, Garhi, Banswara.

12. Devilal S/o Devilal Ninama, Aged About 38 Years, Resident Of Ninama, Nai Abadi, Asoda, Banswara.

13. Yogesh S/o Ambalal Panchal, Aged About 37 Years, Resident Of Dahod Road Naka Khandu Colony, Sector-7, Bhawanpura, Banswara.

14. Saddam Hussain S/o Yasin Khan, Aged About 26 Years, Residentof Aathuna Mohalla, Pankha Road, Ward Number 04, Churu.

15. Jaysingh Rathore S/o Motisingh Rathore, Aged About 29 Years, Jivan Mata Mandir Ke Piche, Ward No. 22, Churu, Rajasthan.

16. Mohammad Aslam S/o Mohammad Hussain, Aged About 36 Years, Resident Of Samrat Hotel Ke Piche, Razak Kirana Store Ke Samane, Ward No. 39, Sujangarh, Churu.

17. Pratap Singh S/o Kalu Singh, Aged About 31 Years, Resident Of Malasi, Churu.

18. Vinod Tak S/o Jagdish Prasad, Aged About 37 Years, Resident Of Ward No. 08, Naliya Bass, Karni Mata Mandir

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Ke Pass, Sujangarh, Churu.

19. Pankaj Sharma S/o Shiv Kumar Sharma, Aged About 36 Years, Resident Of Ramgharia Dharmshala Ke Pass, Adarsh Colony, Bandia Bass, Ward 26, Sujangarh, Churu.

20. Bhuprendra Kumar Rathore S/o Mahesh Kumar Rathore, Aged About 45 Years, Resident Of Purana Police Station Ke Samne, Kalandri, Sirohi.

21. Vikram Singh S/o Jabbar Singh, Aged About 35 Years, Resident Of Rajputvas, Dhanta, Sirohi.

22. Manoj Kumar S/o Gulshan Bhatia, Aged About 38 Years, Resident Of House No. 73 B, Block B, Sri Ganganagar.

23. Kanwal Jaeet Begana S/o Kulvinder Nath Begana, Aged About 36 Years, Resident Of Ward No. 01, Kesrisinghpur, Sadhawali Kaat, 2 U, Ganganagar.

24. Jai Kishan Pal S/o Tota Ram, Aged About 39 Years, Resident Of 20 B B 1St, Ganganagar.

25. Tarachand S/o Harful Ram, Aged About 42 Years, Resident Of Ward No. 1 Gajsinghpur, Ganganagar.

26. Virendra Kumar S/o Ram Shankar, Aged About 36 Years, Resident Of Weyar House Ke Piche, Ward No. 17, Srikaranpur, Ganganagar.

27. Chander Singh S/o Mahaveer Singh, Aged About 34 Years, Resident Of 295, Pareek Colony, 16 Hmh, Hanumangarh.

28. Shekhar Limba S/o Rajendra Kumar, Aged About 34 Years, Resident Of Vpo 2 M Phusevala, Shrikranpura, Ganganagar.

29. Manmohan Singh S/o Munshi Singh, Aged About 34 Years, Resident Of Subhash Master Ki Gali, Sadulshahar.

30. Sudhir Yadav S/o Hari Ram Yadav, Aged About 34 Years, Resident Of 16 M I Dhani Khyaliwala, 11 Lnp Udyog Vihar, Ganganagar.

31. Sanjeev Kumar S/o Atiraj Singh, Aged About 29 Years, Resident Of Ward No. 23, Near Police Station, Agarwal Mohalla, Anupgarh, Ganganagar.

32. Ajeet Singh S/o Kishore Singh, Aged About 33 Years, Resident Of Ward No. 8, 4 J.s.d. Bugia,ganganagar.

33. Rajiv Kumar Verma S/o Late Shri Jagdish Ram Verma, Aged About 41 Years, Resident House No. 79, Agarsen Nagar, Sriganganagar.

34. Jaspal Singh S/o Narpat Singh, Aged About 35 Years, Resident Of Jagrati Chowk Nahar Ke Pas, Rebari Was, Sawroopganj, Bhavri, Sarupganj, Sirohi.

35. Naresh Gurjar S/o Devilal, Aged About 30 Years, Resident Of Bus Stand Ke Piche, Ajaypura, Sirohi Road, Pinwara, Sirohi.

36. Manoj Kumar S/o Gordhan Das Vaishnav, Aged About 42

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Years, Resident Of Pavilion Ke Piche Kalbi Vas, Reodar, Sirohi.

37. Pratap Ram S/o Talsaji, Aged About 41 Years, Resident Of Mewadiyo Ka Vas, Datani, Sirohi.

38. Dhiraj Kumar Sant S/o Lala Ram Sant, Aged About 29 Years, Resident Of Indra Colony, Revadar, Sirohi.

39. Dharmendra Pal S/o Ram Pal, Aged About 36 Years, Resident Of Dardul Sports School, Indra Colony, Bikaner.

40. Shamsher Ali S/o Mohammad Ali, Aged About 43 Years, Resident Of 1306, New Masjid Ke Pas, J.m. Buiders Indra Colony, Bikaner.

41. Shayam Sundar S/o Ramdewa Ram, Aged About 34 Years, Resident Of Mukta Prasad 8/410, Bikaner.

42. Hemant Gahlot S/o Jagdish Prasad, Aged About 28 Years, Resident Of Shiv Mandir Ke Pass, Ranisar Bas, Bikaner.

43. Doulat Kumar Sarswat S/o Dev Chand, Aged About 41 Years, Resident Of Khatri Bhawan Ke Pass, Chhabili Ghati Ke Niche, Bikaner.

44. Nathu Singh S/o Bajrang Singh, Aged About 34 Years, Resident Of Gali No. 18, Rampura Basti, Lalgarh, Bikaner.

45. Tarun Kumar Tanwar S/o Kishan Gopal Tanwar, Aged About 41 Years, Resident Of City Kotwali Ke Piche, Kumaharo Ka Chwok, Bikaner.

46. Kapindra Singh S/o Bajrang Singh, Aged About 39 Years, Resident Of House No. 12, Indralok Colony, Behind Rk Puram, Bikaner.

47. Dinesh Kumar Lakhara S/o Champalal Lakhara, Aged About 39 Years, Resident Of Durga Tent House, Himmatsar, Bikaner.

48. Surendra Singh S/o Moolchand, Aged About 37 Years, Resident Of Behind Govt. Press, Gali No. 4, Hanuman Hattha, Bikaner.

49. Vikram Singh Gahlot S/o Late Shri Rajendra Singh Gahlot, Aged About 30 Years, Residents Of Quarter No. F-1, Nala Power House, Ram Mandir Ke Pas, Banipark, Jaipur.

50. Gourav Kumar S/o Babusingh, Aged About 45 Years, Residents Of -3, Nala Power House Colony, Near Ram Mandir, Shastri Nagar, Jaipur.

51. Mahendra Kumar S/o Suray Prakash, Aged About 55 Years, Resident Of Agarwal Dharmshala Ke Pass, Aklera, Jhalawar.

52. Ajay Saxsena S/o Late Shri Vijay Kumar, Aged About 34 Years, Resident Of 112/405, Agarwal Farm, Mansarovar, Jaipur.

53. Pankaj Madhukar S/o Chandra Pal Madhukar, Aged About 35 Years, Resident Of 14/2830, Ghee Wala Ka Rasta, Jain Fagi Mandir, Chudi Walo Ka Mohalla, Jouhari Bazar, Jaipur.

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54. Devendra Singh S/o Shankar Singh, Aged About 54 Years, Resident Of 152, Choak Mohalla, Bachhamandi, Bharatpur.

55. Sanjay Soni S/o Chandra Prakash, Aged About 31 Years, Resident Of Aman Mohalla, Mandi Atal Band, Bharatpur.

56. Sanjay Khan S/o Nanne Khan, Aged About 34 Years, Resident Of Village Baghera, Post Noh, Bachhamdi, Bharatpur.

57. Mahavir Prasad S/o Sardar Singh, Aged About 54 Years, Resident Of Manjhi, Bharatpur.

58. Manish S/o Murarilal Saini, Aged About 28 Years, Resident Devi Taint House Gulgi Kund Baghel Mohalla, Bharatpur.

59. Jitendra Saini S/o Sohanlal Saini, Aged About 39 Years, Resident Of Gulalkund Colony, Village Bharatpur.

60. Bijendra Singh S/o Bhagwan Singh, Aged About 42 Years, Resident Of 151, Jatav Basti, Bahrabali, Pichuna, Bharatpur.

61. Lalit Kumar Sharma S/o Mohan Lal Sharma, Aged About 36 Years, Resident Of Cimmo Factory Ke Samane Shastri Nagar, Bharatpur.

62. Umesh Kumar S/o Raghuvir Singh, Aged About 32 Years, Resident Of Helak Gate, Mishra Mohlla, Kumher, Bharatpur.

63. Hariom S/o Jawala Prasad, Aged About 31 Years, Resident Of Rudiya Nagar, Ward No. 44, Bharatpur.

64. Subhash Singh S/o Hameer Singh, Aged About 39 Years, Resident Of Seehi, Bharatpur.

65. Rajesh Kumar S/o Atar Singh, Aged About 50 Years, Resident Of Jhaurol, Ishapur, Katara, Bharatpur.

66. Durgesh Saini S/o Bhoop Singh, Aged About 37 Years, Resident Of Shreenagar Rural, Bharatpur.

67. Virendra Kumar S/o Bhoop Singh, Aged About 39 Years, Resident Of Gram Malipura, Sewar, Bharatpur.

68. Balvir Singh S/o Mawasi Ram, Aged About 36 Years, Resident Of 98, Brahman Basti, Baharwali, Bareh Mafi, Bharatpur.

69. Madhav Sharma S/o Shriniwas Sharma, Aged About 43 Years, Resident Of Sahyog Nagar, Bharatpur.

70. Sobha Ram Meghwal S/o Late Udai Lal Meghwal, Aged About 43 Years, Resident Nadiya Kheri, Kanwara, Jhalawar.

71. Durgesh Kumar Bheel S/o Shankar Lal, Aged About 24 Years, Resident Of Village Dantya, Garwada, Tehsil Jhalarapatan District Jhalawar.

72. Vijendra Kumar S/o Pratap Singh, Aged About 39 Years, Resident Of Ward No. 1, Kumawas, Jhunjunun.

73. Bhanwar Singh S/o Om Singh, Aged About 46 Years,

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Resident Of Ward No. 7, Mandi Muknadgarh (Rural) Mukhundgarh, Jhunjhunun.

74. Mukesh Kumar S/o Pratap Singh, Aged About 36 Years, Resident Of Doomra, Jhunjhunun.

75. Vikas Kumar Nehra S/o Jai Singh, Aged About 25 Years, Resident Of Ward No. 11, Kaseru, Jhunjhunun.

76. Rahul Kulhari S/o Vijendra Kulhar, Aged About 33 Years, Resident Of Village Sangasi- Mandasi Jhunjhunun.

77. Jogendra S/o Rohtash, Aged About 30 Years, Resident Of Dhani Toda, Loharu, Bhiwani, Haryana.

78. Kapil Sain S/o Gopal Sain, Aged About 30 Years, Resident Of Ward No. 6, Padia School, Tehsil Chirawa, Pilani, Jhunjhunun.

79. Tinu Gopal Sharma S/o Surender Kumar Sharma, Aged About 29 Years, Resident Of Ward No. Near Saboo School, Pilani, Jhunjhunun.

80. Om Prakash Saini S/o Bholaram Saini, Aged About 38 Years, Resident Of Kua Jeenwala, Tehsil Udaipurwati, Mawta, Jhunjhunun.

81. Sambhulal Teli S/o Banshi Lal Teli, Aged About 46 Years, Resident Of Hanuman Mandir Ke Pas, Ajoliya Ka Khera, Putholi, Chittorgarh.

82. Kanwar Singh S/o Thana Ram, Aged About 43 Years, Resident Of Ajmer Vidhut Vitran Nigam Ltd, Begun, Chittorgarh.

83. Bhupendra Singh Chundawat S/o Jalam Singh Chundawat, Aged About 39 Years, Resident Of Part 4, Bavadi Ke Paas, Darjiyo Ki Gali Bassi, Chittorgarh, Bassi.

84. Radheshyam Teli S/o Gerulal Teli, Aged About 47 Years, Resident Of 18, Hotel Chankya Ke Piche, Nagar Palika Colony, Basant Nagar, Chittorgarh.

85. Gajendra Singh Shekhawat S/o Jagdish Singh Shekhawat, Aged About 36 Years, Resident Of O.t.g. 11, R.p.s. Colony, Police Station Ke Pass, Rawatbhata, Chittaurgarh.

86. Deepesh Sharma S/o Mahaveer Prasad, Aged About 29 Years, Resident Of Chhipo Ka Mohalla, Ward No. 7, Sangod, Kota.

87. Shivlal S/o Narayanlal, Aged About 32 Years, Resident Of 5, Rashmi Chittorgarh.

88. Laxman Ram S/o Kundan Mal Kumawat, Aged About 36 Years, Resident Of Bhato Ka Bas, Kuchaman City, Nagour.

89. Mohd. Aslam Khan S/o Jalu Khan, Aged About 35 Years, Resident Of Ward No. 6, Kayam Nagar, Gali No. 3, Didwana, Nagaur.

90. Tapendra Singh Rathore S/o Jagdish Singh, Aged About 30 Years, Resident Of Ward No. 9, Khatoo Kalan Nagaur.

91. Ramdev Ram Panwar S/o Teja Ram, Aged About 25 Years,

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Resident Of Kudi, Nagaur.

92. Chetan Dukiya S/o Pitha Ram, Aged About 26 Years, Resident Of Singhana, Didwana, Nagaur.

93. Amit Soni S/o Gm Prakash Soni, Aged About 42 Years, Resident Of Station Road, Raghubabu Ka Bangala, Didwana, Nagaur.

94. Hitesh Sharma S/o Ramswaroop Sharma, Aged About 37 Years, Resident Of Ward No. 4, Parbatsar, Nagaur.

95. Vivek Kathoda S/o Jogeshwar, Aged About 40 Years, Resident Of Khadi Bhandar Ke Piche, New Colony, Kuchaman City, Nagaur.

96. Rajesh Kumar Meena S/o Hajari Lal Meena, Aged About 45 Years, Resident Of Ward No. 6, Indra Colony, Bijali Power House Ke Pas, Rawatbhata, Chhitorgarh.

97. Jaswant Kumar S/o Bherulal, Aged About 39 Years, Resident Of Ntg-07, Bala Ram Chora, Rps Colony, Rawatbhata, Bhabhanagar, Chittorgarh.

98. Raghu Nath Singh S/o Sharwan Singh, Aged About 27 Years, Resident Of Midkiya, Jusari, Makrana, Nagaur.

----Petitioners Versus

1. 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.

5. The Jaipur Vidyut Vitaran Nigam Limited, Through The Managing Director, Vidyut Bhawan, Jaipur.

----Respondents

For Petitioner(s) : Dr. Kshamendra Mathur

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 12/10/2023

Heard learned counsel for the petitioners.

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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:-

"(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."

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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

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.