Ajay Singh Solanki vs State Of Rajasthan ...
2023 Latest Caselaw 8418 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16114/2023

1. Ajay Singh Solanki S/o Udai Singh, Aged About 43 Years, R/o Bajarang Colony, Gol Nadi, Ummaid Chowk, Jodhpur.

2. Ramizuddin Khan S/o Moinuddin Khan, Aged About 39 Years, R/o 251/83, Baanad Road, Ekta Nagar, Nandri, Jodhpur.

3. Pradeep Choudhary S/o Doula Ram, Aged About 39 Years, R/o Plot No. 49 Gali No. 2, Kailash Nagar, Airforce Road, Ratanada, Jodhpur.

4. Yogesh Kumar Joshi S/o Bhanwarlal Joshi, Aged About 38 Years, R/o 2-Cc-52, Chopasani Housing Board, Jodhpur.

5. Mahendra Singh Rathore S/o Tulasi Ram Rathore, Aged About 38 Years, R/o Parihar Nagar, Ward No. 61, Bhadwasiya, Jodhpur.

6. Sri Ram S/o Manohar Ram, Aged About 27 Years, R/o Udaniyon Ki Dhani, Sanvarij, Jodhpur.

7. Badan Singh S/o Jasvant Singh, Aged About 32 Years, R/o C/o Beenjwariya Choraha, Bera Hari Sagar, Bilara, Jodhpur.

8. Babulal Saini S/o Mali Ram Saini, Aged About 37 Years, R/o C/o 31-D Jawahar Colony, Residency Road, Jodhpur.

9. Virendra Kumar Saini S/o Natthu Ram Saini, Aged About 37 Years, R/o C/o 30, Gurjaro Ka Mohalla, Behind Dev Narayan Mandir Jodhpur.

----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

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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

12/10/2023 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:-

"(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

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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

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 308-Vivek/-

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