Mahendra Singh vs Jodhpur Vidhyut Vitaran Nigam ...
2023 Latest Caselaw 8843 Raj

Citation : 2023 Latest Caselaw 8843 Raj
Judgement Date : 30 October, 2023

Rajasthan High Court - Jodhpur

Mahendra Singh vs Jodhpur Vidhyut Vitaran Nigam ... on 30 October, 2023

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:36768]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16932/2023

Mahendra Singh S/o Late Anar Singh Chouhan, Aged About 48 Years, Near Old Power House, Village Sanchore, Tehsil And District Sanchore.

----Petitioner Versus

1. Jodhpur Vidhyut Vitaran Nigam Ltd., New Power House Road, Jodhpur.

2. The Superintending Engineer (O And M), Jodhpur Vidyut Vitaran Nigam Ltd. National Highway No.68, Barmer Road, Sanchore, District Sanchore.

3. Assistant Engineer (O And M), Jodhpur Vidyut Vitaran Nigam Ltd. National Highway No.68, Barmer Road, Sanchore, District Sanchore.

----Respondents

For Petitioner(s) : Mr. Rakesh Arora a/w Mr. Naresh Singh.

For Respondent(s) :

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

30/10/2023

1. Heard learned counsel for the petitioner.

2. Learned counsel for the petitioner 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

[2023:RJ-JD:36768] (2 of 3) [CW-16932/2023]

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."

3. 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.

4. In these circumstances, learned counsel for the petitioner,

without joining the issues on merits, submits that petitioner may

be permitted to file a representation to the respondents for

redressal of his grievances in light of the judgment rendered in the

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

[2023:RJ-JD:36768] (3 of 3) [CW-16932/2023]

5. Considering the limited prayer of the petitioner, the present