Citation : 2023 Latest Caselaw 6843 Raj
Judgement Date : 5 September, 2023
[2023:RJ-JD:28096]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9026/2023
1. Rupal Yadav D/o Brijendra Singh Yadav, Aged About 25 Years, R/o Near Sbbj Bank, Udairamsar, Bikaner Currently Posted At Office Of The Aen, Phed, Sub-Div Nachna Ii, Jaisalmer.
2. Tikamchand Kumawat S/o Badriprasad, Aged About 30 Years, R/o Ward No. 7, Dantaramgarh, Manda Currently Posted At Office Of Aen, Phed Sub- Div. Neem Ka Thana.
3. Devkaran Kala S/o Hari Kishan, Aged About 30 Years, R/o Dhani Neema, Churu, Currently Posted At Office Of The Aen, Phed Sub- Div Fatehpur, Sikar.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Public Health And Engineering Department, Jal Bhawan, Civil Lines, Jaipur.
----Respondents Connected With S.B. Civil Writ Petition No. 8998/2023 Swaroop Singh S/o Babu Singh, Aged About 28 Years, R/o Mahabar Pital, Barmer, Currently Posted At Office Of The Aen, Phed, Sub Div Production (Bhadka Ii).
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Public Health And Engineering Department, Jal Bhawan, Civil Lines, Jaipur.
----Respondents
For Petitioner(s) : Mr. Shridhar Mehta. For Respondent(s) : Mr. Pankaj Sharma, AAG
[2023:RJ-JD:28096] (2 of 3) [CW-9026/2023]
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
05/09/2023
1. It is submitted by learned counsel for the petitioners that the
issue raised in the present writ petitions is squarely covered by
judgment of this Court in Vimla Devi Saini v. State of Rajasthan &
Ors.: S.B. Civil Writ Petition No.7330/2016, decided on
20.11.2017 by a Coordinate Bench of this Court (Bench at Jaipur),
wherein, the writ petition filed by the petitioner was disposed of in
terms of order in the case of Charu Joshi v. State of Rajasthan &
Ors.: S.B. Civil Writ Petition No.419/2015, decided on 22.1.2016.
2. Against the judgment in the case of Vimla Devi Saini (supra),
appeal filed by the State being D.B. Civil Special Appeal (Writ)
No.877/2019 has also been dismissed by the Division Bench on
30.9.2019.
3. Further, in the case of Mahendra v. State of Rajasthan &
Ors.: S.B. Civil Writ Petition No.4689/2020, decided on 11.6.2020,
following the order in the case of Vimla Devi Saini (supra), relief
has been granted to the petitioners therein.
3. In the case of Vimla Devi Saini (supra), it was inter alia
directed by this Court as under:-
"10. In view of the above, the above noted writ petition is allowed with the direction to the respondent to consider the case of the petitioner for transfer in the quota of direct recruitment of Junior Engineer (Degree Holder) by way of transfer in case there is a vacancy and to compute his seniority according to the Rules."
4. Learned counsel appearing for the respondents do not
dispute that the issue raised in the present writ petitions is
[2023:RJ-JD:28096] (3 of 3) [CW-9026/2023]
squarely covered by judgment in the case of Vimla Devi Saini
(supra).
5. In view of the submissions made, the writ petitions filed by
the petitioners are allowed in light of and with similar directions as
given in the case of Vimla Devi Saini (supra).
(ARUN BHANSALI),J 139&140-Rmathur/-
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