Rajasthan High Court
Krishan Kumar S/O Shri Phool Chand vs State Of Rajasthan (2024:Rj-Jp:5989) on 5 February, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:5989]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17731/2023
1. Krishan Kumar S/o Shri Phool Chand, Aged About 32
Years, Ward No-1, Bhanpura, Pujari Ki Dhani ,
Parasrampura, Birol, Jhunjhunu, Rajasthan-333042.
2. Mansingh S/o Shri Karan Singh, Aged About 46 Years,
Fatehsara, Jhunjhunu, Rajasthan-333001.
3. Rajkumar Meena S/o Shri Ramblabh Meena, Aged About
33 Years, Nawalri, Jhunjhunu, Rajasthan-333042.
4. Rajesh Kumar S/o Shri Banwari Lal, Aged About 28 Years,
Road No.2 , Ward No.3, Surajgarh (Rural) Surajgarh,
Jhunjhunu, Rajasthan-333029.
5. Sanjay Kumar Fogat S/o Shri Thawarmal Fogat, Aged
About 30 Years, Ward No. 1, Kasimpura, Jhunjhunu,
Rajasthan-333029.
6. Sandeep S/o Shri Ram Niwas, Aged About 34 Years,
Samaspur Jhunghunu, Rajasthan-333701.
7. Mukesh Kumar S/o Shri Bhagwana Ram, Aged About 38
Years, Samaspur Jhungjhunu,rajasthan-333701.
8. Mukesh Kumar S/o Shri Ramniwas, Aged About 35 Years,
Ward No. 5, Jhadhewa, Sikar, Rajasthan-3323316.
9. Subhash Chandra S/o Shri Megha Ram, Aged About 34
Years, Thori , Seva Nagar Khiror, Jhunjhunu, Rajasthan-
333042.
10. Ashu Singh S/o Shri Devi Singh, Aged About 49 Years,
Ward No. 23, Charan Ki Dhani, Jhunghunu, Rajasthan-
333308.
11. Kesar Dev S/o Shri Ranjeet Singh, Aged About 41 Years,
Ward No. 13, Nahar Singhani, Jhunghunu, Rajasthan-
333705.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Energy , Secretariat, Jaipur.
2. Ajmer Vidyut Vitaran Nigam Ltd., Through Its Managing
Director, Vidyut Bhawan , Jaipur.
----Respondents
[2024:RJ-JP:5989] (2 of 3) [CW-17731/2023]
For Petitioner(s) : Mr. Punit Singhvi
HON'BLE MR. JUSTICE SAMEER JAIN
Order
05/02/2024
1. By way of present petition, the petitioners are seeking
appointment on the post of LDC from the initial date of
appointment with all consequential benefits.
2. Learned counsel for the petitioners submits that the relief as
claimed for in the present writ petition has already been awarded
to similarly situated persons vide order dated 26.04.2023 in S.B.
Civil Writ Petition No. 4176/1998 titled as Ashish Arora vs.
Rajasthan State Electricity Board, wherein the impugned order
dated 17.10.1996, which discriminated amongst candidates based
on gender, was set aside. Therefore on the strength of the said
judgment the petitioners are praying for similar relief as was
granted to the petitioners in Ashish Arora (supra). It is
submitted that as per settled position of law, when an order is
quashed as being unconstitutional, it would be akin to the said
being void ab initio.
3. Heard and considered.
4. At the outset, it is required to be noted the petitioners have
filed the present writ petition after a delay of about 28 years, only
on the strength of the judgment of Co-ordinate Bench of this
Court in Ashish Arora (supra).
5. However, the Co-ordinate Bench had clearly cautioned that
the setting aside of impugned order dated 17.10.1996 would not
give rise to cause of action to any candidates in future and the
[2024:RJ-JP:5989] (3 of 3) [CW-17731/2023]
benefit was only limited to those cases which were pending before
the Court on the date of judgment. The relevant portion of Ashish
Arora (supra) is reproduced as under:
"20. 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."
6. This Court in bound by the dictum of Co-ordinate Bench.
Since the claim of the petitioner is clearly against the above
quoted portion of the Co-ordinate Bench judgment, this Court
can't interfere and the grievance of the petitioner can only be
raised before the Division Bench.
7. The petitioners are therefore granted liberty to raise their
grievance before the Division Bench, if so advised.
8. Accordingly, the present petition stands disposed of. Pending
application(s), if any, shall stand disposed of.
(SAMEER JAIN),J
Pooja /20
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