Rajasthan High Court

Raj Kumar Kundara S/O Shri Gordhan Lal vs State Of Rajasthan (2024:Rj-Jp:6150) on 6 February, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:6150]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 18608/2023

1.       Chetan Singh S/o Shri Ladu Singh, Aged About 41 Years,
         R/o Jeewana, Ajmer, Rajasthan - 305901.
2.       Lekhraj Bakoliya S/o Shri Bansi Lal, Aged About 45 Years,
         R/o 5, Laxmi Nagar Colony, Narsinghpura, Ajmer Road,
         Beawar, Ajmer, Rajasthan - 305901.
                                                                       ----Petitioners
                                        Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Department Of Energy, Secretariat, Jaipur.
2.       Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Through Its
         Managing Director, Vidyut Bhawan, Jaipur.
                                                                     ----Respondents

Connected With S.B. Civil Writ Petition No. 16617/2023

1. Pradeep Kumar Bhagat Son Of Shri Chhitar Mal Bhagat, Aged About 42 Years, Resident Of 43, Raghunathpuri, Sanganer, Jaipur.

2. Manish Kumar Soni Son Of Shri Jagdish Verma, Aged About 45 Years, Resident Of 32/84, Sector-3, Pratap Nagar, Sanganer, Jaipur (Raj.).

3. Shankar Son Of Shri S.c. China Tambi, Aged About 45 Years, Resident Of F-29, Rps Colony Gumanpura, Kota (Raj.).

4. Nikhil Tiwari Son Of Shri Shiv Shankar Tiwari, Aged About 43 Years, Resident Of 3475, Shiv Sadan, Nahargarh Road, Chandpole Bazar, Jaipur (Raj.).

5. Nand Kishore Yogi Son Of Shri Durga Sahai Yogi, Aged About 47 Years, Resident Of Malion Ka Mohalla, Gangori Chabutare Ke Piche Samod, Tehsil Chomu, District Jaipur (Raj.).

6. Devendra Trivedi Son Of Shri Madan Gopal Trivedi, Aged About 43 Years, Resident Of 5/118, Gulabi Nagar, Susheelpura, Ajmer Road, Sodala, Jaipur (Raj.).

7. Sudhir Agrawal Son Of Shri Gopal Krishn Agrawal, Aged About 45 Years, Resident Of 8A Uma Path, Ramnagar,

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Sodala, Jaipur.

8. Dula Ram Prajapati Son Of Shri Sitaramji, Aged About 55 Years, Resident Of 166, Parivahan Nagar, Jaipur (Raj.).

9. Gokul Narayan Pareek Son Of Shri Sitaramji Pareek, Aged About 44 Years, Resident Of Viollage Lali Tehsil Jamwarangarh, Jaipur (Raj.)

10. Suresh Kumar Saini Son Of Shri Narayan Lal Ji, Aged About 44 Years, Resident Of Pal Ki Dhani Mahar Kalan, Samod Tehsil Chomu, District Jaipur.

11. Mukesh Choudhry Son Of Shri Kana Ram, Aged About 41 Years, Resident Of Ward No.10, Mokhampura Jeevliya Ka Bas, Jaipur (Raj.)

12. Hanuman Lal Kumhar Son Of Shri Radhaballabh Kumhar, Aged About 41 Years, Resident Of Kot Jewar Post Gadota, Tehsil Bagru, Jaipur (Raj.).

13. Vinod Kumar Mishra Son Of Shri Kedar Mal Mishra, Aged About 43 Years, Resident Of 74, Shri Ram Nagar Road No.2, Murlipura, Jaipur.

14. Ram Avatar Sharma S/o Shri Hanuman Sahai Sharma, Aged About 45 Years, Near Laxmi Nath Ji Temple, Maliyo Ka Mohalla, Niwai, Tonk.

15. Mukesh Kumar S/o Shri Ram Pratap Bairwa, Aged About 46 Years, R/o Royal City, Devpura, Bundi.

16. Dinesh Chandra Sharma S/o Shri Manmohan Sharma, Aged About 45 Years, R/o Bagada Colony, Bayana, Bharatpur.

17. Shankar Lal Saini S/o Ram Avatar Saini, Aged About 46 Years, R/o Ganpati Vihar, Telco Circle, Alwar.

18. Laxman Singh S/o Harsahai Singh, Aged About 40 Years, R/o Gurjar Chowk, Locker Paisa, Didawali, Bharatpur.

19. Devi Singh S/o Chirmoli, R/o Bahtana, Tehsil-Deeg, Bharatpur.

20. Subhash Chand Meena S.o Shimbhu Dayal Meena, Aged About 45 Years, R/o Meeno Ka Mohalla, Tehsil-Bansur, Alwar.

21. Vinay Kumar S/o Jeevan Singh, Aged About 43 Years, Shiv Nagar Colony, Near Circular Road, Bharatpur

22. Gunjan Kumar Sharma S/o Late Shri Naresh Kumar

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Sharma, Aged About 41 Years, R/o 151 Vimal Kunj, Colony, Bharatpur.

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Jaipur.

2. Jaipur Vidyut Vitaran Nigam Ltd., Through Its Managing Director, Vidyut Bhawan, Jaipur.

----Respondents S.B. Civil Writ Petition No. 17720/2023 Yogendra Singh S/o Shri Indra Singh, Aged About 31 Years, R/o 1/157, Sfs Agarwal Farm, Near Icg College, Mansarovar, Jaipur.

----Petitioner 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 S.B. Civil Writ Petition No. 18196/2023

1. Bhupendra Singh Yadav Son Of Sheri Dayaram Yadav, Aged About 39 Years, Resident Of Village Kundan Singhpura (Asharam Ki Dhani), Post Rodwal, Tehsil Neemrana , District Alwar (Raj).

2. Om Prakash Kantiwal Son Of Late Sheri Pralad Singh Kantiwal, Aged About 37 Years, Resident Of Near Chogata, Ranglal Colony, Ward No. 31, Behror, District Alwar(Raj).

3. Manoj Kumar Son Of Shri Lalchand, Aged About 40 Years, Resident Of Village Chowandi, Tehsil Neemrana, District Alwar (Raj).

4. Vijay Singh Son Of Sheri Ram Kishan, Aged About 43 Years, Resident Of Majdi Kalan, Tehsil Neemrana, District Alwar(Raj).

5. Shivkumar Son Of Sheri Hari Singh, Aged About 34 Years, Resident Of Village Chavandi, Tehsil Neemrana, District Alwar(Raj).

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6. Satish Kumar Son Of Late Sheri Lalaram Yadav, Aged About 35 Years, Resident Of Kankar Doya, Tehsil Behror, District Alwar (Raj).

7. Rahul Sharma Son Of Sheri Ashok Kumar Sharma, Aged About 25 Years, Resident Of Sirod Khurd, Tehsil Mundawar, District Alwar (Raj).

8. Deshraj Singh Son Of Sheri Sarjeet Singh, Aged About 42 Years, Resident Of V.p.o Dawadawas, Tehsil Neemrana, District Alwar (Raj).

9. Ved Prakash Nayak S/o Late Shri Chagan Lal Nayak, Aged About 45 Years, R/o Nayoko Ka Mohalla, Vpo - Bansur, District -Alwar.

10. Devendra Kumar Sharma S/o Shri Kailash Chand Sharma, Aged About 37 Years, Village And Post Lekadi, Tehsil Bansur District-Alwar,

11. Ganesh Chandra Yogi S/o Kailash Chandra Yogi, Aged About 45 Years, R/o Thacheliyo Ka Mohalla, Tehsil - Bansur, District -Alwar.

12. Hemchand Lohar S/o Shri Gyarsi Lal Lohar, Aged About 43 Years, R/o Near Munsif Court, Tehsil Bansur, District- Alwar.

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Jaipur.

2. Jaipur Vidyut Vitaran Nigam Ltd., Through Its Managing Director, Vidyut Bhawan, Jaipur.

----Respondents S.B. Civil Writ Petition No. 18242/2023

1. Suresh Kumar Sharma S/o Shri Shyam Sunder Sharma, Aged About 37 Years, Khajpur, Purana, Jhunjhunu , Rajasthan-333024

2. Dwarka Prasad S/o Shri Laxman Ram Darji, Aged About 44 Years, Village And Post Loyal, Tehsil-Khetri, District- Jhunjhunu, Rajasthan-333024

3. Rajesh Kumar S/o Shri Maniram Jangid, Aged About 32 Years, R/o Village And Post Chitausa, Tehsil-Buhana, Jhunjhunun Rajasthan-333516

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4. Anand Singh Tanwar S/o Shri Mahaveer Singh Tanwar, Aged About 38 Years, R/o Village And Post- Panthariya, Tehsil-Sooratgarh, Jhunjhunun Rajasthan-333031

5. Manoj Singh S/o Shri Ratan Singh, Aged About 35 Years, Ward N. 13, Kali Pahari Via Bagad, Jhunjhunu, Rajasthan- 333024

6. Nemichand S/o Shri Badri Prasad Saini, Aged About 36 Years, Ward No 07, Fulerav Nagar, Nawalgarh, Jhunjhunu, Rajasthan-333042

----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 S.B. Civil Writ Petition No. 18536/2023

1. Rajendra Prasad Basethia S/o Late Shri Ram Chandra, Aged About 46 Years, R/o Raigaro Ka Mohalla, V.p.o. Dhankiya, Jaipur, Rajasthan - 302012.

2. Rajendra Kumar Meena S/o Late Shri Gopal Lal Meena, Aged About 47 Years, R/o D - 120 Meena Colony, Hasanpura - A, Jaipur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Jaipur.

2. Jaipur Vidyut Vitaran Nigam Ltd., Through Its Managing Director, Vidyut Bhawan, Jaipur.

----Respondents S.B. Civil Writ Petition No. 18543/2023

1. Naved Akhtar Bhati S/o Shri Ansar Husain Bhati, Aged About 37 Years, Village- Makan No. 266 Reeta Silai Machine K Pass Ladpura, Kota, Rajasthan 324006

2. Abdul Raza S/o Shri Abdul Rauf, Aged About 34 Years, Chandapir Ki Gali Ward No-20, Bundi, Bundi- Rajasthan 323001

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3. Sanjay Kumar Nagar S/o Shri Chaturbhuj Nagar, Aged About 47 Years, D-60, Thermal Colony, Sakatpura,girdharpura, Kota- Rajasthan- 324008

4. Rajkumar S/o Shri Prem Singh, Aged About 44 Years, Bchhamandi, Bharatpur- Rajasthan- 321001

5. Manish Meena S/o Shri Babu Lal, Aged About 25 Years, Dr. R.p. Sharma Ke Pass Sakatpura, Girdharpura, Kota, Rajasthan- 324008

6. Sukhram Singh S/o Shri Hakim Singh, Aged About 53 Years, Flat No.- 102 Shri Radhika Housing Society, Mohan Lal Sukhadiya Yojna Near Dispensary, Nanta, Dohnya, Kota, Rajasthan- 324008

7. Suresh Chand S/o Shri Tej Singh, Aged About 36 Years, Chhapar Mohalla, Kumher, Bharatpur, Rajasthan- 321201

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Jaipur.

2. Jaipur Vidyut Vitaran Nigam Ltd., Through Its Managing Director, Vidyut Bhawan, Jaipur.

----Respondents S.B. Civil Writ Petition No. 18573/2023

1. Ranveer Singh S/o Shri Jai Narayan, Aged About 34 Years, R/o Vpo Jherli, District Jhunjhunu, Rajasthan- 333031

2. Harnath Singh S/o Shri Buddh Raj, Aged About 27 Years, R/o Ward No. 10, Trilokpura, Sikar, Rajasthan-332403.

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Jaipur.

2. Ajmer Vidyut Vitran Nigam Ltd., Through Its Managing Director, Vidyut Bhawan, Jaipur.

----Respondents S.B. Civil Writ Petition No. 18577/2023 Anuj Sharma S/o Late Shri Jagannath Prasad Sharma, Aged About 27 Years, R/o Mahadev Gali, Gadarpura, District Dholpur

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(Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Jaipur.

2. Jaipur Vidyut Vitran Nigam Ltd., Through Its Managing Director, Vidyut Bhawan, Jaipur.

----Respondents S.B. Civil Writ Petition No. 18603/2023

1. Yogesh Kumar Gothwal S/o Late Shri Babu Lal Bunkar, Aged About 39 Years, R/o 6 - K - 31, Patel Nagar, Bhilwara, Rajasthan - 311001.

2. Dinesh Singh Bisht S/o Shri Belam Singh Bisht, Aged About 34 Years, R/o Quarter No. R5/9, Aen 132 Kv Gss Colony, Banar Road Ajmer Line, Jodhpur, Rajasthan - 342006.

3. Sher Singh S/o Shri Madan Singh, Aged About 32 Years, R/o 17 A, Behind Senapati Bhawan, Ratanada, Jodhpur, Rajasthan - 342001.

4. Giriraj Ojha S/o Shri Shankar Lal Ojha, Aged About 43 Years, R/o Near Dhadha Ka Chowk, Bagri Chowk, Bikaner, Rajasthan - 334001.

5. Dinesh Bishnoi S/o Shri Bhiya Ram, Aged About 32 Years, R/o 2/1333, Kbhb, Jodhpur, Rajasthan - 342005.

6. Yogesh Joshi S/o Shri Mahendra Kumar Joshi, Aged About 35 Years, R/o Jagdish Mandir Ke Pass, Sonaron Ki Ghati, Jodhpur, Rajasthan - 342001.

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Jaipur.

2. Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Through Its Managing Director, Vidyut Bhawan, Jaipur.

----Respondents S.B. Civil Writ Petition No. 18612/2023 Lucky Kumar Sharma S/o Shri Goutam Prasad Sharma, Aged About 23 Years, R/o Brahamano Ka Mohalla, Bamangaon, Bundi,

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Rajasthan - 323801.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Jaipur.

2. Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Through Its Managing Director, Vidyut Bhawan, Jaipur.

----Respondents S.B. Civil Writ Petition No. 18675/2023

1. Raj Kumar Kundara S/o Shri Gordhan Lal, Aged About 46 Years, 103/12, Pratap Nagar, Sec-10, Sanganer, Pratap Nagar Sector 11, Jaipur, Rajasthan 302033

2. Ramesh Chandra Meghwal S/o Shri Pura Lal Meghwal, Aged About 55 Years, Sarkari School Ke Piche New Abadi, Ward No.-5, Narayan Khera Jhalawar Rajasthan 326502

3. Radheshyam Verma S/o Shri Dvarka Lal, Aged About 44 Years, Power House Ke Pass, Sarola Kalan, Jhalawar, Sarola Rajasthan-326035

4. Nandkishor Luhar S/o Shri Ramgopal Luhar, Aged About 45 Years, Salotiya Road, Ward No.-1, Sunel, Jhalawar, Rajasthan - 326513

5. Omprakash Soni S/o Shri Kanhaiya Lal, Aged About 34 Years, Devra Gli Ward No.-6, Sunel, Jhalawar, Rajasthan - 326513

6. Dilip Kumar Kumawat S/o Shri Chhitar Mal Kumawat, Aged About 40 Years, Kangaron Ka Mohalla, Achrol, Jaipur Achrol, Rajasthan - 303002

7. Pradeep Kumar S/o Shri Kanhaiaya Lal, Aged About 30 Years, Sanjay Colony Ward No.-1, Jhalawar, Rajasthan - 326001

8. Girish Chandra Tiwari S/o Shri Shambhu Dayal Tiwari, Aged About 46 Years, Bhilwara, Jhalawar, Rajasthan- 32501

9. Omprakash Gurjar S/o Shri Babu Lal Gurjar, Aged About 37 Years, Dhani Patwari Wali, Neem Ka Thana Road, Shahpura, Shahpura, Jaipur, Rajasthan 303103

10. Pradeep Lovevanshi S/o Shri Prabhu Lal, Aged About 35 Years, Purana Bhopal Road Ghatoli, Jhalawar, Rajasthan,

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326039

11. Santosh Kumar Soni S/o Shri Bangali Ram Soni, Aged About 44 Years, Oo Misur Mohalla Purani Post- Office Saipau, Dholpur, Rajasthan -328027

12. Ravi Kumar S/o Shri Bangali, Aged About 34 Years, Balmiki Basti, Talaiya Mohalla, Dhaulpur, Dholpur, Rajasthan, 328001

13. Hemant Ram Bhardwal S/o Shri Mohan Lal Sharma, Aged About 29 Years, Janakpuri Colony, Railway Station Road, Bassi, Jaipur, Rajasthan 303301

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Jaipur.

2. Jaipur Vidyut Vitaran Nigam Ltd., Through Its Managing Director, Vidyut Bhawan, Jaipur.

                                                                  ----Respondents


For Petitioner(s)            :    Mr. Punit Singhvi
For Respondent(s)            :



                HON'BLE MR. JUSTICE SAMEER JAIN

                                      Order

06/02/2024

1. By way of present petitions, 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 petitions 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

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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 petitions 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

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 petitioners is clearly against the above

quoted portion of the Co-ordinate Bench judgment, this Court

can't interfere and the grievance of the petitioners can only be

raised before the Division Bench.

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7. The petitioners are therefore granted liberty to raise their

grievance before the Division Bench, if so advised.

8. Accordingly, the present petitions stand disposed of. Pending

application(s), if any, shall stand disposed of.

(SAMEER JAIN),J

ANIL SHARMA /531-542