Rajasthan High Court - Jodhpur
Ashok Bishnoi vs State Of Rajasthan (2024:Rj-Jd:37009) on 6 September, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:37009]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11544/2023
1. Ashok Bishnoi S/o Shri Rajkumar, Aged About 33 Years,
R/o Ward No. 3, Jambeshwar Chowk Nokha Mandi,
District Bikaner.
2. Pradeep Kumar Bithu S/o Shri Mahip Kumar, Aged About
31 Years, R/o Naganiyo Ka Mohalla, Sinthal, Tehsil And
District Bikaner.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Rural Development And Panchayati Raj., Government
Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Bikaner.
3. Vikas Adhikari, Panchayat Samiti Panchu, District Bikaner.
----Respondents
For Petitioner(s) : Mr. Deepak Pareek.
For Respondent(s) : Ms. Neelam Sharma, AGC.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/09/2024
1. Learned counsel for the petitioners submits that the issue
involved in the present writ petition is squarely covered in
petitioners' favour by the judgment dated 04.04.2019, passed by
this Court in Mohhamad Umer Rangrej Vs. State of Raj. &
Ors. S.B. Civil Writ Petition No.10333/2017.
2. Ms. Neelam Sharma, learned Additional Government Counsel
for the respondents is not in a position to dispute the aforesaid
position of facts and law.
[2024:RJ-JD:37009] (2 of 3) [CW-11544/2023]
3. In Mohhamad Umer Rangrej's case, this Court has held as
under:-
"I have considered the submissions made by learned
counsel for the parties and perused the material
available on record.
A perusal of the order of appointment dated
17.06.2011 and 12.07.2011 indicate that a specific
stipulation has been made in the order requiring the
petitioners to obtain computer efficiency
certificate and the order nowhere requires the
petitioners to pass requisite type test.
Based on the said stipulation, once the petitioners
have complied with the requirements and produced the
requisite certificates within the time granted, after 05
years the respondents cannot require the petitioners to
obtain a different qualification i.e. of having passed the
type test.
Besides the fact that no stipulation has been
indicated in the order of appointment, it is not the case
of the respondents that the respondent department at
any point of time held any type test where the
petitioners failed to appear and/ or could not clear the
same. Once, the respondents themselves have failed
to hold any kind of type test, action of the respondents
requiring the petitioners to obtain the requisite
qualification cannot be sustained.
Further, the amendment made in the Rules
requiring the candidates to have computer efficiency
certificate is reflective of the changing times, as there
is hardly any department where
typewriters are in use and/ or available for being used
and, therefore, on that count also requirement now
sought to be implemented/imposed after not indicating
the same in the order of appointment, cannot be
sustained.
In view of the above discussion, the writ petitions
filed by the petitioners are allowed. The action of the
respondents in denying annual grade increments to the
petitioners and/or not
considering them for promotion, if, otherwise eligible,
cannot be sustained and therefore set aside.
The petitioners would be entitled to grant of annual
grade increments from the date they were entitled to
the same and arrears in this regard would be paid to
them. Further, in case the petitioners are eligible for
promotion/were eligible for promotion, their cases
would also considered in this regard.
[2024:RJ-JD:37009] (3 of 3) [CW-11544/2023]
The needful be done by the respondents within a
period of four weeks."
4. In view of the assertion made by learned counsel for the
petitioners, the present writ petition is allowed in terms of
Mohhamad Umer Rangrej (supra) and the petitioners are also held
entitled for grant of annual grade increment from the date they
were entitled for the same (ignoring the requirement of clearing
Type Test). Arrears be paid within a period of eight weeks from
today and in case the petitioners are eligible for promotion, their
case be considered, in accordance with law.
5. Stay petition also stands disposed of accordingly.
6. The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the
petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J
503-Shahenshah/-
Powered by TCPDF (www.tcpdf.org)
