Manju Swarnkar vs State Of Rajasthan (2025:Rj-Jd:3371)
2025 Latest Caselaw 4846 Raj

Rajasthan High Court - Jodhpur

Manju Swarnkar vs State Of Rajasthan (2025:Rj-Jd:3371) on 17 January, 2025

[2025:RJ-JD:3371]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 4893/2023

Manju Swarnkar D/o Shri Shyamlal Swarnkar, Aged About 39
Years, R/o Soni Mohalla, Pithas, Mandal, Bhilwara, Rajasthan.
                                                                         ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through The Principal Secretary,
         Department Of Rural Development And Panchayati Raj
         (Panchayati      Raj),      Government            Of       Rajasthan,   Jaipur,
         Rajasthan.
2.       Deputy       Secretary,      Administrative            Reforms     (Group-3)
         Department,          Government              Of        Rajasthan,       Jaipur,
         Rajasthan.
3.       Additional      Commissioner             And       Joint       Administrative
         Secretary (First), Department Of Rural Development And
         Panchayati       Raj,     Government            Of      Rajasthan,      Jaipur,
         Rajasthan.
4.       The Chief Executive Officer, Zila Parishad Chittorgarh,
         Rajasthan.
                                                                      ----Respondents


For Petitioner(s)            :     Mr. Manoj Kumar Pareek.
For Respondent(s)            :     Mr. Pawan Bharti for
                                   Mr. I.R. Choudhary, AAG.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

17/01/2025

IA No. 1/2025:

For the reasons stated in the application, the application

seeking preponement is allowed and the main matter is taken up

on Board. The application stands disposed of.

[2025:RJ-JD:3371] (2 of 3) [CW-4893/2023]

SBCWP No. 4893/2023:

1. The petitioner is before this Court seeking appointment on

the post of LDC pursuant to the advertisement dated 14.02.2013.

2. At the very outset, learned counsel for the petitioner submits

that the case of the petitioner, on all four squares, is para-materia

with the petitioner in S.B. Civil Writ Petition No. 16990/2022 titled

Vinay Govind Trivedi Vs. State of Rajasthan & Anr., decided

on 27.02.2023. He submits that not only the facts are similar but

even the issues involved are similar and the controversy has

already been decided by a coordinate Bench of this Court in the

judgment ibid in favour of the petitioner.

3. When the learned counsel for the respondents was

confronted with the aforesaid submission of the learned counsel of

the petitioner, he does not though oppose the reliance placed by

him but submits that the competent authority shall look into the

applicability of the judgment ibid and pass appropriate orders.

4. In view of the aforesaid, the writ petition is disposed of with

a direction to the competent authority of the respondents to

accord the benefits to the petitioner in same terms as the

judgment ibid since the perusal of the same vis-a-vis the

controversy raised herein and the facts pleaded in the petition,

prima facie, reflect that the petitioner is entitled to similar

treatment on parity. The decision qua the petitioner's case be

taken on priority in terms of the judgment ibid, as expeditiously as

possible but not later than 6 weeks from today.

5. Needless to say that the petitioner shall be entitled to the

benefit of the applicability of the judgment ibid only if he is

otherwise found fit/eligible and meritorious for appointment on the

[2025:RJ-JD:3371] (3 of 3) [CW-4893/2023]

post in question and subject to the availability of the vacancies as

on today. Though, learned counsel for the petitioner points that

one post in question was directed to be kept vacant by the

coordinate Bench of this Court, which was seized of the matter

earlier, vide an order dated 26.09.2023, which is not disputed.

6. All pending application (s), if any, shall also stand disposed

of.

(ARUN MONGA),J 46-SKM/Mohan

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