Rajasthan High Court - Jodhpur
Virendra Singh vs The State Of Rajasthan ... on 7 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:47949]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 21750/2025
Virendra Singh S/o Shree Bacharam, Aged About 38 Years, R/o
Village Devkhera, Post Rajakhera, District Dholpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical
And Health Welfare Department, Rajasthan, Jaipur
Rajasthan.
2. The Director, (Non Gazzeted), Medical And Health Service,
Rajasthan Jaipur.
3. The Additional Director, (Administration), Medical And
Family Welfare Department, Rajasthan Jaipur, Rajasthan.
4. Chief Medical And Health Officer, Dholpur.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
For Respondent(s) : Mr. Mukesh Dave, GC
Mr. Tanuj Jain
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/11/2025
1. The present writ petition has been preferred for the following
reliefs:-
(i) the action of the respondents while not extending the
service benefits to the petitioner including the annual
grade increment, etc. despite possessing the RS-CIT
qualification, may kindly be declared contrary to objective
enshrined under the Rajasthan Compassionate
Appointment of Dependents of Deceased Government
Servant Rules, 1996 and concept of doctrine of welfare
state and further be violative to Article 21 of the
Constitution of India; and/or
(ii) the respondents may kindly be directed to provide
annual grade increments to the petitioners in terms of
(Uploaded on 10/11/2025 at 02:09:41 PM)
[2025:RJ-JD:47949] (2 of 4) [CW-21750/2025]
the statutory provisions and circulars on actual basis
counting his services from the date of joining i.e. on
06.07.2020; and/or
(iii) the respondents may kindly be directed to count the
services of the petitioner from 06.07.2020 and release all
benefits in the form of arrear alongwith interest @ 18%
per annum till the actual benefits are granted to the
petitioner.
(iv) The respondents may kindly be directed to extend all
service benefits to the petitioner such as, seniority,
notional benefits, promotion, etc.
(v) Pass any other appropriate order which this Hon'ble
Court may deem fit, just and proper in the facts and
circumstances of the case in favour of the petitioner.
(vi) Cost of the writ petition be also awarded in favour of
the petitioner.
2. Mr. Vikram Singh Bhawla, learned counsel for the petitioner
submitted that the issue involved in the present writ petition is
squarely covered by the judgment dated 04.04.2019 passed by
this Court in a bunch of writ petitions led by S.B. Civil Writ
Petition No.10333/2017 : Mohhamad Umer Rangrej Vs. State of
Rajasthan & Ors.
3. Inviting Court's attention towards the judgment dated
04.04.2019 passed in the case of Mohhamad Umer Rangrej
(supra) and the circular dated 02.06.2020, Mr. Bissa, learned
counsel for the petitioner contended that petitioner's services is
required to be taken notionally from the date of his appointment
order i.e. 31.05.2004 and is entitled for actual monetary benefits
when he has submitted certificate of RS-CIT course in the month
of February, 2017.
(Uploaded on 10/11/2025 at 02:09:41 PM)
[2025:RJ-JD:47949] (3 of 4) [CW-21750/2025]
4. Mr. Mehta, learned counsel for the respondent - State
submits that simply because the order of appointment does not
contain a condition for clearing the typing test, the petitioner
cannot avoid the condition mentioned in the Rajasthan
Compassionate Appointment of Dependents of Deceased
Government Servants Rules, 1996 (hereinafter referred to as
'Rules of 1996') which in no ambiguous terms provides that a
candidate has to acquire the eligibility and educational
qualification as required for the post he is appointed.
5. Learned counsel argued that since the petitioner had
acquired RS-CIT certificate in the month of February, 2017, he is
entitled to all the benefits, including the benefits of annual grade
increments.
6. Heard learned counsel for the parties and perused the
record.
7. According to this Court, simply because the appointment
order does not contain a condition of clearing typing test which
was the qualification prevailing when the petitioner was given
appointment under the Rules of 1996, the petitioner cannot claim
immunity from fulfilling such requirement - he has to acquire the
basic qualification and Typing proficiency which is sine-qua-non for
the appointment. But at the same time, since he had acquired the
RS-CIT certificate in the month of February, 2017, he cannot be
denied the benefit under condition No.6 of the circular dated
02.06.2020, which provides that an employee appointed under the
Rules of 1996 shall be given notional increments until he clears
typing test or acquires RS-CIT certificate.
(Uploaded on 10/11/2025 at 02:09:41 PM)
[2025:RJ-JD:47949] (4 of 4) [CW-21750/2025]
8. The present writ petition is, therefore, allowed as per clause
No.(i) of the prayer.
9. The respondents are directed to consider petitioner's
appointment notionally from the date of he fulfilled the conditions
of the appointment order dated 29.06.2020 which is the issuance
date of Computer RS-CIT Certificate. 30.10.2021 and more than
the annual grade increment nationally and whereafter he shall be
entitled to actual benefit of increment in terms of circular dated
02.06.2020 and other relevant circular issued by the department
from time to time.
10. The stay application also stands disposed of, accordingly.
(FARJAND ALI),J
219-Samvedana/-
(Uploaded on 10/11/2025 at 02:09:41 PM)
Powered by TCPDF (www.tcpdf.org)
