Rajasthan High Court - Jodhpur
Rajkumar Singh. vs . State Of Rajasthan & Ors. on 22 August, 2015
Author: Sandeep Mehta
Bench: Sandeep Mehta
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B. CIVIL WRIT PETITION NO.7390/2015 RAJKUMAR SINGH. VS. STATE OF RAJASTHAN & ORS.
Date of order : 22.8.2015 HON'BLE MR.JUSTICE SANDEEP MEHTA Dr.Nupur Bhati, for the petitioner. Mr.SS Ladrecha, AAG a/w Mr.Vikas Choudhary, for the respondents.
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Learned AAG Mr.Ladrecha, who has filed a general caveat in these matters, appears for all the respondents.
Learned counsel for the parties state that the controversy involved in this writ petition is squarely covered by the order dated 7.8.2015 passed by this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.4353/2015 (Jaswant Singh. Vs. State of Rajasthan & Ors.) and thus, the instant writ petition may also be decided in light of the above order.
Learned counsel for the petitioner has brought to the notice of this Court a copy of the order dated 17.7.2015 as 2 per which, the Panchayati Raj Department has taken a decision that in appropriate circumstances, the newly selected incumbents shall be allowed extension upto six months for joining on their posts.
As a result of the aforesaid discussion, the instant writ petition deserves to be and is hereby allowed in the following terms :-
(1) In the event, the petitioner has still not been allowed to join on his fresh assignment, the authority concerned shall forthwith relieve and allow him to join on his new assignment pursuant to his selection under the advertisement of 2013.
(2) The service put in by the petitioner in his earlier assignment shall not be counted towards seniority. His seniority shall be counted from the date of joining the post.
(3) The claim of the petitioner for counting the length of service in the previous assignment for the purposes of the service benefits viz., regularization, fixation, increments etc. shall be governed by the applicable Service Rules. (4) The petitioner shall be at liberty to submit an application to the competent authority for counting his previous services with reference to 3 Rule 25(2) of the Pension Rules, 1996. The competent authority shall consider and decide such prayer by passing reasoned orders in accordance with the service Rules.
Stay petition also stands disposed of. No order as to costs.
(SANDEEP MEHTA), J.
/S.Phophaliya/