Rajasthan High Court - Jodhpur
Man Singh & Ors. vs . State Of Rajasthan & Ors. on 25 May, 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.9355/2014 Man Singh & Ors. Vs. State of Rajasthan & Ors.
Date of order : 25.5.2015 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr.Shailesh Agarwal for Mr.Sushil Solanki, for the petitioners. Mr.Manish Patel, AGC, for the respondents.
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By way of the instant writ petition, the petitioners have approached this Court praying that they should be accorded notional fixation of salary as well as seniority from the date appointments were given to other persons selected through same process.
The relief claimed for by the petitioners is based on the decision rendered by a Coordinate Bench of this Court in S.B. Civil Writ Petition No.6707/2007 (Ashok Kumar Baser and others. vs. State of Rajasthan and another) decided on 8.2.2012.
Having considered the arguments advanced by the learned counsel for the parties and upon going through the order passed by this Court in Ashok Kumar Baser's case (supra), this Court is of the opinion that the instant writ 2 petition is required to be disposed of in the following terms:-
The petitioners shall submit a representation before the appropriate authority for ventilating their grievances. Upon such representation being received, the appropriate authority shall examine the case of the petitioners in light of Ashok Kumar Baser's judgment. If the case of the petitioners is found covered by the ratio of the above judgment, seniority and all other benefits including fixation of pay on notional basis in the event of grant of appointment shall be accorded to the petitioners from the date appointments were given to other persons selected in the same process. However, the petitioners shall not be entitled for actual payment of wages for the period concerned. Necessary orders in compliance of the directions given above shall be passed within a period of four weeks from the date of submission of a representation along with a copy of this order.
If after the disposal of the representation, any of the petitioners' grievances still survives, the petitioners shall be at liberty to take recourse to appropriate legal remedy.
No order as to cost.
(SANDEEP MEHTA), J.
/S.Phophaliya/