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Rajasthan High Court - Jaipur

Vikash Kumar Gupta S/O Sh. Pooran Mal ... vs State Of Rajasthan Through Principal ... on 15 March, 2019

Author: Alok Sharma

Bench: Alok Sharma

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No.25245/2018
Vikash Kumar Gupta S/o Sh. Pooran Mal Gupta & Another
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan & Others
                                                                ----Respondent


For Petitioner(s)        :     Mr.Suveer Gaur on behalf of
                               Mr.Ajatshatru Mina.
For Respondent(s)        :     Mr.R.P. Singh, AAG with
                               Mr.Deepak Bishnoi,
                               Mr.M.F. Baig.


            HON'BLE MR. JUSTICE ALOK SHARMA
                          Order

15/03/2019


     The issue in this petition is with regard to the appointment of


the Tehsil Revenue Accountants and Junior Accountants with the


Board of Revenue and the Directorate Treasury respectively


pursuant to the selections made following advertisement dated


18.09.2013. The determination of merit of candidates competing


for the posts in issue has since long been completed and


appointments from the select list already first made on or about


30.06.2017. However all posts both Tehsil Revenue Accountants


and Junior Accountants which were advertised and are admittedly


required have not been filled up from those on the select list and


the waiting list. It is not anybody's case that the appointing

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                         (2 of 4)                                      [CW-25245/2018]


authority has taken a decision not to fill up all vacancies


advertised on the post of Tehsil Revenue Accountants and Junior


Accountants. Candidates in the waiting list against the vacancies


on the two services in issue still obtaining have yet not been


offered appointments despite over a year and half lapsing. This


inter alia for reason of allegedly pending litigation the contours of


which have not very clearly stated by the counsel for the


respondents.


It is however not in dispute that the number of petitioners in pending disputes before the court agitating one right or the other for appointment as Tehsil Revenue Accountants on the one hand and Junior Accountants on the other is far less than the vacancies presently obtaining in the two services as advertised for recruitment on 18.09.2013. This court cannot fathom any reason as to why for the mere reason of pending litigation, subsequent to keeping aside vacancies equivalent to the number of petitioners before the court in the pending disputes, the remaining vacancies cannot be filled up from those in the waiting list/ reserve list for the post of Tehsil Revenue Accountants on the one hand and (Downloaded on 29/06/2019 at 10:55:40 PM) (3 of 4) [CW-25245/2018] Junior Accountants on the other as the concerned have been waiting for appointment for over one year while their life continues to pass by.

In this view of the matter, I am of the considered view that it would be appropriate to direct the constitution of a committee comprising of the Principal Secretary, Finance, Principal Secretary, Department of Personnel, Director, Department of Treasuries and Accounts, Chairman/ Registrar, Board of Revenue and Chairman/ Secretary, Rajasthan Public Service Commission to take a final decision with regard to the appointment of those in the waiting list against the vacant posts of Tehsil Revenue Accountants and Junior Accountants after reckoning for the number of petitioners in litigation before this court on the issue of their purported right to appointment as Tehsil Revenue Accountants and/or Junior Accountants. A decision as required above be taken within a period of six weeks from the date of presentation of a certified copy of this order.

Put up on May 15, 2019.

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(4 of 4) [CW-25245/2018] A copy of this order be furnished to Mr.R.P. Singh, AAG for onward transmission and compliance.

(ALOK SHARMA),J Karan/198 (Downloaded on 29/06/2019 at 10:55:40 PM) Powered by TCPDF (www.tcpdf.org)