Rajasthan High Court - Jodhpur
Hoshiyar Singh vs State Of Rajasthan on 23 May, 2022
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2863/2022
1. Hoshiyar Singh S/o Shri Prahalad Singh, Aged About 38
Years, Village Pura Ki Dhani, Khidasar, Tehsil Derwala,
District Jhunjhunu, Rajasthan. Presently Posted On The
Post Of Ldc In Gram Panchayat Palot, Panchayat Samiti
Didwana, District Nagaur, Rajasthan.
2. Vikas Kumar S/o Shri Parmeshwar Lal, Aged About 33
Years, V And P Devroad, Tehsil Suratgarh, District
Jhunjhunu, Rajasthan. Presently Posted On The Post Of
Ldc In Gram Panchayat Kalwani, Panchayat Samiti
Didwana, District Nagaur, Rajasthan.
3. Narendra Kumar S/o Shri Hari Singh, Aged About 34
Years, V And P Bhikamsar, District Jhunjhunu, Rajasthan.
Presently Posted On The Post Of Ldc In Gram Panchayat
Baliya, Panchayat Samiti Didwana, District Nagaur,
Rajasthan.
4. Narendra Kumar Meena S/o Shri Bhanwar Lal Meena, Aged
About 35 Years, Meeno Ki Dhani, Village Kundalpur, Bidoli,
District Sikar, Rajasthan. Presently Posted On The Post Of
Ldc In Gram Panchayat Singrawat Kalan, Panchayat Samiti
Didwana, District Nagaur, Rajasthan.
5. Hari Prakash S/o Shri Keshara Ram, Aged About 39 Years,
V And P Dhani Badi, Tehsil Rajgarh, District Churu,
Rajasthan. Presently Posted On The Post Of Ldc In Gram
Panchayat Hudash, Panchayat Samiti Ladnu, District
Nagaur, Rajasthan.
6. Om Prakash Rahar S/o Shri Kesha Ram Rahar, Aged About
42 Years, Village Kasumbi Alipur, District Nagaur,
Rajasthan. Presently Posted On The Post Of Ldc In Gram
Panchayat Kasumbi, Panchayat Samiti Ladnu, District
Nagaur, Rajasthan.
7. Dinesh Kumar Sharma S/o Shri Birdhi Chand Sharma,
Aged About 45 Years, V And P Dudhwakhara, District
Churu, Rajasthan. Presently Posted On The Post Of Ldc In
Gram Panchayat Dayalpura, Panchayat Samiti Didwana,
District Nagaur, Rajasthan.
8. Hitesh Bansal S/o Shri Kamlesh Agarwal, Aged About 31
Years, Flat No. 102, Midas Touch, Malhotra Nagar, Behind
Vidhyadhar Nagar Stadium, Akhepura, District Jaipur,
Rajasthan. Presently Posted On The Post Of Ldc In Gram
Panchayat Bhanwata, Panchayat Samiti Kuchaman City,
District Nagaur, Rajasthan.
9. Jitendra Ranasariya S/o Naresh Kumar Ranasariya, Aged
About 40 Years, Modi Road, Near Gadiya, Town Hall, Ward
No. 19, District Jhunjhunu, Rajasthan. Presently Posted On
The Post Of Ldc In Panchayat Samiti Kuchaman City,
District Nagaur, Rajasthan.
10. Om Prakash S/o Shri Ramesh Chand, Aged About 42
Years, Village Shyopura, Post Bahatana, Tehsil Deeg,
(Downloaded on 23/05/2022 at 09:29:23 PM)
(2 of 4) [CW-2863/2022]
District Bharatpur, Rajasthan. Presently Posted On The
Post Of Ldc In Gram Panchayat Mundghasoi, Panchayat
Samiti Nawa, District Nagaur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Rural Development And Panchayati Raj
(Panchayati Raj), Government Of Rajasthan, Jaipur,
Rajasthan.
2. Additional Commissioner, Rural Development And
Panchayati Raj Department, Government Of Rajasthan,
Jaipur.
3. District Programme Coordinator And District Collector,
Nagaur, Rajasthan.
4. Chief Executive Officer, Zila Parishad Nagaur, Rajasthan.
5. Development Officer, Panchayat Samiti Didwana, District
Nagaur, Rajasthan.
6. Development Officer, Panchayat Samiti Ladnu, District
Nagaur, Rajasthan.
7. Development Officer, Panchayat Samiti Kuchaman City,
District Nagaur, Rajasthan.
8. Development Officer, Panchayat Samiti Nawa, District
Nagaur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pawan Singh.
For Respondent(s) : Mr. Piyush Bhandari for
Mr. Sunil Beniwal, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 23/05/2022 This writ petition has been filed by the petitioners aggrieved against the rejection of their representations by order dated 26.07.2021 & 21.12.2021 (Annex.26), which orders were passed pursuant to the order dated 25.11.2020 in writ petition filed by the petitioners being SBCWP No.10409/2020, decided on 25.11.2020 (Annex.24).
It is submitted by learned counsel for the petitioners that though the case of the petitioners was identical to Satdev v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.9899/2019, (Downloaded on 23/05/2022 at 09:29:23 PM) (3 of 4) [CW-2863/2022] decided on 25.7.2019, the representations of the petitioners have been rejected inter-alia indicating that as the petitioners had not appeared at the time of document verification in the year 2013 and after the order was passed by the Court in the year 2018, they appeared for document verification, as the Department has not committed any mistake, the petitioners were not entitled for notional benefits.
Learned counsel for the petitioners made submissions with reference to order passed by Zila Parishad, Alwar Annex.35 dated 01.10.2021, wherein, similarly placed candidate was accorded the notional benefits.
Learned counsel for the respondents was granted time to complete his instructions with regard to the benefit granted by order dated 01.10.2021 (Annex.35) and the denial in case of the petitioners vide orders dated 26.07.2021 & 21.12.2021 (Annex.26) by Zila Parishad, Nagaur.
Learned counsel for the respondents made submissions that in the case before Zila Parishad, Alwar directions were given by the Court in Tara Ram Meghwal Vs. State of Rajasthan & Ors.:
S.B. Civil Writ Petition No.16158/2017, decided on 17.07.2018 by the Jaipur Bench, for document verification and that in fact at Jaipur Bench, the Additional Advocate General has given a general statement pertaining to the fact that all the candidates would be permitted for document verification pursuant to the order dated 29.05.2018 pursuant thereto even without orders of the Court, the document verification was permitted.
Learned counsel attempted to make submissions that as initially the petitioners had not appeared for document verification, they are not entitled for notional benefits. (Downloaded on 23/05/2022 at 09:29:23 PM)
(4 of 4) [CW-2863/2022] I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
The respondents themselves permitted the candidates, who had not appeared for document verification in the year 2013 to appear for the document verification, thereafter granted them appointments and similar nature matters came up before the Court in the case of Satdev (supra) and Nand Kishore Sharma & Ors. Vs. The State of Rajasthan & Ors. : S.B. Civil Writ No.12109/2018, decided on 18.07.2018, the Court ordered for consideration of their cases for grant of notional benefits.
The respondents at certain Zila Parishad granted the benefit and at some places refused the same for various reasons. However, as submitted, the respondents ought to have a consistent policy for the purpose of grant of notional benefits and, therefore, as a similarly placed candidate has been granted benefit by the Zila Parishad, Alwar vide Annex.35, the refusal of the benefit to the petitioners by Zila Parishad, Nagaur cannot be approved.
Consequently, the petition filed by the petitioners is allowed, the orders dated 26.07.2021 & 21.12.2021 (Annex.26) are quashed and set-aside.
The respondents are directed to pass appropriate orders, as directed by order of this Court in the petition filed by the petitioners, on 25.11.2020.
Needful may be done by the respondents within a period of four weeks.
(ARUN BHANSALI),J 18-pradeep/-
(Downloaded on 23/05/2022 at 09:29:23 PM) Powered by TCPDF (www.tcpdf.org)