Rajasthan High Court - Jaipur
Dev Kumar Mohil Son Of Shri Goverdhan Lal ... vs State Of Rajasthan on 10 November, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.13184/2020
Dev Kumar Mohil Son Of Shri Goverdhan Lal Mohil, Aged About
26 Years, Resident Of 132-133, Jwala Nagar, Jobner, District
Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Department Of Administrative Reforms And
Cordination, Govt. Secretariat, Jaipur (Raj.)
2. Dy. Secretary, (Ar) (Gur-3) Department, Govt.
Secretariat, Jaipur (Raj.)
3. Director, Secondary Education, Rajasthan, Bikaner.
4. President, Rajasthan Subordinate And Ministerial Service
Selection Board, Jaipur, Rajya Krishi Prabandh Sansthan
Parisar, Durgapura Jaipur (Raj.)
5. Dy. Secretary, Rajasthan Subordinate And Ministerial
Service Selection Board, Jaipur, Rajya Krishi Prabandh
Sansthan Parisar, Durgapura Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Chaman Singh For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 10/11/2020 Learned counsel for the petitioner submits that in the case of Devendra Singh Versus State of Rajasthan & Others: SBCWP No.11926/2020, this court has passed an order in the terms of the judgment passed in the case of Chandra Shekhar Yadav Versus State of Rajasthan & Others: SBCWP No.7956/2020 and other (Downloaded on 11/11/2020 at 10:22:36 PM) (2 of 3) [CW-13184/2020] connected petitions. The case of the petitioner is also similar and it may be accordingly disposed of.
This court in the case of Chandra Shekhar Yadav (supra) has made following observations:-
"In all these matters, the grievance of the petitioners is that they are higher in merit in the select list and had opted place of posting of their choice but have been allotted different place of posting while lesser meritorious persons have been given posting of their choice District.
As the Court has already passed orders for submission of representation to the concerning authority, I deem it appropriate to dispose of these writ petitions with a direction to the State Authorities to decide the representations of the petitioners within a period of 30 days from the date of receipt thereof by passing a speaking order. The relevant judgment passed by the Court from time to time with regard to the maintaining of inter-se seniority and inter-se merit while giving posting was also taken into consideration by the authorities and they will pass a speaking order pointing out and distinguishing the judgment and if they find that case is distinguishable, such an order or decision shall be communicated positively to the concerned petitioner(s)individually within 7 days thereafter.
It is clarified that if certain representations have already been decided and the judgments passed by this court have not been taken into consideration, then the concerned individual petitioner can file a fresh representation and the same shall be decided in accordance with law.
If any of the individual person has further grievance remaining, he would be entitled to take up the matter by approaching appropriate forum after impleading the concerned persons against whom he has a grievance. It is made clear that the decision of the State Government would come within the ambit of service matter and therefore the Service Appellate Tribunal would be an appropriate forum for approaching by filing appeal against any such decision. If any of the appeal is preferred, it is expected from the Tribunal to decide the same expeditiously.(Downloaded on 11/11/2020 at 10:22:36 PM)
(3 of 3) [CW-13184/2020] In view of the observations made hereinabove, these writ petitions stand disposed of.
This order shall also be applicable to those candidates who have not approached the court as on today. However, the time for filing of representation shall be the same for others also. This order may be published in the newspaper for information to all."
Keeping in view above, this petition also deserves to be disposed of on the same terms and it is accordingly disposed of.
(SANJEEV PRAKASH SHARMA),J Karan Bhutani /531/60 (Downloaded on 11/11/2020 at 10:22:36 PM) Powered by TCPDF (www.tcpdf.org)