Rajasthan High Court - Jaipur
Shyam Prakash Saini And Ors vs State Of Raj And Ors on 28 June, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 9929 / 2017
Shyam Prakash Saini And Ors
----Petitioner
Versus
State Of Raj And Ors
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Ajatshatru Mina. _____________________________________________________ HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA VJ Order 28/06/2017 Counsel for the petitioners submits that the petitioners were working in substantive capacity on the ministerial posts in the department at the time when they applied for the post of Junior Accountant under the 12.5% quota available for the ministerial staff. The confirmation order in their favour has however been passed by the State Government subsequent to the last date of submission of application. On account of the said order having been passed after the last date, the petitioners are not being considered as substantive Government servants for the purpose of consideration of appointment as Junior Accountant under the 12.5% quota reserved for ministerial staff of the State Government employees under the Rules. It is submitted that the confirmation order which has been passed later on, i.e. after the last date, would relate back to the initial date of appointment and the petitioners would be treated as confirmed from the date of appointment itself for all purposes and therefore cannot be denied (2 of 2) [CW-9929/2017] the benefit of consideration under the 12.5% quota.
Issue notice of writ petition as well as the stay application, returnable within four weeks.
In the meanwhile and till further orders, the respondent State Government is directed to include the candidature of the petitioners for the purpose of appointment on the post of Junior Accountant as substantive employees under 12.5% State Government Employees Quota.
(SANJEEV PRAKASH SHARMA) VJ.
Ashu/191