Rajasthan High Court - Jodhpur
Chander Shekhar vs The State Of Rajasthan on 29 November, 2022
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17276/2022
1. Badri Prasad Lakhara S/o Shri Jagdish Prasad Lakhara,
Aged About 36 Years, R/o 261, Lakharo Ka Bas,
Khinwsar, Tehsil Khinwsar, District Nagaur (Raj.).
2. Shahbaz Khan S/o Abdul Rauf Khan, Aged About 41
Years, R/o Near Old Post Office, Ward No. 5, Parbatsar,
Tehsil Parbatsar, District Nagaur (Raj.).
----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. Chief Executive Officer, Zila Parishad Nagaur, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 17316/2022
Chander Shekhar S/o Shri Ramesh Chandra, Aged About 43
Years, Resident Of Village And Post Gotan, Tehsil Merta, District
Nagaur.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Jaipur.
2. The Additional Commissioner Cum Joint Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Jaipur.
3. The Chief Executive Officer, Zila Parishad Nagaur.
----Respondents
For Petitioner(s) : Mr. Pawan Singh.
Mr. Khet Singh.
For Respondent(s) : Mr. Piyush Bhandari for
Mr. Sunil Beniwal, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 29/11/2022 (Downloaded on 29/11/2022 at 11:56:12 PM) (2 of 3) SBCW No. 17276 of 2022 has been filed by the petitioners aggrieved against the order dated 29.09.2022 (Annex.-16), whereby their objections to the provisional waiting list dated 13.09.2022, have been rejected.
The petitioners by filing objections sought grant of bonus marks based on the experience certificate (Annex.-8) for their contractual service under eq[;ea=h ch-ih-,y- thou j{kk ;kstuk and have sought appointment on the post of LDC pursuant to Recruitment- 2013, in case, they appeared in merit.
In SBCW No. 17316 of 2022, the petitioner has sought direction, to the respondents to countersign the experience certificate produced by the petitioner Annex.-6, award bonus marks and consider the candidature of the petitioner for appointment on the post of LDC pursuant to Recruitment-2013, in case, he appeared in merit.
Learned counsel for the petitioners submit that the issue raised in the present writ petitions is squarely covered by order in Randhir Singh & Anr. v. State of Raj. & Ors.: SBCW No. 8707/2017, decided on 31.05.2017 at Jaipur Bench, wherein the Court has directed, issuance of experience certificate in favour of the petitioners therein, who were working as LDC in eq[;ea=h ch-ih-,y- thou j{kk ;kstuk (Chief Minister BPL Life Saving Fund Scheme).
It is further submitted that the said judgment of Randhir Singh (supra) followed in Sunil Solanki & Ors. v. State of Raj. & Ors.: SBCW No. 7918/2017 and other connected matters, decided on 17.08.2017, wherein as many as 49 petitioners, were granted similar relief and the same has again been followed in Satyapal Gaidhar v. State of Raj. & Ors.: SBCW No. 10325/2017, decided (Downloaded on 29/11/2022 at 11:56:12 PM) (3 of 3) on 28.08.2017 by coordinate Benches of this Court and, therefore, the present petitioners are entitled to similar relief.
Learned counsel for the respondents made submissions that though the issue raised by the petitioners is similar to that in the cases of Randhir Singh/Sunil Solanki/Satyapal Gaidhar (supra), the requirement under Rules 273 of the Rajasthan Panchayati Raj Rules, 1996 is that they must have worked in a scheme under the Panchayati Raj Department.
Submissions have been made that the said Scheme has never been transferred to the Department and is being administered by the State only, however, it is not denied that similarly placed petitioners, have been accorded the relief.
In view of the above fact situation, wherein the orders have been passed by the coordinate Benches way back in the year 2017, which have not been reversed and the petitioners are similarly placed to the said petitioners, the present writ petitions are allowed.
The respondents are directed to countersign the experience certificate of the petitioner in SBCW No. 17316/2022. The action of the respondents in rejecting the objections of the petitioners in SBCW No. 17276/2022 disentitling the petitioners from taking the benefit of bonus marks based on the certificate issued to them, is set aside. The respondents are directed to accord the benefit of bonus marks to the petitioners and proceed accordingly.
The needful may be done by the respondents within a period of two weeks.
(ARUN BHANSALI),J 181&182-PKS/-
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