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2008 Supreme(Raj) 2134

MOHAMMAD RAFIQ
Suman Bai – Appellant
Versus
State – Respondent


For the Petitioners:M.S. Yadav, Advocate.
For the Respondents:Sandeep Saxena and D.K. Garg, Advocates.
For the State: Parinitoo Jain, Dy. Govt. Counsel.

JUDGMENT

1. - This writ petition has been filed by the petitioners namely, Smt. Suman Bai and Smt. Ved Kaur, who were appointed on the post of Physical Teacher Grade-II vide order of the Deputy Director (Secondary), Jaipur Division dated 16.08.2003 in compliance of the order dated 08.12.2000. The petitioners are aggrieved by their placement in the seniority below respondents No. 4 to 8. According to them, they all participated in a common selection pursuant to which both set of employees were appointed, but the respondents were placed lower in merit than them.

2. This Court while allowing the writ petition No. 5230/1998 on the basis of Division Bench's judgment in State of Rajasthan & Ors. v. Hari Ram & Ors., reported in WLC 2000(1)(Raj.) . Page 124 directed the respondents to consider the case of the petitioners and give them appointment after satisfying about the prescribed qualification in the light of aforesaid Division Bench judgment. The respondents though appointed the petitioners but did not give them seniority according to their placement in the merit above the private respondents No. 4 to 8. The petitioners then filed contempt petition which was dismissed by the Court obs








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