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2018 Supreme(Raj) 2038
IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Vijay Kumar Mehta - Appellant
Versus
State Of Rajasthan Through Secretary - Respondent
Civil Writ Petition No. 1490 of 2016
Decided On : 30-01-2018
Naresh Singh, Adv., Rakesh Arora, Adv., Manish Patel, Adv.
The main legal point established is that work experience under a specific government scheme, even if obtained through a placement agency, may entitle an individual to bonus marks for appointment consideration.
Headnote:
Appointment - Lower Division Clerk - The court directed the respondents to consider the petitioners for appointment on the post of Lower Division Clerk in accordance with their merits and a circular dated 24.03.2017, entitling bonus marks for work experience under the MNREGS scheme.
Fact of the Case:
The petitioners sought appointment as Lower Division Clerk, claiming that their experience from a placement agency should be counted.
Finding of the Court:
The court disposed of the petition, directing the respondents to consider the petitioners for appointment in accordance with their merits and a circular entitling bonus marks for relevant work experience.
Issues: The issue was whether the petitioners' work experience from a placement agency should be considered for appointment as Lower Division Clerk.
Ratio Decidendi: The court considered a circular dated 24.03.2017, which entitled bonus marks for work experience under a specific government scheme, and directed the respondents to consider the petitioners' case in accordance with their merits and the circular.
Final Decision: The court directed the respondents to consider the petitioners for appointment on the post of Lower Division Clerk within 30 days, in accordance with their merits and the circular dated 24.03.2017.
JUDGMENT
Pushpendra Singh Bhati, J. - The petitioners have preferred this writ petition under Article 226 of the Constitution of India, claiming the following reliefs:
"It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuing an appropriate writ, order or directions: 1. The respondents may be directed to give appointment on the post of Lower Division Clerk from the date less meritorious candidates were appointed in pursuance to the notification dated 12.02.2013 with all consequential benefits. Any other order favourable to the petitioner may also be passed."
2. At the outset, learned counsel for the petitioners stated that the experience of the petitioner is not being counted just because it was from the placement agency.
3. Learned counsel for the respondents has shown the circular dated 24.03.2017, whereby the State Government itself has taken a decision to the effect that if the incumbents have work experience in the Rural Development & Panchayat Raj Department and its schemes, then the incumbents shall be entitled for bonus marks. Meaning thereby the present petitioners who have work experience under the MNREGS scheme run by the State Government, even engaged through the placement agency, are entitled for grant of bonus marks for the work done by them under the said scheme.
4. On such submissions and showing of the notification by learned counsel for the respondent, the present petition is disposed of with the direction to the respondents to consider the case of the petitioners for appointment on the post of Lower Division Clerk arising out of notification dated 12.02.2013 strictly in accordance with their merits and in terms of the circular dated 24.03.2017. The needful be done within a period of 30 days from today.
