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2022 Supreme(Raj) 821

MANINDRA MOHAN SHRIVASTAVA, ANOOP KUMAR DHAND
State Of Rajasthan through the Deputy Secretary Admn. , Government Secretariat, Jaipur – Appellant
Versus
Krishan Joshi S/o Shri Kailash Chandra Joshi – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Chiranji Lal Saini, Additional Advocate General with Ms. Srijana Shresth, Mr. M.F. Baig Advocate.
For the Respondents:Mr. R.N. Mathur, Senior Advocate with Mr. Ashwinee Kumar Jaiman Advocate.

JUDGMENT :

Manindra Mohan Shrivastava, J.

1. These appeals are directed against the order dated 26.09.2019 passed by the learned Single Judge, whereby, the writ petition filed by the respondents has been allowed directing the appellants to consider the private respondents for appointment under the select list of the year 1997 as published by the Rajasthan Public Service Commission (‘for short ‘the RPSC’) with all consequential benefits of seniority though service was directed to be treated as notional for all purposes as well as for notional fixation of salary, actual benefit was only to be given from the date of appointment.

2. The relevant factual matrix necessary for adjudication of controversy involved in the appeals is that an advertisement was issued by the RPSC on 05.08.1996 inviting applications for appointment on the post of Homeopathic Chikitsak. The selection process was eventually completed and select list was published on 03.10.1997 wherein, 27 candidates were placed in the main list, including respondents No.4 & 5 herein (Respondents No.5 & 6 in the writ petition), who were placed at Serial Nos. 25 & 26 in the select list. One was selected for appointment against the pos

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