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2022 Supreme(Raj) 1302

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, J.
Sunita Kumari – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 8144/2022
Decided On : 01-06-2022

Advocates appeared:
Mr. Vikram Singh Bhawla, Advocate, for the Petitioner

The court has the authority to direct respondents to consider and decide representations within a specified time frame, based on previous adjudications.

Headnote:

Adjudication - Employment Dispute - The court directed the respondents to consider the case of the petitioners for the post they applied for, if eligible and meritorious, and to grant appointment from the date appointments were given to other persons. The court also specified that the petitioners would not be entitled to actual payment of wages for the period concerned.

Fact of the Case:

The petitioners sought direction from the court to consider their representation for employment in view of a previous adjudication.

Finding of the Court:

The court directed the respondents to consider and decide the petitioners' representation within a time frame, in line with the previous adjudication.

Issues: Non-response to petitioners' representations by the respondents.

Ratio Decidendi: The court emphasized the need for the respondents to consider and decide the petitioners' representation within a specified time frame, based on the previous adjudication.

Final Decision: The writ application was disposed of with the court's directions to the respondents to consider and decide the petitioners' representation within a specified time frame.

JUDGMENT

1. Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court (Jaipur Bench) in the case of Ashol Kumar Baser v. State of Rajasthan & Ors.: S.B. Civil Writ petition Number 6707/2007, decided on 8th February, 2012, observing thus:

      "After hearing of the matter at a considerable length, it is submitted by learned Additional Advocate General Shri R L Jangid that adequate number of Vacancies are available with the respondents to employee meritorious candidates , as a consequent of process of selection initiated under the Advertisement Annx-1. It is also pointed out that in a matter of similar nature i.e. SB Civil Writ Petition no- 3414/2009 this court directed to employ persons who approached court without making any disturbance with the appointments already given.

      Having considered all the facts and circumstances of the case I deem it appropriate to accept the petition for writ with a direction to the respondents to consider the case of the petitioners for the post for which they applied under the advertisement Anx-1, if they are otherwise eligible and meritorious. The appointment to the petitioners may be given from the date appointments were to other persons as as a consequent to the process of selection in question. The seniority and all other benefits including fixation of pay on notional basis in the event of grant of appointment shall be reckoned from the date appointments were given to other persons selected through same process. However they shall not be entitled for actual payment of wages for the period concerned . Necessary orders for compliance of the directions given are required to be passed by the respondents on or before 31.3.2012."

      2. Learned counsel further asserted that despite repeated representations addressed by the petitioners, the respondents have not responded to the claim of the petitioners.

      3. It is further pointed out that for the present, the petitioners would be satisfied, if the State-respondents are directed to consider and decide their representation within a time frame, in the backdrop of the adjudication in the case of Ashol Kumar Baser (supra).

      4. In view of the limited prayer addressed; the petitioners are directed to address a representation enclosing copies of the opinions, which they intend to refer to and rely upon so also a copy of the notice for demand of justice addressed to the counsel within two weeks hereinafter.

      5. In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order in the backdrop of the opinion in the case of Ashol Kumar Baser (supra). This exercise shall be undertaken by the State-respondents as expeditiously as possible; preferably within two months from the date of receipt of the representation along with a certified copy of this order.

      6. With the observations and directions, as indicated above, the writ application stands disposed off.

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