IMPORTANT POINT
The entitlement to seniority benefits in accordance with merit and the consideration of all candidates who participated in the same selection process for seniority from the date of joining.

ORDER :

1. Grievance of the petitioner herein arises out of the inaction on the part of the respondents in according her seniority benefit pursuant to the advertisement dated 14.02.2013 allegedly in defiance of order dated 08.05.2018 passed by this Court and order dated 04.01.2023 (Annexure-11) passed by Respondent No.4.

2. Brief facts are: -

2.1 The petitioner participated in the Direct Recruitment of LDC, 2013 and despite eligibility, she was not extended appointment order. Aggrieved by the same, the petitioner preferred a writ petition bearing S.B. Civil Writ Petition No. 10482/2015, which was decided vide order dated 08.05.2018, in the light of judgment passed by Division Bench of this Court in Har Karan Ram Bugalia Vs. State & Ors. (D.B. Special Appeal No. 1375/2014, decided on 29.07.2015) and the respondents were directed to consider the case of the petitioner in light of the aforementioned precedent law within a period of 30 days by passing a speaking order.

2.2 During the pendency of the writ petition, the petitioner was given appointment after more than 4 years vide order dated 05.09.2017. Petitioner joined on the post of LDC at Panchayat Samiti, Barmer. After completion of probation period of 2 years i.e. on 04.09.2019, the petitioner was confirmed in the services and by a separate order dated 18.10.2019, the pay-scale was revised accordingly.

2.3 Since the order dated 08.05.2018 passed by this Court was not complied with by the respondent department and the petitioner was not treated in service w.e.f. the date other similarly situated candidates were given appointment and the fixation of her pay on notional basis was not done hence, a contempt petition bearing S.B. Civil Writ Petition No. 1195/2019 was filed by the petitioner on 01.10.2019. During the pendency of this contempt petition, the respondent department passed an order dated 04.01.2023, wherein the representation of the petitioner was accepted and the sanction was issued to give seniority to the petitioner equal to the less merit holder candidate than the petitioner and the grant of notional benefits was sanctioned in accordance with the rules. The contempt petition filed by the petitioner was dismissed in light of the above order dated 04.01.2023 with liberty to the petitioner to file fresh, if any grievance persists.

2.4 Despite passing of the order dated 04.01.2023, the lower meritorious candidates were given appointment to the post of UDC and when the provisional seniority list of UDC (w.e.f. 01.04.2022) dated 03.02.2023 was published, the name of the petitioner was not shown. The petitioner filed a representation dated 14.02.2023 raising her objections, but without taking cognizance of her grievance, the final seniority list of UDC was published vide order dated 13.07.2023 and the petitioner was not accorded the benefit of seniority.

2.5 Petitioner again approached the respondents by way of a representation dated 17.07.2023, but without deciding the objections raised by the petitioner, the respondent department issued the promotion list of UDC to AAO on 11.08.2023 and promoted the persons who were lower in merit than the petitioner. The petitioner, being denied the actual benefit arising out of the order dated 08.05.2018 passed by this Court and order dated 04.01.2023 passed by the respondent department, filed the instant writ petition.

3. Short controversy involved herein is whether the petitioner who was accorded the benefit of appointment on the post of Lower Division Clerk pursuant to an earlier foray of litigation instituted by her vide S.B. Civil Writ Petition No. 10482/2015 which was allowed by a Coordinate Bench of this Court vide an order / judgment dated 08.05.2018 is entitled to the consequential benefits of service including seniority in accordance with her merit viz-a-viz her counterparts who participated in the same selection process.

4. The answer to the aforesaid question is in affirmative. Let us examine how.

5. First and foremost, the relevant