DINESH MEHTA
Ajeet Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. Learned counsel for the petitioners submits that in a matter involving identical issue i.e. Satdev v. Sate of Rajasthan & Ors. (SB Civil Writ Petition No.9899/2019), a Co-ordinate Bench of this Court on 25.07.2020 passed following order :-
"This writ petition has been filed by the petitioner seeking a direction to the respondents to accord notional benefits from the date appointment was given to similarly situated persons in the year 2013.
It is inter alia indicated in the writ petition that pursuant to the LDC recruitment 2013 (Annex.1), the petitioner participated in the recruitment and was selected, however, appointment was not accorded on account of pendency of litigation before this Court,wherein, the petitioners who were contractual employees, had questioned termination of their services as contractual employees. After the litigation was over, by order dated 4.9.2017 (Annex.2),the petitioners were accorded appointment pursuant to the selections held in the year 2013.
It is inter alia indicated that petitioner was eligible in the year 2013, was duly selected pursuant to the selection process held by the respondents and was not accorded appointment only on account of pe
Merit-based appointments must be respected, and delays due to litigation should not affect the entitlement to benefits for eligible candidates.
Eligible candidates should not be penalized for delays in appointment due to litigation, and are entitled to notional benefits based on merit.
Delayed appointment due to pending litigation unrelated to eligibility should not penalize the petitioner, and relief can be granted based on previous judgments.
Candidates selected based on merit are entitled to notional benefits from the date of selection, regardless of delays caused by litigation.
Entitlement to notional benefits based on delayed appointment due to pending litigation.
The main legal point established in the judgment is the entitlement to notional benefits on account of delayed appointment to similarly situated persons.
Entitlement to notional benefits based on delayed appointment and reliance on previous judgments.
Candidates selected based on merit are entitled to notional benefits, regardless of delays in appointment due to litigation.
Eligibility and selection rights must be honored despite delays caused by litigation, ensuring notional benefits are granted based on merit.
Candidates selected based on merit are entitled to notional benefits from the date of selection, regardless of delays caused by litigation.
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