VINIT KUMAR MATHUR
Narendra Singh S/o Shri Badridan Charan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Heard learned counsel for the parties.
2. The case is listed on the second stay application, however, with the consent of learned counsel for the parties, the writ petition itself is taken up for hearing and final disposal.
3. The present writ petition has been filed against the order dated 14.11.2007, whereby, the respondent authorities had denied the benefits of seniority, pension, etc. to the petitioner.
4. Briefly noted the facts in the present writ petition are that the respondents vide advertisement dated 23.01.1996 published vacancies of Sub Inspector of Police (A.P.) and Platoon Commander (Sub Inspector RAC) under the Rajasthan Police Subordinate Rules, 1989. The petitioner applied for the same and appeared in the examination conducted for the purpose in the selection process. He secured 397th position in ‘General’ category and 67th position in ‘OBC’ category. Since the petitioner was not given appointment as per his merit position in OBC category, he preferred a writ petition before this Court being S.B. Civil Writ Petition No.3170/1998. The writ petition was decided by this Court vide order dated 01.06.2005 with a direction to the respondents to consider the candid
A candidate wrongfully denied appointment is entitled to notional seniority from the date their junior was appointed, ensuring fairness in the recruitment process.
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.
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.
Entitlement to notional benefits based on delayed appointment and reliance on previous judgments.
Candidates who are eligible and selected cannot be denied appointment and related benefits due to delayed appointment caused by external factors.
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, regardless of delays in appointment due to litigation.
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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