HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Shiv Lal Suthar, S/o Shri Kalu Ram Suthar – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Department Of Rural And Panchayati Raj, Government Of Rajasthan – Respondent
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Order :
(REKHA BORANA, J.)
1. Learned counsel for the petitioner submits that the controversy in question rests covered by the judgment passed by a Co-ordinate Bench of this Court in Satdev Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.9899/2019 (decided on 25.07.2020).
2. The Co-ordinate Bench in the case of Satdev (supra) held as under:
“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 t
Eligibility and selection in recruitment entitle candidates to notional benefits from the date of appointment of similarly situated individuals, regardless of delays due to litigation.
Delayed appointment due to unrelated litigation should not penalize the eligible candidate, and relief can be granted based on similar case judgments.
Point of law: Question with regard to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would obviously give rise to a afresh cause of action.
Candidates selected based on merit are entitled to notional benefits from the date of selection, regardless of delays caused by litigation.
Merit-based appointments must be respected, and delays due to litigation should not affect the entitlement to benefits for eligible candidates.
Delayed appointment due to pending litigation unrelated to eligibility should not penalize the petitioner, and relief can be granted based on previous judgments.
Eligible candidates should not be penalized for delays in appointment due to litigation, and are entitled to notional benefits based on merit.
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.
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