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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
Manoj Kumar Sharma S/o Jagannath Sharma – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. All the above writ petitions involve almost similar facts, same cause of action and questions for consideration; therefore, they have been heard together and are being decided by this common order. For convenience, facts stated in S.B. Civil Writ Petition No. 4779/2025 are being taken into consideration.
2. The petitioners have come out a prayer that the respondents be directed to grant the petitioners notional seniority and notional pay fixation with effect from the year 2018-2019 i.e. the year when the other similarly situated persons were appointed on the post of Teacher Grade-III Level-II.
3. It is stated that one advertisement was issued in the year 2016, whereby applications were invited from all eligible candidates for recruitment on the post of Teacher Grade-III on as many as 4960 vacancies. It is submitted that although, Rajasthan Educational Subordinate Service Rules, 1971 (for short ‘the Rules of 1971’) provides for preparation of waiting list to the extent of 50% of the vacancies advertised, yet such list was not prepared at the relevant time and despite the fact that number of candidates, who were included in the main select list and were als
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 due to pending litigation.
Entitlement to notional benefits based on delayed appointment and reliance on previous judgments.
Candidates selected based on merit are entitled to notional benefits from the date of selection, regardless of delays caused by litigation.
Candidates selected based on merit are entitled to notional benefits, regardless of delays in appointment due to litigation.
Merit-based appointments must be respected, and delays due to litigation should not affect the entitlement to benefits for eligible candidates.
Candidates who are eligible and selected cannot be denied appointment and related benefits due to delayed appointment caused by external factors.
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