HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 9523/2010

Pramod Bharti

----Petitioner

Versus

State Of Raj. and Ors.

----Respondents

For Petitioner(s)

:

Mr. V.R. Choudhary

For Respondent(s)

:

Mr. K.K. Bissa, AGC with

Mr. G.S. Chouhan

HON'BLE MS. JUSTICE REKHA BORANA

Order

05/08/2022

The present writ petition has been filed against the

impugned order dated 05.10.2010 whereby the services of the

petitioner were sought to be terminated on the ground that he did

not possess the teaching experience of five years prior to his

obtaining the qualification of B.Ed and secondly that he obtained

marks less than the cut-off marks required for the OBC Category.

Learned counsel for the petitioner submitted that three

similarly situated employees namely Lalit Kumar Dave, Rajveer

Singh and Malam Singh had, against the order of their termination

preferred writ petitions before this Court being S.B. Civil Writ

Petition Nos.6908/2017, 6909/2017 & 6910/2017 which were

allowed vide order dated 04.12.2017. Learned counsel submitted

that the present petitioner being a similarly situated employee

from all aspects, his writ petition too deserves to be allowed in

term of Lalit Kumar Dave’s judgment.

(2 of 2)

[CW-9523/2010]

It is clear on record that Lalit Kumar Dave and others were

also appointed vide the same appointment order dated

22.07.2010 vide which the petitioner was accorded appointment.

They were also terminated on the same ground i.e. having marks

below the cut-off marks as prescribed for the general category.

The said termination order of those persons was quashed and set

aside vide order dated 04.12.2017. Therefore, the present case is

squarely covered by Lalit Kumar Dave’s case (supra).

Learned counsel for the respondents is not in a position to

refute the above factual and legal aspect.

In view of the ratio as laid down in Lalit Kumar Dave’s case

(supra) the present writ petition is allowed.

The impugned order dated 05.10.2010 is quashed and as the

petitioner is continuing in service by virtue of the interim order

dated 20.10.2010, the respondents are directed to extend all the

consequential benefits to him.

(REKHA BORANA),J

22-Dharmendra/-