IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.6880/1997. Gajraj Singh Versus State of Rajasthan & Ors. Date of Order:- March 5, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Manoj Pareek for the petitioner. Shri Ajeet Kumar Sharma with Shri Manoj Sharma for the respondents. **** BY THE COURT:-
Contention of the learned counsel for petitioner is that petitioner filed a civil suit in the court of learned Additional District Judge No.1, Kota which was decreed in favour of the petitioner on 19/5/1988. Administrator passed an order on 22/11/1993 directing that petitioner shall be entitled to promotion and that the petitioner, who was originally appointed as Surveyor was being lateron paid in the pay scale of the post of Engineer Subordinate and now pursuant to the order of the Director Local Bodies Rajasthan dated 2/12/1991, he shall be entitled to the benefit of promotion on the post of Engineer Subordinate w.e.f. 19/11/1988. This order was later on modified by the Commissioner Nagar Nigam Kota vide subsequent order dated 13/1/1994 to say that instead of 19/11/1988, petitioner shall be entitled to the benefit of promotion w.e.f. 20/2/1981. Grievance of the petitioner is that respondents when issued provisional seniority list of Engineer Subordinate on 21/5/1997 did not include the name of the petitioner therein. Petitioner filed objections thereto but despite that his name was still not included in the final seniority list dated 6/11/1997.
Learned counsel for the respondents has opposed the writ petition but was not in a position why when under order of the government earlier, petitioner was held entitled for benefit of promotion w.e.f. 20/2/1981, his name was excluded from the seniority list of the Engineer Subordinate.
Having regard to the peculiar facts of the case and considering the fact that respondents themselves have passed the order granting benefit of promotion to the petitioner w.e.f. 20/2/1981 in terms of order of ADJ Kota, this writ petition is disposed of with direction that his case shall be examined afresh by the Director Local Bodies for Rajasthan who shall after examining the judgment of Civil Court pass fresh order with regard to inclusion of the name of the petitioner in the same list so as to extend full benefits of the judgment to the petitioner and give effect to the orders earlier passed on 2/12/1991 and referred to in the order of Administrator Nagar Nigam Kota dated 22/11/1993.
Compliance of the judgment shall be made within a period of three months from the date copy of this judgment is produced before the respondents.
(MOHAMMAD RAFIQ), J.
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