Ram Gopal Verma Vs. the State of Rajasthan and anr.

Ram Gopal Verma vs The State of Rajasthan and anr.

Type Court Judgment Court Rajasthan Decided May 28, 2009

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https://sooperkanoon.com/case/769430

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Citation: sooperkanoon.com/769430
Court: Rajasthan High Court
Judge: Narendra Kumar Jain, J.
Decided On: May 28, 2009
Subject: Service

Case Summary

AI-generated summary - not the official court judgment text.

Service Law - Seniority-P.T.I. Grade III-Petitioner was more meritorious than one 'S' who was appointed earlier to petitioner-Held, It is directed that petitioner will be appointed from the date, a less meritorious person was appointed and he will be assigned the seniority on the post of P.T.I. Grade III above 'S'-H...

Key legal issue: Service

Parties & Advocates

Appellant / Petitioner

Ram Gopal Verma

Respondent

The State of Rajasthan and anr.

Legal References

Reported In: 2009(3)WLN174

Excerpt

service law - seniority-p.t.i. grade iii-petitioner was more meritorious than one 's' who was appointed earlier to petitioner-held, it is directed that petitioner will be appointed from the date, a less meritorious person was appointed and he will be assigned the seniority on the post of p.t.i. grade iii above 's'-however, petitioner will not be entitled to any arrear of salary or other allowances. - .....the learned counsel for the petitioner restricted his argument to the extent that he should be given the benefit of seniority for the date his junior person surendra kumar kasba was appointed on the said post. he referred annexure-2, the appointment order of surendra kumar kasba, whose name appears at sr. no. 6 and in column no. 6 his percentage has been mentioned 83.66%. from annexure-r/1, the percentage of petitioner has been shown in column no. 6 as 83.69%.5. from the above facts, it is clear that the petitioner was more meritorious than surendra kumar kasba, who was appointed vide order dt. 08.09.2003 (annexure-2).6. the learned counsel for the petitioner submits that petitioner will not claim any arrears of salary or other allowances, but at-least his seniority may be maintained.7. the learned counsel for the state has not seriously opposed the reasonable prayer of the petitioner, as contended above.8. after considering the submissions of learned counsel for the parties and all the facts and circumstances, the writ petition is partly allowed and it is directed that the petitioner will be appointed from the date, a less meritorious person was appointed and he will be assigned the seniority on the post of p.t.i. grade-iii above shri surendra kumar kasba, whose name has been mentioned at sr. no. 6 (merit no. 33) in the order dt. 08.09. 2003 at appropriate place looking to the merit of the petitioner. however, the petitioner will not be entitled to any arrears of salary or other allowances as agreed by him and on the principle 'no work no pay'.9. the parties are directed to bear their own cots.10. in view of above, the stay application, filed therewith, does not survive and the same also stands disposed of.

Full Judgment

Narendra Kumar Jain, J.

1. At the request of learned Counsel for the parties, the arguments were heard and writ petition is being disposed of finally.

2. The petitioner preferred this writ petition with a prayer that respondents be directed to consider the case of the petitioner and to appoint him on the post of P.T.I. Grade-III from the date his junior person namely Surendra Kumar Kasba has been appointed.

3. A notice to show cause was given to the respondents and in response thereto they have filed reply to the writ petition, wherein it has been stated that petitioner has been appointed on the post P.T.I. Grade-III vide order dt. 29.03.2004 (Annexure-R/1).4. In view of appointment order (Annexure-R/1), the learned Counsel for the petitioner restricted his argument to the extent that he should be given the benefit of seniority for the date his junior person Surendra Kumar Kasba was appointed on the said post. He referred Annexure-2, the appointment order of Surendra Kumar Kasba, whose name appears at Sr. No. 6 and in column No. 6 his percentage has been mentioned 83.66%. From Annexure-R/1, the percentage of petitioner has been shown in column No. 6 as 83.69%.5. From the above facts, it is clear that the petitioner was more meritorious than Surendra Kumar Kasba, who was appointed vide order dt. 08.09.2003 (Annexure-2).

6. The learned Counsel for the petitioner submits that petitioner will not claim any arrears of salary or other allowances, but at-least his seniority may be maintained.

7. The learned Counsel for the State has not seriously opposed the reasonable prayer of the petitioner, as contended above.

8. After considering the submissions of learned Counsel for the parties and all the facts and circumstances, the writ petition is partly allowed and it is directed that the petitioner will be appointed from the date, a less meritorious person was appointed and he will be assigned the seniority on the post of P.T.I. Grade-III above Shri Surendra Kumar Kasba, whose name has been mentioned at Sr. No. 6 (merit No. 33) in the order dt. 08.09. 2003 at appropriate place looking to the merit of the petitioner. However, the petitioner will not be entitled to any arrears of salary or other allowances as agreed by him and on the principle 'no work no pay'.

9. The parties are directed to bear their own cots.

10. In view of above, the stay application, filed therewith, does not survive and the same also stands disposed of.

Same Court & Year Rajasthan · 2009 Same Parties Ram Gopal Verma vs The State of Rajasthan and anr. Same Subject Service Same Judge Narendra Kumar Jain, J.

Service