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Judgment
Mr. Y.S. Jadaun on behalf of Mr. S.K. Gupta, AAG,
counsel for the respondents has contended that on facts and law
the present petition is identical to the case of Shivram Gurjar &
Ors. vs. State of Rajasthan & Ors., SBCWP No.13375/2012,
decided on 9.3.2017.
The order dated 9.3.2017, passed in case of Shivram
Gurjar & Ors. (supra), reads as under:-
"The present writ petition has been filed by five petitioners, who were selected under Probodhak Recruitment Service Rules, 2008, in Primary and Upper Primary Schools. It is contended that the
petitioners successfully completed two years of probation period, thereafter, they were placed in regular pay scale.
The grievance made by the petitioners in the present writ petition is very limited.
The learned counsel for the petitioners has contended that the selection list (Annexure-1) in order of merit was prepared. After preparation of the selection list, petitioners had to join their place of posting after verification of documents.
Mr. S.K. Gupta, the learned Addl. Advocate General has not denied that due to delay in verification of the documents, some persons including petitioners who were placed higher in the select list, joined later than the similarly situated persons, who were placed below in the select list.
In the present writ petition, it is prayed that the seniority and all consequential benefits be granted to the petitioners as per the initial selection list Annexure-1 and merely because some persons joined few days earlier, than the petitioners even though they were placed below in the selection list, they be not permitted to score march over the petitioners.
Mr. S.K. Gupta, Additional Advocate General is in agreement with the petitioner that seniority is to be reckoned not from the date of joining but from the placement of a candidate in the select list.
That being so, this Court appreciate the fair stand taken by the learned counsel for the respondents.
Consequently, the present writ petition is allowed. The respondents are directed to adhere to the select list (Annexure-1) for all intents and purposes including for preparation of the seniority list, dehors of the date of joining by the candidates to the select list Annexure-1."
The learned counsel for the respondent has very fairly
accepted that the present petition is to be allowed in terms of the
order dated 9.3.2017, passed in the case of Shivram Gurjar & Ors.
(supra).
Accordingly, the present petition is allowed, in same
terms as in the order dated 9.3.2017, passed in the case of
Shivram Gurjar & Ors. vs. State of Rajasthan & Ors., SBCWP
No.13375/2012.