BHARAT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. Bishnoi, learned counsel for the petitioners submits that for the same recruitment, Jaipur Bench of this Court in the case of Om Prakash and Ors. v. State of Rajasthan and Ors. : S.B. Civil Writ Petition No.21214/2017, vide its order dated 21.11.2017 granted relief to the petitioners following the judgment in the case of Hemlata Shrimali and Ors. v. State of Rajasthan and Ors. : S.B. Civil Writ Petition No.3247/2015, decided on 1.4.2015, which was based upon adjudication made in the case of Suman Bai and Anr. v.State of Rajasthan and Ors. : 2009 (1) WLC (Raj.) 381.

(2.) Stating that Coordinate Bench has decided many of petitions, without issuing notices to the respondents (SB Civil Writ Petition No.21214/2017), learned counsel submits that the present writ petition may also be decided in light of judgment in the case of Om Prakash (supra). Relevant part of the order in case of Om Prakash (supra) reads thus :

(3.) Mere appointment of the petitioner was a sufficient compliance of the judgment and not total compliance was the view taken by this Court also when contempt petition filed by the petitioners was dismissed. Question with regard to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would obviously give rise to a afresh cause of action. The writ petition filed by the petitioners, therefore, cannot be thrown either barred by resjudicata or otherwise improperly constituted.