LALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner applied for the post of Physical Education Teacher Grade-II pursuant to the Advertisement dtd. 27/8/1998. In the final merit list published by the respondents, the name of the petitioner was shown at serial No. 2. However, the petitioner was not appointed on the count that the qualification possessed by the petitioner from Nagpur University is not equivalent to Bachelor degree in Physical Education. The petitioner being aggrieved by the denial of appointment preferred writ petition before this Court being S.B.C.W. No. 1133/1999 (Lala Ram v. State of Rajasthan and Ors.).

(2.) This Court was pleased to allow the writ petition vide order dtd. 22/9/2005 holding that the qualification of B.P.Ed. obtained by the petitioner from Nagpur University is a valid qualification for appointment on the advertised post. The operative portion of the judgment dtd. 22/9/2005 reads as under:

(3.) The respondent in compliance of the order dtd. 22/9/2005 passed by co-ordinate Bench of this Court, issued an order of appointment dtd. 26/11/2007 in favour of the petitioner. The petitioner thereupon joined duties with the respondent-department w.e.f. 29/11/2007. After joining duties, the petitioner submitted representation to the respondent-department requesting service benefits including seniority and pay fixation with effect from the date when candidates lower in merit to him were given appointment. It was categorically mentioned in the representation that persons lower in merit from him were given appointment w.e.f. 11/3/1999, therefore his services in the department should be counted from the said date.