LAWS(RAJ)-2023-5-105

RAM KUMAR Vs. STATE OF RAJASTHAN

Decided On May 11, 2023
RAM KUMAR Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The present writ petition has been filed with the following prayers :-

(2.) Learned counsel for the petitioners submits that the petitioners being eligible for appointment on the post of LDC applied for selection in pursuance of the advertisement issued by the Department in the year 2013. The petitioners after being selected were appointed on the post of LDC in Panchayat Samiti Mundwa on 27/6/2013. Learned counsel submits that now the Department is preparing a seniority list of the LDC, which will be considered for promotion to the post of UDCs in the Department. Learned counsel submits that while preparing the seniority list, the respondent-Department is not taking into consideration the date of joining on the post of LDC and instead of the seniority list is being prepared considering the merit position of the candidates in the examination held in the year 2013. Learned counsel submits that in other Districts of the State of Rajasthan, the seniority lists of the LDCs are being prepared considering the date of joining on the post of LDC. He submits that the State Government vide circulars dtd. 16/03/2022 and 15/11/2022 has clarified the situation that while preparing the seniority list of the LDCs, date of joining should be taken into account. He submits that despite two circular/notification having been issued by the State Government, the respondents in the present case are preparing the seniority list in accordance with the merit list of the selections conducted by them in the year 2013. In these circumstances, learned counsel prays that the respondents may be directed to prepare the seniority list in accordance with the Rules on the subject and considering the circulars/notifications issued by the State Government on 16/03/2022 and 15/11/2022 and the petitioners may be permitted to file a detailed representation to the respondent No.2 for redressal of their grievances.

(3.) Learned counsel for the respondents is not in a position to controvert the submissions made by learned counsel for the petitioners and he assures this Court that in the event of a representation being filed by the petitioners, the same shall be considered and decided strictly in accordance with law including the circulars of 16/03/2022 and 15/11/2022 and any other latest circulars issued by the State Government on the subject holding the field.