GIRIRAJ GUJRATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant intra court appeal is preferred by the appellantwrit petitioner for assailing the order dtd. 22/12/2022 passed by the learned Single Bench whereby, the writ petition seeking a direction upon the respondents to consider the experience certificate issued by Social Justice and Empowerment Department in favour of the appellant-writ petitioner for grant of bonus marks against the post of Lower Division Clerk (LDC) pursuant to the advertisement dtd. 16/2/2013, was dismissed.

(2.) Briefly stated facts of the case are that the appellant-writ petitioner was appointed as Computer Operator on daily-wages basis by placement agency (Madhu Advertiser's) on contract basis w.e.f. 1/10/2019 in the office of Assistant Director, Social Justice and Empowerment Department, Bhilwara. By an order dtd. 2/10/2010, twenty nine activities/schemes of various departments including Social Justice and Empowerment Department were transferred to the Department of Rural Development and Panchayati, Government of Rajasthan with functionaries and funds for their effective implementation, in light of 73rd Amendment to the Constitution of India. The case set up by the appellant is that in furtherance of order dtd. 2/10/2010, he was directed to work under direct supervision of the officials of Panchayati Raj Department for implementation of the schemes transferred from Social Justice and Empowerment Department. An advertisement dtd. 16/2/2013 was issued for LDC Recruitment, 2013 wherein a computer operator working with Panchayati Raj Department having experience of more than one year was held entitled for bonus marks seeking appointment on the advertised post. The appellant-writ petitioner submitted the application form and claimed bonus marks for the experience gained by him while working as Computer Operator through placement agency in the respondent-department. The recruiting agency denied bonus marks to the appellant on the count that he was not appointed by Panchayati Raj Department either directly or through placement agency in any of its activities/schemes.

(3.) The learned Single Bench by the impugned order dtd. 22/12/2022 dismissed the writ petition filed by the petitioner claiming bonus marks for the experience gained by him holding that he had not worked under MGNREGA or any other schmes of Panchayati Raj Department and therefore, he was not entitled for bonus marks while seeking appointment on the post of LDC, in furtherance of the advertisement dtd. 16/2/2013. The order dtd. 22/12/2022 is assailed in this intra court appeal.