RANVEER SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By the order dated 15.01.2014 the learned Single Bench dismissed the petition for writ being filed after a delay of 16 years. In appeal, the arguments advanced by learned counsel for the appellant is that the learned Single Bench erred while dismissing the petition for writ on the ground of delay in view of the fact that the cause arose for the petitioner in the year 2010. In brief facts of the case are that the appellant petitioner entered in service of Swami Keshwanand Mahavidhyalaya, Sangaria District Hanumangarh in the year 1986. Subsequent to him under an order dated 01.10.1986, one Shri K.L. Godara was also appointed as Lecturer in the subject of Economics. Shri K.L. Godara was promoted as Principal of Swami Keshwanand College, Sangariya somewhere in the year 1995. The services of the petitioner then were utilized as Lecturer in the subject of Economics against the post occupied by Shri K.L. Godara. The petitioner then submitted several representations to the competent authority of the State Government to allow aid against the post under his occupation. During the pendency of the cause of the petitioner with regard to grant of aid the Rules namely " Rajasthan Voluntary Rural Educational Service Rules, 2010" came into force. As per provisions of Rules of 2010, the persons who were working with non -Government Aided Institutions against aided posts were to be absorbed at an equivalent posts under a Government Educational Institution. The case of the petitioner was not considered for such absorption as he was working against the post which was not receiving aid, in this factual background, the petitioner preferred the petition for writ with a prayer to have a direction for the State to approve his appointment and also to grant aid against that post the petitioner also sought a direction for absorption of his services to a Government institution in accordance with the Rules of 2010.

(2.) Having considered the factual background noticed above, we are of the view that the cause of the petitioner though was partly arose in the year 1995 when Shri K.L. Godara was promoted as a Principal but that remained in currency till non grant of the aid against which he was working. Sufficient to mention that the case of the petitioner was under consideration before the competent authority. In view of it, there was no delay on the part of the petitioner in agitating his cause. The appeal, thus, deserves acceptance. Accordingly, the same is allowed. The order dated 15.01.2014 passed by the learned Single Bench is set aside. The writ petition is remanded to learned Single Bench for its adjudication on merits.