[2025:RJ-JP:29257] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5657/2023 Vishram Singh Gurjar S/o Shri Bane Singh Gurjar, Aged About 40 Years, R/o Village And Post Dubbi, Tehsil Sikrai, District Dausa (Raj.). ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Secondary Education, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.). 2. The Director, Department Of Secondary Education, Govt. Of Rajasthan, Bikaner (Raj.). 3. The Rajasthan Public Service Commission, Through Its Secretary, Ghoogra Ghati, Ajmer (Raj.). 4. Ram Swaroop Singh, Roll No. 337867, Merit No. R-819, Through The Director, Department Of Secondary Education, Govt. Of Rajasthan, Bikaner (Raj.). 5. The Joint Director, Department Of Secondary Education, Govt. Of Rajasthan, Bikaner (Raj.). ----Respondents For Petitioner(s) : Mr. Akshit Gupta For Respondent(s) : Mr. M.F. Baig Ms. Namita Parihar, Dy. GC HON'BLE MR. JUSTICE SUDESH BANSAL Order 31/07/2025 1. By means of filing instant writ petition, petitioner raised a grievance of not considering his candidature for appointment on the post of Senior Teacher (Grade II) (Social Science) under Ex-serviceman category, pursuant to advertisement dated 09.04.2018 and simultaneously, an appointment order dated 28.03.2023, issued in favour of Sh. Sanjay Kumar, who is stated to be less meritorious candidate than the petitioner, has also been challenged. 2. During course of arguments, counsel for both parties admit that in the meantime, petitioner's candidature has also been considered on [2025:RJ-JP:29257] (2 of 2) [CW-5657/2023] merits and he has been given appointment vide order dated 21.09.2023. Hence, in that view, challenge to the appointment order dated 28.03.2023, appointing Sh. Sanjay Kumar, has rendered infructuous and since petitioner has got appointment, his grievance in that aspect, also stands satisfied. 3. Now the only issue survives is in respect of claiming consequential benefits by petitioner. 4. Since petitioner came up with a case that a person, who is less meritorious than the petitioner viz. Sh. Sanjay Kumar, has been appointed vide order dated 28.03.2023, and the candidature of petitioner has not been considered, but now petitioner has also been given appointment on 21.09.2023, therefore, petitioner is held entitled for consequential benefits, notionally, w.e.f. date of appointment order, issued in favour of Sh. Sanjay Kumar, i.e. 28.03.2023. 5. In such view of the matter, it is hereby directed that petitioner shall be entitled for actual monetary benefits from the date of his joining/ appointment dated 21.09.2023, however, for the previous period, he shall be entitled for notional benefits w.e.f. 28.03.2023, from the date when person less meritorious to petitioner was given appointment. 6. With the aforesaid, instant writ petition stands disposed of. 7. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/S-252