[2025:RJ-JP:6595] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4382/2018 1. Principal Secretary Medical Education, Secretariat, Jaipur. 2. Principal and Controller, SMS Hospital and College and Controller attached Hospital Jaipur. 3. Superintendent Mahila Chikitsalaya Sanganeri Gate Jaipur. ----Petitioners Versus 1. Gyarsi Lal Sharma S/o Shri Jagannath Sharma, aged about 57 years, R/o Village Dhami Kalan, Bagru Tehsil Sanganer District Jaipur Presently Posted as Ward Boy Working at Mahila Chikitsalaya Sanganer Gate Jaipur. 2. Shri Mahesh Kumar Sharma LDC Sawai Man Singh Medical College and Controller Eye Department Jaipur. 3. Shri Hemraj Maharishi LDC Sawai Man Singh Medical College and Controller Library Jaipur. ----Respondents For Petitioner(s) : Mr. Vigyan Shah-AAG For Respondent(s) : Mr. Akhil Simlote JUSTICE ANOOP KUMAR DHAND Order 14/02/2025 1. By way of filing this writ petition, a challenge has been led to the impugned award dated 20.11.2017 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short, ‘the Tribunal’) by which the appeal submitted by the respondent No. 1 has been allowed and the petitioners has been directed to grant the same service benefit to the respondent No.1 which has already been granted to the persons junior to him. [2025:RJ-JP:6595] (2 of 3) [CW-4382/2018] 2 The respondent No. 1 submitted an appeal before the Tribunal with the averments that two junior persons namely Mahesh Kumar Sharma and Hemraj Maharishi were granted promotion from the post of Lower Division Clerk (LDC) to the post of Upper Division Clerk (UDC) overlooking the seniority of the respondent No. 1. Considering the overall facts and circumstances of the case, the appeal was allowed and a direction was issued to the petitioner for granting the same benefits to the respondent No.1 which were extended to the above junior persons. 3. Aggrieved by the aforesaid order, the petitioner has approached this Court. 4. It has been apprised at Bar that during the pendency of this petition, the benefit of seniority and all consequential benefits have been granted to the respondent No. 1 and he has retired, after attaining the age of superannuation. Now the only question which remains for consideration before this Court is that as to whether the respondent No. 1 was entitled to get the benefit of seniority or not. 5. Looking to the facts and circumstances of the case that the benefits have already been extended and he has already retired from service, from temporary post after availing all consequential benefits, this Court does not deems it just and proper to interfere with the order passed by the Tribunal, accordingly, the present writ petition is hereby dismissed. 6. Stay application and all pending application(s), if any, also stand dismissed. [2025:RJ-JP:6595] (3 of 3) [CW-4382/2018] 7. Before parting with this order, it is made clear that the order passed by the Tribunal and this Court should not be treated as precedent in the other matter. (ANOOP KUMAR DHAND),J Ashu/41