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2025 DAILYLAW 43323 (RAJ)

DR. ABHISHEK GOYAL S/O SHRI DAYA RAM VAISHY v. STATE OF RAJASTHAN

CW/14225/2025 · 2025-11-18

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:46534] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14225/2025 1. Dr. Abhishek Goyal S/o Shri Daya Ram Vaishy, Aged About 52 Years, R/o P-20, P-Block Narayan Vihar Ajmer Road, Jaipur. 2. Dr. Vijendra Shrimal S/o Shri Kailash Chand Shrimal, Aged About 44 Years, R/o 24-A, Shiva Colony Tonk Phatak, Jaipur-302015. 3. Dr. Yogendra Singh Chauhan S/o Shri Prathvi Singh Chauhan, Aged About 46 Years, R/o Near Post Office Sar Mathura, District Dholpur-328026. 4. Dr. Mohammad Ashfaque S/o Shri Khurshid Hussain, Aged About 46 Years, R/o Fateh Manjil, Naharshah Road Jhunjhunu, Rajasthan-333001 5. Dr. Keshav Kumar Parashar S/o Shri Laxmi Naryan Parashar, Aged About 51 Years, R/o Royal Kristal Apartment, Flat No. 501, Sector-2 Chitrakoot, Vaishali Nagar, Jaipur. 6. Dr. Bhupesh Kumar S/o Shri Om Prakash Suthar, Aged About 46 Years, R/o C/o 1-C, Vishnu Vihar Green Nagar Behind Dalda Factor Durgapura, Jaipur. 7. Dr. Jai Prakash Partani S/o Shri Dinesh Chandra Partani, Aged About 48 Years, R/o Post Office Road, Behind Tej Bhawan Bhawani Mandi, Jhalawar-326502 ----Petitioners Versus 1. State Of Rajasthan, Through Its Principal Secretary To The Government Of Rajasthan, Department Of Animal Husbandry, Secretariat, Jaipur-302005 2. Director, Animal Husbandry Department, Rajasthan, Tonk Road, Jaipur-302015. ----Respondents For Petitioner(s) : Mr. Rakesh Kumar Sharma, Adv. For Respondent(s) : Ms. Minakshi Jain, GC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN [2025:RJ-JP:46534] (2 of 3) [CW-14225/2025] Order 18/11/2025 1. This instant writ petition is preferred by the petitioners with the following prayer: “It is therefore, prayed that this Writ Petition may kindly be allowed and record of the case may be called for and examine the same and (a) by an appropriate writ order or direction the respondents may be directed to grant the benefit to the petitioners from joining date 25.05.2009 i.e. the date of joining the last selected and appointed candidate of recruitment year 20098 in the facts of the case with all consequential benefits. (b) by an appropriate writ order or direction the respondents may be directed to treat the joining date 25.05.2009 of the petitioners i.e. the date of joining of last selected and appointed candidate in the main list of recruitment year 2009 and may be counted their probation period by treating their service notional from joining date 25.05.2009 with all consequential benefits. (c) by an approriate writ order or direction the respondents may be directed to pay 12% interest on the arrears writ all consequential benefits. (d) Any other appropriate writ, order or direction which may be considered just and proper in facts and circumstances of the case may kindly also be issued in favour of the petitioners.” 2. Learned counsel for the petitioners while placing reliance upon the order dated 04.07.2023 in S.B. Civil Writ Petition No.4506/2022 titled as Annsureya Hatila Vs. State of Rajasthan & Ors. submits that the petitioners were given appointment pursunat to order dated 18.01.2012 in S.B. Civil Writ Petition Nos.9015/2009 and 11701/2009 but the persons junior to them were appointed prior to appointment of present petitioners and now they are drawing more salary than the petitioners. 3. Learned counsel further submits that the petitioners are entitled for notional benefits as settled by the Division Bench of [2025:RJ-JP:46534] (3 of 3) [CW-14225/2025] this Court in the case of State of Rajasthan Vs. Anil Bishnoi and other connected matters (DB Special Appeal Writ No.286/2021) and further extended in the case of Annsureya Hatila (supra). 4. Learned counsel appearing on behalf of respondents submits that if the petitioners are entitled then they may submit a representation and same shall be considered in the light of the judgment as referred by learned counsel for the petitioner and if the petitioners are entitled, the notional benefits shall be extended to the petitioners. 5. Having considered aforesaid the writ petition is disposed of in terms of judgment in the case of State of Rajasthan Vs. Anil Bishnoi (supra) and further relied in the case of Annsureya Hatila Vs. State of Rajasthan & Ors. (supra). The respondents are directed if the ratio is applicable and the petitioners are entitled after examination, for notional benefits then they shall be extended otherwise a reasoned and well-speaking order be passed on demand of the petitioners and same be communicated to the petitioners. Needless to say that the exercise be completed within 60 days from the date of receipt of copy of this order. 6. If petitioners are aggrieved they are free to reapprocah this Court with a fresh petition. 7. With aforesaid, the S.B. Civil Writ Petition stands disposed of with pending application(s), if any. (ASHOK KUMAR JAIN),J TANISHA /419