CW – 1660/1997 - Shiv Giri Goswami Vs. State of Rajasthan &Ors. Judgment dt.6.1.09 1/3 S.B. CIVIL WRIT PETITION NO.1660/1997 Shiv Giri Goswami Vs. State of Rajasthan &Ors. Date of Order : 6th January, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Ravi Bhansali with Mr. Vivek Shrimali for the petitioner. Mrs. R.R. Kanwar, Addl. Government Counsel. Mr. Khet Singh for Mr. J.P. Joshi for R.P.S.C. --------- 1. By this writ petition, the petitioner has claimed that though he was given the appointment order on 19.3.1996 appointing various persons including the petitioner at serial No.9 in the order dated 19.3.1996 Annex.2 as LDC in the Medical and Health Department but he was not allowed to join his duties as the respondent No.6 – Superintendent, Sayukt Chiktsalaya Sangh, Udaipur insisted upon him to bring his age certificate as he appeared to be over age. Ultimately the petitioner was allowed to join his duties in pursuance of said appointment order in the year 1998 vide Annex.18 dated 12.10.1998 after the lapse of about 2 and half years. 2. Learned counsel for the petitioner submits that there was no impediment in the way of the petitioner and he ought to have been allowed to join his duties soon upon his appointment order in the year 1996 itself as the condition of age limit applied to only to those applicants who had passed examination in 1986 whereas the petitioner never appeared in any examination of the year 1986. He was otherwise also selected for the said post through RPSC and was CW – 1660/1997 - Shiv Giri Goswami Vs. State of Rajasthan &Ors. Judgment dt.6.1.09 2/3 so appointed and therefore, the impugned action of the Superintendent, respondent No.6 in not allowing him to join his duties in the year 1996 itself was without any reason and subsequently also he was allowed to join his duties on 12.10.1998 without any further condition imposed upon him. Since 1998, he was continuously working on the said post. 3. Learned counsel for the petitioner further submitted that if the petitioner may be allowed the benefit of seniority from the date of appointment 19.3.1996. 4. Learned counsel for the respondent opposes this submission and states that the petitioner would be not entitled to any consequential monetary benefits for the said period. 5. This Court finds no justification in delaying the joining of duty of the petitioner for 2½ years. This writ petition is allowed to the extent that the petitioner having been appointed as LDC on 19.3.1996 shall be deemed to be in service of the respondent department since 19.3.1996 and shall be entitled to consequential seniority with effect from the said date. However, the petitioner shall not be entitled to any monetary benefits for the said period of 2 and half years between 19.3.1996 and 25.9.1998 when he joined his duty as per Annex.18 dated 12.10.1998 but will be given only notional fixation and seniority for the said period. 6. With these observations, this writ petition is allowed. No order as to costs. CW – 1660/1997 - Shiv Giri Goswami Vs. State of Rajasthan &Ors. Judgment dt.6.1.09 3/3 [ DR. VINEET KOTHARI ], J. item No.18 babulal/-