1 SBCW NO. 8041/2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.CIVIL WRIT PETITION NO. 8041/2008 Gopal Swaroop Shrotriya Vs. State of Rajasthan and Others Date of Order : : 08.04.2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. Rajendra Charan for the petitioner. Mr. Rajesh Bhati on behalf of Mr. R.L.Jangid, Addl. Advocate Genl. for respondents. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to allow him to join on the post of Prabodhak in pursuance of the order Annex.P-7 dated 28.09.2008. I have heard learned counsel for the parties. The facts and circumstances giving rise to the present writ petition are that the respondent No.2 issued an advertisement for appointment on the post of Prabodhak under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (for short 'the Rules of 2008 hereinafter). The petitioner possessing the requisite qualification as advertised vide advertisement Annex.5 applied for the said post. The petitioner was selected and was interviewed and he was declared successful in the interview as he stood in the merit at serial No.151 and was issued an appointment order dated 28.9.2008 and directed to join on or before 15.10.2008 vide Annex.6 and 7 respectively. However, the petitioner could not receive the intimation of the 2 SBCW NO. 8041/2008 date of joining and therefore, failed to join on or before 15.10.2008 and thereafter when the petitioner approached for joining, he was not allowed to join. Hence this writ petition. By an interim order dated 17.10.2008, the respondents were restrained from cancelling the appointment of the petitioner on the post of Prabodhak in pursuant to the condition that he was required to join services as Prabodhak on or before 15.10.2008. Thus, the appointment order of the petitioner is in force. Even after 15.10.2008 at various districts, appointments on the post of Prabodhak have been allowed by the respondents may be some under the directions of the Court or some on account of waiting list. In the circumstances, therefore, when the petitioner is meritorious and stands on higher merit, there can be no reason not to allow him to join after having been appointed. Consequently, the writ petition is allowed. The respondents are directed to allow the petitioner to join on the post of Prabodhak in pursuance of his appointment order dated 28.9.2008 (Annex.7) forthwith and shall be paid his regular pay and allowance applicable to the post from the date of his joining. (H.R. PANWAR), J. rp 3 SBCW NO. 8041/2008 S.B.Civil Misc. Stay Petition No. 13906/08 In S.B.Civil Writ petition No. 8041/08 Date of Order : 08/04/2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. Rajendra Charan for the petitioner. Mr. Rajesh Bhati on behalf of Mr. R.L.Jangid, Addl. Advocate Genl. for respondents. Since the writ petition itself has been allowed, the stay petition stands disposed of. (H.R. PANWAR), J. rp