Raj HC | Candidates in the lower order of merit cannot become entitled to benefits merely because they had approached court earlier 

Rajasthan High Court: The Bench of Arun Bhansali, J., allowed a petition filed with the prayer to extend to the petitioners same benefits of service which were granted to the candidates who stood lower in merit than the petitioners. 

The facts of the case were that there were appointments made and the petitioners contended that they should be given the same benefits as those who stood lower in the merit. They had approached the respondents for extending the same benefits of service which were granted to the candidates who stood lower in merit than the petitioners but nothing was done in this regard.  They placed reliance on Manoj Khandelwal v. State of Rajasthan, S.B.C.W.P. No. 7283/2014, which dealt with the same matter and relief was granted by the Court. 

The Court allowed the petition and ordered to extend them the relief as prayed for, as the candidates, who stood lower in merit, were getting the benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. It was further ordered that if the respondent decided to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits. [Satveer Singh v. State of Rajasthan, S.B. Civil Writ Petition No. 5951/2019, Order dated 02-05-2019]

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