[2023:RJ-JD:35743] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2682/2019
1. Vijender Kumar S/o Jai Veer Singh, Aged About 28 Years, R/o Village Mithi Redu, Tehsil Rajgarh, District Churu.
2. Govind Sahay Bairwa S/o Mangal Ram Bairwa,, Aged About 27 Years, R/o Village Turwada, Post Abhaneri, Tehsil Baswa, District Dausa.
3. Suresh Kumar S/o Om Prakash Leel,, Aged About 27 Years, R/o Village Binchawa, Tehsil Didwana, District Nagaur.
4. Manohar Lal Bishnoi S/o Hari Ram,, Aged About 29 Years, R/o Village Kervi, Post Pur, Tehsil Sanchore, District Udaipur.
5. Kailashi Meghwal W/o Pushkar Meghwal,, Aged About 37 Years, R/o Savina, Near Power House, Purani Phatak, Udaipur.
6. Dileep Kumar Yadav S/o Prahlad Singh Yadav,, Aged About 25 Years, R/o Village Gopalpura, Post Toda, Tehsil Laxmangarh, District Alwar.
7. Ashok Kumar Regar S/o Seduram Regar,, Aged About 25 Years, Permanent R/o Village Kishorepura, Tehsil Neem Ka Thana, District Sikar.
8. Hitesh Labana S/o Chhota Lal Labana,, Aged About 25 Years, R/o Village Govind Dev, Post Adiwali, Tehsil Kherwara, District Udaipur.
9. Monika Sankhala D/o Banshi Lal Sankhala,, Aged About 40 Years, R/o Tilak Nagar, Hiran Magri, Sector No. 8, Udaipur.
10. Pooja Kumari Kala D/o Shri Chittar Mal Kala,, Aged About 28 Years, R/o Vpo Bhadwa, Tehsil Kishangarh, Renwal, District Jaipur.
11. Pratiksha Siroya D/o Bheru Lal Dak W/o Prem Prakash Siroya,, Aged About 45 Years, R/o House No. 14, Babelo Ki Sehri, Ravji Ka Hata, Udaipur.
12. Leela Prajapat W/o Dinesh Kumar Prajapat D/o Ghishu Lal,, Aged About 30 Years, R/o Village And Post Lakhawali, Tehsil Badgaon, District Udaipur.
13. Himmat Lal Lohar S/o Bhuri Lal Lohar,, Aged About 30 (Downloaded on 12/11/2023 at 07:53:54 AM) [2023:RJ-JD:35743] (2 of 7) [CW-2682/2019] Years, R/o Village Dabun, Post Saloda, Tehsil Khamnore, District Rajsamand.
14. Laxmi Sharma W/o Surendra Kumar Sharma,, Aged About 33 Years, R/o Village And Post Meeran, Via Patoda, Tehsil Laxmangarh, District Sikar (Raj.).
15. Satveer Verma S/o Shankar Lal Verma,, Aged About 26 Years, R/o Village Sakrai, Via Gurara, Post Shakambhari, Sakrai, Tehsil And District Sikar (Raj.).
16. Rameshwar Lal S/o Ganpat Lal,, Aged About 29 Years, R/ o Dr. Ambedkar Colony, Behind Banura School, Kuchaman City, District Nagaur.
17. Kundan Singh Meena S/o Ranjeet Singh Meena,, Aged About 29 Years, R/o Village And Post Antela, Via Bhabhru, Tehsil Virat Nagar, District Jaipur.
18. Naresh Rao S/o Phakir Chand,, Aged About 27 Years, R/o Rao Ka Bass, Navchokiya, Sojat City, District Pali. (Posted As Teacher Grade Iii Level-I At Gups, Motavira, P.s. Gogunda, District Udaipur).
19. Sunita Garg D/o Hariram Garg,, Aged About 32 Years, R/o Village And Post Jhama Kotra, Base Camp, Tehsil Girwa, District Udaipur (Raj.).
20. Sampat Kumari D/o Bunteeram,, Aged About 28 Years, R/ o Village And Post Makro, Tehsil Buhana, District Jhunjhunu (Raj.).
21. Liyakat Ali S/o Fateh Mohammad,, Aged About 33 Years, R/o Near Surya Service Station, Purana Kota Road, Kekri, District Ajmer.
22. Mamta Bai Meena W/o Lekhraj,, Aged About 28 Years, R/ o Ward No. 10, Madanganj, Kishangarh, Farasiya Gaon, Kishangarh, District Ajmer.
23. Durga Sharma D/o Bhanwarlal Sharma W/o Devendra Kumar,, Aged About 38 Years, R/o Village Near Vidhya Niketan, Gandhi Mohalla, Village Kuraj, District Rajsamand.
24. Usha Sharma D/o Dharam Pal Sharma,, Aged About 36 Years, R/o Mavli, District Udaipur.
25. Hansraj Sahu S/o Sanwra Teli,, Aged About 29 Years, R/o Village And Post Champaneri, Tehsil Bhinai, District Ajmer.
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26. Kavita Tiwari D/o Rajkumar Tiwari,, Aged About 30 Years, R/o Opp. Girls School, Kotharia, Tehsil Nathdwara, District Rajsamand.
27. Subhash S/o Devi Lal,, Aged About 31 Years, R/o Ward No. 04, Lalanawas, Post Utrada, District Hanumangarh.
28. Moolchand Kilwaniya S/o Bakshi Ram Balai,, Aged About 31 Years, R/o Village Shahwali Dhani (Kirori), Post Udaipurwati, District Jhunjhunu.
29. Paras Ram Meena S/o Prem Lal Meena,, Aged About 28 Years, R/o Village Jyotipura, Post Ghar, Tehsil Dooni, District Tonk.
30. Rameshwar Lal Gayari S/o Bheru Lal Gayari,, Aged About 34 Years, R/o Vpo Badwai, Tehsil Doongla, District Chittorgarh.
31. Dinesh Chandra Teli S/o Amar Chand Teli,, Aged About 30 Years, R/o Vilage And Post Gadoli, Tehsi Mavli, District Udaipur.
32. Neetu Bala Choubisa D/o Kishan Vallabh,, Aged About 28 Years, R/o Murlidharji Ki Gali, Bhinder, District Udaipur.
33. Bhimraj Meena S/o Prabhu Lal Meena,, Aged About 35 Years, R/o Village Kunchalwara Khurd, Post Tikar, Tehsil Jahazpur, District Bhilwara.
34. Dhirendra Panchal S/o Dayalal Panchal,, Aged About 40 Years, Permanent R/o Village And Post Loharwara, Pratapur, Tehsil Garhi, District Banswara.
35. Mohd. Arif Hussain Chhipa S/o Mohd. Ismail Chhipa,, Aged About 33 Years, R/o 362, Neem Ka Niche, Chhipa Mohalla, Ayad, Udaipur (Raj.).
36. Mukesh Kumar Regar S/o Udai Lal Regar,, Aged About 31 Years, R/o 107, Hospital Ke Pichhe, Bhinder, Tehsil Vallabh Nagar, District Udaipur.
37. Ashok Kumar S/o Manji Nayak,, Aged About 29 Years, R/o Village And Post Mor, Tehsil Garhi, District Banswara.
38. Mukana Ram S/o Sura Ram,, Aged About 33 Years, R/o Gangapura, Bherudi, Tehsil Chohtan, District Barmer.
39. Pappu Ram S/o Ganpat Ram,, Aged About 27 Years, R/o Village And Post Reengush, Tehsil Shri Madhopur, District Sikar (Raj.).
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40. Narendra Kumar Rao S/o Heera Lal Rao,, Aged About 40 Years, R/o Vpo Dhundia, Post Dhundia, Via Bhinder, District Udaipur.
41. Satish Prakash Singh S/o Ramcharan,, Aged About 25 Years, R/o 189, Ward No. 03, Jatav Mohalla, Ranph, District Bharatpur.
42. Devkishan Gurjar S/o Ramlal Gurjar,, Aged About 28 Years, R/o Village And Post Malanwasa, Tehsil Khanpur, District Jhalwar (Raj.).
43. Jagdish Jat S/o Ramkishan Jat,, Aged About 30 Years, R/o Bus Stand, Kotdi, Bhilwara.
44. Teena Suthar D/o Heeralal Suthar,, Aged About 33 Years, R/o 493/25, Annapurna Colony, Sector 5, Hiran Magri, Udaipur.
45. Banshi Lal Patel S/o Nathu Lal Patel,, Aged About 33 Years, R/o Presently Residing At Khairwara, District Udaipur.
----Petitioners Versus
1. State Of Rajasthan, Through Its Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Jaipur, Rajasthan.
2. The Director, Elementary Education, Rajasthan, Bikaner.
3. The Chief Executive Officer, Zila Parishad, Udaipur.
4. The District Education Officer (Elementary), Udaipur.
----Respondents
For Petitioner(s) : Mr. Rajak Khan
For Respondent(s) : Mr. K.K Bissa
JUSTICE DINESH MEHTA
Order
18/10/2023
1. By way of the present writ petition, the petitioners have challenged the order dated 01.02.2019, whereby the respondents (Downloaded on 12/11/2023 at 07:53:54 AM) [2023:RJ-JD:35743] (5 of 7) [CW-2682/2019] have reviewed the earlier order by which actual/notional benefits were granted to the petitioners. By way of impugned order, the recovery of the amount paid in excess has also been initiated.
2. Learned counsel for the petitioners submitted that the petitioners have not mislead or misrepresented and benefits which were granted to them by the respondent - State was in accordance with law. It was submitted that the issue involved in the present writ petition has already been set at rest by the co-
ordinate Bench of this Court vide its judgment dated 13.08.2019 in the case of Dal Chand Jat vs. The State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 3063/2019.
3. Mr. Bissa, learned counsel for the respondents submitted that an appeal has been preferred by the State against the judgment in the case of Dal Chand Jat (supra) and the same is pending consideration and therefore, the present writ petition be kept pending.
4. However, learned counsel for the respondents was not in a position to dispute the position of law, as has been settled by this Court in the case of Dal Chand Jat (supra).
5. Having heard learned counsel for the parties and considering the submissions made at the bar, this Court is of the view that no fruitful purpose would be served by keeping the matter pending, particularly when an interim order has been passed in petitioners' favour by this Court on 27.03.2019.
6. In the case of Dal Chand Jat (supra), this Court has held thus:
"After hearing counsel for the parties and perusing record of the case, this Court finds that the purport of the case law mentioned (Downloaded on 12/11/2023 at 07:53:54 AM) [2023:RJ-JD:35743] (6 of 7) [CW-2682/2019] above are that the petitioners, who were equally entitled and eligible to be appointed on the post of Teacher Gr.-III where out of advertisement of 2012-2013 at level I and level II for various subjects are to be treated at par with each other. The discrimination on account of joining duties due to various bone of contentions relating to eligibility and qualifications have been nullified by aforesaid judgments, including in the case of Hemlata Shrimali (supra) and since all the candidates who are now found eligible and as per existing case law and the judgments of the Apex Court, they have to be treated at par with each other. There cannot be any doubt regarding expressions made by this Court in the previous litigation that these all the petitioners who stand in merit and who have qualified 2012-2013 recruitment for the post of Teacher Grade-III would be entitled for the notional benefits for the purpose including pay fixation and seniority from the date their equivalent or lesser merit person in that phase of recruitment was given such benefits. This Court also finds that focal averment raised by the respondents that no monetary benefits can be accorded to the petitioners for the period when they were not actually discharging services, is also a consistently answered in the precedent of law laid down by this Court. Thus, taking strength from the same precedent of law as cited by counsel for the parties, these petitions are disposed off with a direction to the respondents that petitioners shall be paid the notional benefits, including benefits of seniority and pay fixation (Downloaded on 12/11/2023 at 07:53:54 AM) [2023:RJ-JD:35743] (7 of 7) [CW-2682/2019] from the stage when the appointment of persons at the same or lesser merit were appointed. However, no monetary benefits where the petitioners not having discharged actual services would be payable.
Needless to say that any notional fixation or any notional benefits which has resulted into current payment and current position where the petitioners are discharging their services, shall not be recovered and shall be continued to be paid.
In view of the aforesaid, it is directed that no recovery in line with the aforesaid observations be made from the petitioners."
7. In view of the aforesaid, the writ petition is allowed.
8. The impugned order dated 01.02.2019 is quashed and set side qua the petitioners.
9. Stay application also stands disposed of, accordingly.
(DINESH MEHTA),J 48-AbhishekS/-(Downloaded on 12/11/2023 at 07:53:54 AM)
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