Rajasthan High Court - Jodhpur

Jai Singh Chauhan vs The State Of Rajasthan on 12 August, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10632/2021

1. Jai Singh Chauhan S/o Shri Kishan Singh, Aged About 35 Years, R/o Village Chauhan Vas, Post Bhoori Pahari, Tehsil Khandar, District Sawaimadopur.

2. Seva Ram Choudhary S/o Mula Ram Choudhary, Aged About 30 Years, R/o Village Post Palli Tehsil Lohawat Jodhpur.

3. Prahalad Ray S/o Ram Singh Saran, Aged About 34 Years, R/o Vpo Dalman, Teh. Sardarshahar, District Churu.

4. Govind Kumar S/o Pratap Khati, Aged About 31 Years, R/o V.p.o. Jori, Tehsil And District Churu.

5. Kanta D/o Muni Raj W/o Sarjeet Singh Ruhil, Aged About 28 Years, R/o V.p.o. Bhanai, Th Bhadra, District Hanumangarh.

6. Bhanwari Bhati D/o Manohar Singh Bhati, Aged About 33 Years, R/o Shri Dev Children Academy Old Ginani Bikaner.

7. Ritu Soni D/o Rajander Kumar W/o Prem Prakash, Aged About 36 Years, R/o House No. 181-B, Gali No. 4, Near Shiv Mandir, Setia Colony, Shri Ganganagar.

8. Yasmin Banu D/o Anwar Ali W/o Mohammad Shahid, Aged About 27 Years, R/o Luharo Ka Bas, Seeriyari (Pali).

9. Hanuman Ram S/o Khema Ram, Aged About 30 Years, R/o Jyanio Ki Dhani, Sabalpur, Block Makrana, District Nagaur (Raj.).

10. Suresh Kumar S/o Jagdish Prasad, Aged About 36 Years, R/o Agunta Teh. Didwana Distt. Nagaur.

11. Shuchi Bhojak D/o Jhumarmal Sharma, Aged About 30 Years, R/o Chhoti Khatu, Didwana District Nagaur.

12. Govind Kumar Malav S/o Dhanna Lal Malav, Aged About 32 Years, R/o Station Road Kawai Salpura, Tehsil Atru, District Baran.

13. Ved Prakash Sharma S/o Kailash Chand Sharma, Aged About 31 Years, R/o Vill. Biharisar Th. Thanagazi, Dist. Alwar.

14. Murari Lal Verma S/o Bhagwan Sahay Verma, Aged About 33 Years, R/o Vpo Bagriyawas, Teh Shrimadhopur, Dist Sikar.

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15. Menka Goyal D/o Daya Shankar Goyal W/o Ravikant Mittal, Aged About 36 Years, R/o Plot No. C-3, Near Telephone Exchange, Mohan Nagar, Hindaun City, District Karauli.

16. Rajendra Kumar Lodha S/o Ram Charan Lodha, Aged About 31 Years, R/o Village Peepalheda Post Gordhanpura Tahsil Chhipabarod, District Baran.

17. Narendra Kumar Suman S/o Ramraghuveer Suman, Aged About 34 Years, R/o Village And Post Dahikhera, Teh. Khanpur, Dist. Jhalawar.

18. Ashok Kumar S/o Chhitar Lal, Aged About 34 Years, R/o 79, Dhakado Ka Mohalla Ranwa Po. Rai, Teh. Chhipabarod, Distt. Baran.

19. Siyaram Kumawat S/o Hanuman Sahay Kumawat, Aged About 34 Years, R/o Shiv Vihar Colony, Nayi Sabji Mandi Pass, Post Paota, Dist Jaipur.

20. Rohitash Jakhar S/o Sohan Lal Jat, Aged About 33 Years, R/o Vill. Panchudala Teh. Kotputali, Dist. Jaipur.

21. Shalini Gaur D/o Satya Narayan Gaur W/o Pawan Kumar Gaur, Aged About 32 Years, R/o Itawa, Sarovar Nagar, Pipalda, Kota.

22. Himmat Singh Rathore S/o Santosh Kumar, Aged About 41 Years, R/o H. N 20/92, Near Do Chonch Ke Balaji Temple, Indra Market Kota.

23. Ekta Shukla D/o Ramcharan Shukla W/o Keshav Kumar Sharma, Aged About 35 Years, R/o Jawahar Coloni, Vivekanand Circle Ke Pass, Karauli.

24. Ram Kalyan Lovevanshi S/o Kishori Lal Lovevanshi, Aged About 31 Years, R/o V/p Digod Jagir Tehsil Chipabarod District Baran.

25. Beena Kumari Suman D/o Ramesh Chandra Suman W/o Styanarayan Suman, Aged About 30 Years, R/o Godam Ki Talai Dashrath Sing Jhalaji Ke Samne Jhalawar.

26. Jagdish Godara S/o Chanpa Ram, Aged About 31 Years, Vpo Punasa, Teh Bhinmal, Dist. Jalore.

27. Sanjay Kumar S/o Raje Ram Nai, Aged About 32 Years, R/o Vpo Bharang Tehsil Taranagar, Dist. Churu.

28. Tara D/o Deva Ram W/o Kailash Ram, Aged About 32 Years, R/o Vill. Rojas, Post Modi Khurd, Tah. Parbatsar, Dist. Nagaur.

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29. Prakash Ram S/o Kalu Ram, Aged About 33 Years, R/o Village Rajivnager, Post Pur, Teh. Sanchore District Jalore.

30. Naresh Kashyap S/o Shiv Charan, Aged About 28 Years, R/o Vpo Tiba Basai, Tehsil Khetri, District Jhunjhunu.

31. Manoharlal S/o Thakraram, Aged About 37 Years, R/o Village Balana, Post Arnay, Teh Sanchore, Dist. Jalore.

32. Giriraj Puniya S/o Jhabar Mal, Aged About 39 Years, R/o Vpo Patan Teh. Neemkathana, District Sikar.

33. Rajendra Prasad S/o Narayan Singh Gurjar, Aged About 38 Years, R/o Vpo Jorawar Nagar, Sikar.

34. Surendra Kumar Raigar S/o Mewa Ram, Aged About 41 Years, R/o Vpo Hathideh Via Jharli, District Sikar.

35. Neelam Jangir D/o Ramrikh Jangir W/o Ravi Jangid, Aged About 33 Years, R/o Aguna Mohalla, Behind Fort, Gyanoday Marg, Churu.

36. Ranveer Singh S/o Kishana Ram, Aged About 36 Years, R/o Village Baga Parta Ki Dhani Post Pithusar Teh. Malsisar Jhunjhunu.

37. Chouthmal Balai S/o Onkar Mal, Aged About 41 Years, R/o Vpo Bhonawas Block Paota Dist. Jaipur.

38. Mahendra Kumar Bairwa S/o Jagan Lal Bairwa, Aged About 32 Years, R/o Vpo Paparda Teh. Nangal Rajawatan Distt. Dausa.

39. Rakesh Kharediya S/o Chhailu Ram, Aged About 32 Years, R/o Mohalla Pithola (Near Post Office) Vpo Singhana, Tehsil Buhana, District Jhunjhunu.

40. Rajesh Kumar S/o Daleep Singh, Aged About 36 Years, R/o Vpo Nalpur Teh. Khetri Dist. Jhunjhunu.

41. Farook Ali S/o Mukarab Khan, Aged About 38 Years, R/o Village Post Beri Khurd, Teh. Didwana, District Nagaur.

42. Lokesh Kumar Verma S/o Hansraj Meghwal, Aged About 35 Years, R/o Vill Nathu Balai Ki Dhopdiya, Th. Digid Post Amarpura, District Kota.

43. Harigopal Singh Choudhary S/o Laxman Singh, Aged About 35 Years, R/o Vill Dudheri Post Reta Tah Kathumar Dist. Alwar.

44. Rajender Kumar Rathore S/o Jogender Kumar Rathore, Aged About 34 Years, R/o Hc 13 Sp Mahaveer Nagar Barmer.

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45. Chander Shekhar S/o Ghunghunia Ram, Aged About 34 Years, R/o V.p.o. Ibrahimpur, Teh. Roopbas District Bharatpur.

46. Nisha Chandak D/o Surender Mohan Chandak W/o Rajan Maheshwari, Aged About 35 Years, R/o 484, Vinoba Basti, Sri Ganganagar.

47. Ramavtar Mali S/o Murari Lal Mali, Aged About 34 Years, R/o 9, Lokesh Nagar, Sapotra District Karauli.

48. Atma Ram Meena S/o Laddu Lal Meena, Aged About 30 Years, R/o Vill Chainpura Post Dhikoliya Th Uniara Dist. Tonk.

49. Bajrang Singh S/o Kishan Singh, Aged About 36 Years, R/o Village Post Nosal Via Roopangarh District Ajmer.

50. Shiv Kumar Soni S/o Bhagvan Sahay Soni, Aged About 33 Years, R/o Vpo Gothara, Teh Sapotra, District Karauli.

51. Amit Kumar Yadav S/o Har Narayan, Aged About 28 Years, R/o V/p Fatehpur, Tehsil And District Baran.

52. Firdos Tarannum D/o Mohammed Idris W/o Khawaja Hasan Quadri, Aged About 31 Years, R/o Mosque Street, Mohalla Chungran Bikaner.

----Petitioners Versus

1. The State Of Rajasthan, Through The Principal Secretary, Department Of Panchayat Raj, Government Of Rajasthan, Secretariat, Jaipur.

2. Director, Elementary Education, Rajasthan, Bikaner.

3. Director, Secondary Education, Rajasthan, Bikaner.

4. Chief District Education Officer (H.q.), Elementary Education, Jhalawar.

5. Chief District Education Officer (H.q.), Elementary Education, Jalore.

6. Chief District Education Officer (H.q.), Elementary Education, Barmer.

7. Chief District Education Officer (H.q.), Elementary Education, Udaipur.

8. Chief District Education Officer (H.q.), Elementary Education, Baran .

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9.      Chief    District       Education      Officer       (H.q.),    Elementary
        Education, Chittorgarh.
10.     Chief    District       Education      Officer       (H.q.),    Elementary
        Education, Jaisalmer.
                                                                  ----Respondents


For Petitioner(s)           :     Mr. Vikram Singh Bhawla
For Respondent(s)           :



                       JUSTICE DINESH MEHTA

                                      Order

12/08/2021

1. Learned counsel for the petitioners submits that the issue

raised in the present writ petition is squarely covered by judgment

of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan & Ors. :

S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur Bench

and the said judgment has been followed in Krishan Lal & Ors. v. The

State of Rajasthan & Ors. : S.B.C.W.P. No. 19179/2017, decided on

30.10.2017 at Jaipur Bench. The petitioners are also entitled to

the same relief as granted in the case of Manoj Khandelwal

(supra) and Krishan Lal (supra) claims learned counsel.

2. In view of the submissions made, the writ petition filed by

the petitioners is disposed of with the similar directions as given in

the case of Manoj Khandelwal (supra), which read as under:-

"This Court in Suman Bai and Another Vs. State and Others - 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit.

It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed

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because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services.

The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments.

Having regard to the facts of the case, writ petition is disposed of requiring the petitioners to make a representation to respondent no.2 - Director, Secondary Education, Bikaner, alongwith a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit, are getting benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides 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."

3. For the purpose aforesaid, the petitioners shall file

representation before the competent authority giving out the

requisite details along with certified copy of the order instant

within a period of four weeks from today. On receipt of the

representation, the concerned respondent shall decide the same,

in accordance with law within a period of eight weeks from the

date of receipt of the representation and accord notional benefits

to the petitioners from the date persons similarly situated to them

and lower in merit were given appointment.

4. Upon consideration of the representation so filed, if

respondents find the case(s) of the petitioner (s) to be covered by

the judgment(s) aforesaid, before giving actual benefits, an