Rajasthan High Court - Jodhpur

Dunger Singh vs State Of Rajasthan on 25 August, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11203/2021

1. Dunger Singh S/o Prabhu Dan, Aged About 28 Years, At Present Posted At Government Upper Primary School Gangara Nada, Kerla, Block Bapini, Dist. Jodhpur, Rajasthan.

2. Abdul Rashid S/o Ghasi Khan, Aged About 34 Years, At Present Posted At Gups Amar Pura Kalan, Block Bakani, Dist. Jhalawar.

3. Ajit Singh S/o Bheenya Ram Ji, Aged About 34 Years, At Present Posted At Gups Jhund Santara, Block Gida, Dist. Barmer.

4. Akhilesh Galav S/o Om Prakash Galav, Aged About 36 Years, At Present Posted At Gps Udpuriya Gagchana, Block Chhipabarod, Dist. Baran.

5. Ali Akbar Ansari S/o Asgar Ali Ansari, Aged About 32 Years, At Present Posted At Gups Nehrawad, Block Bhawani Mandi, Dist. Jhalawar.

6. Amandeep Kaur D/o Manjeet Singh, Aged About 25 Years, At Present Posted At Ggups Sanghar, Block Suratgarh, Dist. Ganganagar.

7. Anita Chauhan D/o Mittu Lal, Aged About 31 Years, At Present Posted At Ggups Padukhurd, Block Riyanbari, Dist. Nagaur.

8. Anumati Sharma D/o Sheelendra Sharma, Aged About 40 Years, At Present Posted At Gups Ramnagar, Block Ladpura, Dist. Kota.

9. Asha Kumari D/o Rohitash Chabrwal, Aged About 30 Years, At Present Posted At Gups Nai Aarni, Block Shahpura, Dist. Bhilwara.

10. Ajay Kumar S/o Rajender Singh, Aged About 27 Years, At Present Posted At Gups Barula, Block Mandrail, Dist. Karauli.

11. Anil Kumar S/o Ram Prasad Bhakar, Aged About 26 Years, At Present Posted At Ggups Arwar, Block Moondwa, Dist. Nagaur, Rajasthan.

12. Anil Kumar Sharma S/o Satyanarayan Sharma, Aged About 29 Years, At Present Posted At Gups Napnya Gujran Block Bakani, Dist. Jhalawar, Rajasthan.

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13. Ashima Bishnoi D/o Omprakash, Aged About 36 Years, At Present Posted At Gss Singhpura, Block Sangria, Dist. Hanumangarh.

14. Ashok Kumar Bamniya S/o Shyam Lal, Aged About 33 Years, At Present Posted At Gups Khadi Jageer, Block Manohar Thana, Dist. Jhalawar, Rajasthan.

15. Baljender Singh S/o Sunderpal Singh, Aged About 36 Years, At Present Posted At Gups Surji Ka Guda, Block Mavli, Dist Udaipur, Rajasthan.

16. Barkha Tiwari D/o Hargovind Tiwari, Aged About 31 Years, At Present Posted At Gups Bajpura, Block Bhawani Mandi, Dist. Jhalawar, Rajasthan.

17. Bhagwati Kanwar D/o Rajendra Singh, Aged About 28 Years, At Present Posted At Ggups Harsolav, Block Mertacity, Dist. Nagaur, Rajasthan.

18. Bhawani Singh S/o Jet Singh Rathore, Aged About 30 Years, At Present Posted At Gups Janta Sagar Chaniasara, Block Khinwsar, Dist. Nagaur, Rajasthan.

19. Bodu Ram S/o Girdhari Ram Choudhary, Aged About 31 Years, At Present Posted At Ggups Bhakri, Block Parbatsar, Dist. Nagaur, Rajasthan.

20. Balmukand Merotha D/o Shiv Prakash, Aged About 26 Years, At Present Posted At Gups Padliya, Block Manohar Thana, Dist. Jhalawar.

21. Balu Ram Kumhar S/o Chhintar Mal Kumhar, Aged About 34 Years, At Present Posted At Gups Gogaka Guda, Block Bhinder, Dist. Udaipur.

22. Champa Rani D/o Jetha Ram, Aged About 36 Years, At Present Posted At Gups 1 N Jagtewala, Block Karanpur, Dist. Ganganagar, Rajasthan.

23. Chandrakala Solanki D/o Anandi Lal, Aged About 30 Years, At Present Posted At Gups Tarnavo Ka Khera, Block Kapasan, Dist. Chittorgarh, Rajasthan.

24. Charanjeet Kour D/o Santokh Singh, Aged About 34 Years, At Present Posted At Gups Holi, Block Mavli, Dist. Udaipur.

25. Chiman Lal S/o Hans Raj, Aged About 33 Years, At Present Posted At Gups 8 Blm, Block Srivijaynagar, Dist. Ganganagar, Rajasthan.

26. Chitra D/o Manoj Kumar, Aged About 33 Years, At Present

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Postd At Gups Sevki Kallan, Block Baori, Dist. Jodhpur, Rajasthan.

27. Chet Ram S/o Danaram Meghwal, Aged About 33 Years, At Present Posted At Gups Gomawali, Block Srivijaynagar, Dist. Ganganagar.

28. Deepu Kanwar W/o Jitendra Singh Shekhawat, Aged About 29 Years, At Present Posted At Gups Ber, Block Ladnun, Dist. Nagaur.

29. Devendra Kumar Saini S/o Rang Lal Saini, Aged About 28 Years, At Present Posted At Gups Chouhanoan Ka Guda, Block Bhinder, Dist. Udaipur.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

3. The District Education Officer, Barmer, Rajasthan.

4. The District Elementary Education Officer, Jhalawar, Rajasthan.

5. The District Elementary Education Officer, Baran, Rajasthan.

6. The District Elementary Education Officer, Sri Ganganagar, Rajasthan.

7. The District Elementary Education Officer, Nagaur, Rajasthan.

8. The District Elementary Education Officer, Udaipur, Rajasthan.

9. The District Elementary Education Officer, Chittorgarh, Rajasthan.

10. The District Elementary Education Officer, Bhilwara, Rajasthan.

11. The District Elementary Education Officer, Jodhpur, Rajasthan.

12. The District Elementary Education Officer, Karauli, Rajasthan.

13. The District Elementary Education Officer, Hanumangarh,

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Rajasthan.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ratana Ram, through VC
For Respondent(s)         :



                      JUSTICE DINESH MEHTA

                                 Judgment

25/08/2021

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.

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 because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed

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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."

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.

Upon consideration of the representation so filed, if

respondents find the case of the petitioners to be covered by the

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