Suresh Singh vs State Of Rajasthan
2021 Latest Caselaw 13129 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11463/2021

1. Suresh Singh S/o Shiv Singh, Aged About 45 Years, Village Reethoti, Post Sikrori, Tehsil Kumher, District Bharatpur, Rajasthan.

2. Sunil Prabha W/o Beeri Singh, Aged About 53 Years, H.no. 83, Sector 3, Near Prem Garden,kumher Gate, Bharatpur, Rajasthan.

3. Deb Vendra Singh S/o Parma Singh, Aged About 53 Years, Vpo Sinsini, Tehsil Deeg, District Bharatpur, Rajasthan.

4. Smt. Shivdevi Dhakar W/o Mool Chand Dhakar, Aged About 48 Years, Behind Tehsil, Tehsil Weir, District Bharatpur, Rajasthan.

5. Smt. Sunila Yadav W/o Dilip Singh Yadav, Aged About 48 Years, Vpo Jayji, Tehsil Sikri, District Bharatpur, Rajasthan.

6. Suman Kumari W/o Danveer Singh, Aged About 49 Years, Village Aamoli, Post Chonkarwada, Tehsil Weir, District Bharatpur, Rajasthan.

7. Rama Kirti W/o Satya Prakash Luhach, Aged About 51 Years, Bajrang Vihar, Behind Singhal Nurisingh Home, B Narayan Gate, Bharatpur, Rajasthan.

8. Smt. Sarita Kumari D/o Mevaram, Aged About 45 Years, Sewar Road, Behind Kold, Ganesh Nagar, Bharatpur, Rajasthan.

9. Smt. Anjana Pushp D/o Prabhudayal Pushp, Aged About 56 Years, L.b. Shastri Nagar, Near Sewar Thana, Sewar, District Bharatpur, Rajasthan.

10. Smt. Anju Kumari D/o Ramchandra Singh, Aged About 52 Years, Village Lakhamn (Peghore), Post Penghore, Tehsil Kumher, District Bharatpur, Rajasthan.

11. Smt. Sunita Kumari D/o Ram Singh, Aged About 47 Years, Vpo Ucchain, Tehsil Roopwas, District Bharatpur, Rajasthan.

12. Madhu Jaimini W/o Mahendra Kumar Sharma, Aged About 47 Years, Ware House Road, Katra, Nadbai, District Bharatpur, Rajasthan.

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13. Sunita Sharma W/o Mahesh Chand Sharma, Aged About 52 Years, Madbai, Tehsil Nadbai, District Bharatpur, Rajasthan.

14. Geeta Sharma W/o Brijesh Kumar, Aged About 50 Years, Adarsh Nagar, Sector-1, Near Sher Singh Soopa Farm House, Bharatpur, Bayana, Rajasthan.

15. Phoolkali W/o Bhagwan Singh, Aged About 51 Years, Vpo Bagrain, Tehsil Bayana, District Bharatpur, Rajasthan.

16. Smt. Kusum Bai Mudgal W/o Vishnu Kant Sharma, Aged About 46 Years, Nadiya Mohalla, Near Ganga Mandir, Bharatpur, Rajasthan.

17. Smt. Sapna Sharma D/o Niranjan Lal Sharma, Aged About 46 Years, Village Anah, Post Sewar, District Bharatpur, Rajasthan.

18. Sapna Kumari D/o Jaiprakash Singh, Aged About 46 Years, B-34, Jawahar Nagar, Bharatpur, Rajasthan.

19. Pankaj S/o Mahipal Singh, Aged About 46 Years, 317, Rajendra Nagar, Bharatpur, Rajasthan.

20. Meena Sharma D/o Om Shankar Sharma, Aged About 58 Years, Kali Ki Bagichi, Girish Resort, Bharatpur, Rajasthan.

21. Smt. Sushma Sharma W/o Brijendra Singh Sharma, Aged About 47 Years, Subhash Nagar, Golpura Road, Heeradas Bus Stand Ke Piche, Bharatpur, Rajasthan.

22. Edal Singh S/o Kare Singh, Aged About 50 Years, Sinsini, Tehsil Deeg, District Bharatpur, Rajasthan.

23. Smt. Priyesh Agre W/o Narendra Singh, Aged About 49 Years, E-585, 586, Ranjeet Nagar, Bharatpur, Rajasthan.

24. Manju Lata Saini D/o Babu Lal Saini, Aged About 45 Years, Plot No. 5, Jai Bharat Nagar, Gujar Ki Thadi, Jaipur, Rajasthan.

25. Kailash Chander Jaga S/o Nathu Lal Jaga, Aged About 55 Years, Vpo Toonga, Tehsil Bassi, District Jaipur, Rajasthan.

26. Seema Sharma D/o Radhey Shyam Sharma, Aged About 49 Years, C-61, Ambabari, Jaipur, Rajasthan.

27. Pooran Chand S/o Mathura Prasad, Aged About 54 Years, Main Market, Uchain, Tehsil Roopwas, District Bharatpur, Rajasthan.

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28. Seema Gupta D/o Chandrabhan Gupta, Aged About 50 Years, 35A, Chhatrashal Nagar, Malviya Nagar, Jaipur, Rajasthan.

29. Manju Nama D/o Gopal Lal Nama, Aged About 45 Years, Chipa Mohalla, Badapada, New Market, Sawaimadhopur, Rajasthan.

30. Smt. Gaytri D/o Uttam Singh, Aged About 51 Years, C-43, Tirupati Nagar, Near Cbi Colony, Jagatpura, Jaipur, Rajasthan.

31. Sanju Nama D/o Babu Lal Nama, Aged About 46 Years, 7/246, Vidhyadhar Nagar, Near Green Gate School, Jaipur, Rajasthan.

32. Manju Lata Saini D/o Babu Lal Saini, Aged About 45 Years, Plot No. 5, Jai Bharat Nagar, Gurjar Ki Thadi, Jaipur, Rajasthan.

33. Vinita D/o Ram Karan Singh, Aged About 46 Years, A-513, Siddharth Nagar, Block A, Jawahar Circle, Jaipur, Rajasthan.

34. Charan Singh Koli S/o Panchu Ram Koli, Aged About 46 Years, Village Govindpura, Post Thanagazi, District Alwar, Rajasthan.

35. Mahendra Singh S/o Raghuver Singh, Aged About 43 Years, Village Pathroda, Post Tarondar, Tehsil Nagar, District Bharatpur, Rajasthan.

36. Rajesh Kumari D/o Khub Chand, Aged About 48 Years, H.no. B 20, Sanjay Nagar, Near Collector Niwas, Bharatpur, Rajasthan.

37. Lalita Sharma W/o Narendra Kumar Parashar, Aged About 50 Years, New Bagar Colony, Roopwas, District Bharatpur, Rajasthan.

38. Kusumlata Gupta W/o Manoj Kumar, Aged About 45 Years, B-346B, Vaishali Nagar, Alwar, Rajasthan.

39. Charni Ram S/o Manju Ram, Aged About 47 Years, Vpo Mantuki, Tehsil Pahari, District Bharatpur, Rajasthan.

40. Fajjar Khan S/o Sami Khan, Aged About 51 Years, Vpo Gulpada, Tehsil Nagar, District Bharatpur, Rajasthan.

41. Dalchand Saini S/o Nemi Chand Saini, Aged About 47 Years, Ward No. 1, Indra Colony, Kaman, Tehsil Kaman, District Bharatpur, Rajasthan.

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42. Virendra Singh S/o Heera Singh, Aged About 46 Years, Village Oli Thun, Tehsil Deeg, District Bharatpur, Rajasthan.

43. Bharat Singh S/o Bhagwan Singh, Aged About 46 Years, Village Kilori, Post Ronija, Tehsil Nadbai, District Bharatpur, Rajasthan.

----Petitioners Versus

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

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The District Education Officer, Secondary Education, Jaipur.

4. The District Education Officer, Secondary Education, Alwar.

5. The District Education Officer, Secondary Education, Bharatpur.

6. The District Education Officer, Secondary Education, Sawaimadhopur.

                                                                       ----Respondents


For Petitioner(s)              :     Mr. Hansraj Nimbar for
                                     Mr. R.P. Saini
For Respondent(s)              :



                          JUSTICE DINESH MEHTA

                                          Order

26/08/2021

1.    Learned     counsel          for    the    petitioners          submits    that   the

controversy involved in the present writ petition is squarely

covered by the judgment delivered by Jaipur Bench of this Court

in the case of Yogesh Kumar Pareek Vs. The State of Rajasthan,

SBCWP No.3534/2009, decided on 20.01.2014, observing thus:-

"It is stated that petitioner was appointed on regular basis on the post of Teacher vide order dated 24.01.1992. After joining on 28.01.1992, petitioner

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was entitled for benefit of service and salary for summer vacation. Respondents denied aforesaid benefit and increment was shifted to the month of March despite of joining of petitioner in the month of January. Accordingly, the respondents be directed to pay salary of summer vacation and also the date of increment be made to January, 1993.

The officer-in-charge of the respondents could not justify the action of the respondents, inasmuch as Circular dated 28.07.2003 clarified that if employee has been appointed on regular basis on probation then he would be entitled for salary of summer vacation even if appointment is after 31 st December. No justification is given by the s for denial of benefit of increment from January other than erroneously correlating it with the benefit of selection scale and thereby, shifting it by 48 days. I find the action of respondents is illegal, inasmuch as the petitioner is entitled for the benefit of salary of summer vacation as he is covered by the Circular. The petitioner should be given increment counting his service from the date of joining and not by shifting it to the month of March.

Accordingly, the writ petition is allowed and consequential benefit would be given to the petitioner as referred above. He would be entitled to other benefits based on appointment order dated 24.01.1992 and his joining on 28.01.1992, thus benefit of selection scale would also be determined."

2. Learned counsel further submits that the petitioners would

be satisfied if their representation (which they would be filing

within two weeks from today) is decided in the backdrop of the

order dated 20.01.2014 rendered in the case of Yogesh Kumar

Pareek (supra).

3. In view of the aforesaid, the present writ petition stands

disposed of with a direction to the petitioners to file a

comprehensive representation before the respondents ventilating

all their grievances.

4. In case such a representation is filed within two weeks from

today, the competent authority of the respondents is directed to

consider and decide the same by a reasoned and speaking order,

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in accordance with law, as early as possible, preferably within a

period of 12 weeks from the date of receipt of representation

along with a certified copy of the order instant.

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

138-skm/-

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