Rajasthan High Court - Jodhpur

Bhunda Ram Barupal vs State Of Rajasthan on 26 August, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11199/2021

1. Bhunda Ram Barupal S/o Bhiyan Ram Barupal, Aged About 40 Years, Resident Of Napawas, Post Rajola Kalla, Tehsil Sojat City, At Present Warking Senior Teacher (Subject Scince) Gss Birawas, Bilara, Jodhpur.

2. Dilip Kumar Prajapati S/o Ramswaroop, Aged About 31 Years, At Present Posted At Gups Faliya, Block Chhipabarod, Dist. Baran.

3. Dimple Joshi D/o Amba Lal Joshi, Aged About 34 Years, At Present Posted At Gups Arniya, Block Kapasan, Dist. Chittorgarh.

4. Dinesh Singh S/o Banwari Lal, Aged About 37 Years, At Present Posted At Gups Lunada, Block Nagaur, Dist. Nagaur.

5. Dula Ram Barala S/o Hukma Ram Barala, Aged About 30 Years, At Present Posted At Gups 1 Dwsm, Block Suratgarh, Dist. Ganganagar.

6. Deepti D/o Manohar Lal, Aged About 34 Years, At Present Posted At Gups Kishanpura, Block Suratgarh Dist. Ganganagar.

7. Durgesh Meena D/o Sukh Pal Meena, Aged About 31 Years, At Present Posted At Gups Ghughwa, Block Bhwani Mandi, Dist Jhalawar, Rajasthan.

8. Deepika Vaishnav W/o Pankaj, Aged About 34 Years, At Present Posted At Ggups Guda Endla, Block Pali, Dist. Pali, Rajasthan.

9. Ganpat Ram Vyas S/o Laxman Lal Vyas, Aged About 34 Years, At Present Posted At Gups Mandara, Block Gogunda, Dist. Udaipur, Rajasthan.

10. Gayatri Kanwar D/o Chain Singh, Aged About 27 Years, At Present Posted At Gups Darbiji, Block Sultanpur, Dist. Kota.

11. Ghanshyam Sankla S/o Suraj Mal Sankla, Aged About 34 Years, At Present Posted At Gups Padampura, Block Jahajpur, Dist. Bhilwara, Rajasthan.

12. Gagan Kumar Malav S/o Ramswaroop, Aged About 32 Years, At Present Posted At Gups Ballukhedi Gagchana, Block Chhipabarod, Dist. Baran.

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13. Gajendra Pal Thingore S/o Narayan Lal Thingore, Aged About 29 Years, At Present Posted At Gups Lalpura, Block Bali, Dist. Pali.

14. Guru Sharan Sukhdhami S/o Jagdish Prasad Sukhdhami, Aged About 33 Years, At Present Posted At Gups Dhosla, Block Jawaja, Dist. Ajmer.

15. Hanuta Ram Jakhar S/o Bhanaram Jakhar, Aged About 29 Years, At Present Posted At Gups Jawanpura, Block Nawa, Dist. Nagaur.

16. Harish Meena S/o Radhe Shyam Meena, Aged About 30 Years, At Present Posted At Gups Rampuriya, Block Manoharthana, Dist. Jhalawar.

17. Hemlata Sharma D/o Ramsukh Sharma, Aged About 38 Years, At Present Posted At Gups Kalukhera, Block Mandal, Dist. Bhilwara.

18. Hemraj Kumhar S/o Banwari Lal Kumhar, Aged About 26 Years, At Present Posted At Gups Padrufanta, Block Balotra, Dist. Barmer.

19. Het Ram S/o Arjun Ram, Aged About 44 Years, At Present Posted At Gups Gudha Jodha, Block Riyanbari, Dist. Nagaur.

20. Hansraj Gurjar S/o Gopiram Gurjar, Aged About 33 Years, At Present Posted At Gups 23 Gb, Block Srivijaynagar, Dist. Ganganagar, Rajasthan.

21. Harish Mehra S/o Nawal Kishor, Aged About 36 Years, At Present Posted At Gups Goriya Khera Poddar, Block Manohar Thana, Dist. Jhalawar, Rajasthan.

22. Hasta Ram S/o Champa Lal, Aged About 29 Years, At Present Posted At Gups Nai Basti Komta, Block Sayla, Dist. Jalore, Rajasthan.

23. Heena Yadvendra D/o Surendra Yadvendra, Aged About 31 Years, At Present Posted At Gups Hanotiya, Block Sultanpur, Dist. Kota, Rajasthan.

24. Himanshu Kumar Carpenter S/o Mansha Ram, Aged About 34 Years, At Present Posted At Gups Molkya Kalan, Block Bakani, Dist. Jhalawar, Rajasthan.

25. Himmat Lal Soni S/o Chhagan Lal Soni, Aged About 37 Years, At Present Posted At Gups Lakshmanpura, Block Bhinder, Dist. Udaipur, Rajasthan.

26. Imran S/o Abdul Kayyum, Aged About 34 Years, At

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Present Posted At Gups Gujron Ki Dhani Bhadwa, Block Parbatsar, Dist. Jhalawar, Rajasthan.

27. Indra Raj Meena S/o Ram Kishan Meena, Aged About 29 Years, At Presnt Posted At Gups Bisali, Block Manohar Thana, Dist. Jhalawar, Rajasthan.

28. Indu Bala Yadav W/o Bharat Singh Panwar, Aged About 27 Years, At Present Posted At Gups Puniya Khedi, Block Bakani, Dist. Jhalawar, Rajasthan.

29. Jagdish Prasad Meena S/o Durga Shankar Meena, Aged About 38 Years, At Present Posted At Gups Narheda, Block Manohar Thana, Dist. Jhalawar, Rajasthan.

30. Jaidev Jangir S/o Mangeram Jangir, Aged About 36 Years, At Present Posted At Gups Khinwlayi Nadi Bhadla, Block Panchu, Dist. Bikaner, Rajasthan.

31. Julie Shivhare D/o Brijmohan Shivhare, Aged About 27 Years, At Present Posted At Gups Faredua Talhati, Block Sahabad, Dist. Baran, Rajasthan.

32. Jyoti Mittal D/o Darshan Lal, Aged About 33 Years, At Present Posted At Gups Dhani Bhktwar Singh Wali, Block Sangria, Dist. Hanumangarh, Rajasthan.

33. Jaishri Swami D/o Poonam Chand Swami, Aged About 32 Years, R/o 12/110 Chopasani Houseing Board, Jodhpur. At Present Posted At Gups Shriya Devi Ka Mandir Gole Station, Block Balotra, Dist. Barmer.

34. Jagdish Choudhary S/o Pema Ram, Aged About 30 Years, At Present Posted At Gups Swami Ji Ki Nadi Dhelana, Block Lohawat, Dist. Jodhpur.

35. Jaiprakash S/o Jagdish, Aged About 34 Years, At Present Posted At Gups Dasana Ki Bhagal Majera, Block Kumbhalgarh, Dist. Rajsamand.

----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 Office/elementry Education, Jodhpur, Rajasthan.

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4. The Joint Director (School Education), Jodhpur Division, Jodhpur, Rajasthan.

5. The District Education Office/elementry Education, Baran, Rajasthan.

6. The District Education Office/elementry Education, Chittorgarh, Rajasthan.

7. The District Education Office/elementry Education, Nagour, Rajasthan.

8. The District Education Office/elementry Education, Sri Ganganagar, Rajasthan.

9. The District Education Office/elementry Education, Jhalawar, Rajasthan.

10. The District Education Office/elementry Education, Pali, Rajasthan.

11. The District Education Office/elementry Education, Jodhpur, Rajasthan.

12. The District Education Office/elementry Education, Udaipur, Rajasthan.

13. The District Education Office/elementry Education, Kota, Rajasthan.

14. The District Education Office/elementry Education, Bhilwara, Rajasthan.

15. The District Education Office/elementry Education, Ajmer, Rajasthan.

16. The District Education Office/elementry Education, Barmer, Rajasthan.

17. The District Education Office/elementry Education, Jalour, Rajasthan.

18. The District Education Office/elementry Education, Bikaner, Rajasthan.

19. The District Education Office/elementry Education, Hanumangarh, Rajasthan.

20. The District Education Office/elementry Education, Rajsamnad, Rajasthan.

                                                                ----Respondents


For Petitioner(s)        :     Mr. RR Ankiya
For Respondent(s)        :



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                      JUSTICE DINESH MEHTA

                                 Judgment

26/08/2021

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 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

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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