Rajasthan High Court - Jodhpur

Bhagwati Lal Kalal vs State Of Rajasthan on 1 February, 2021

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13430/2020

1. Bhagwati Lal Kalal S/o Mya Chand Kalal, Aged About 39 Years, R/o Vpo Panchalwasa Tehsil And District Banswara, At Present As A Teacher (Subject Sanskrit) At Vivekanand Model School Bagidaura District Banswara Employee Id Rjbn201803024257.

2. Bhavna Nanoma W/o Kaluram Damor, Aged About 30 Years, R/o Mukam Padara Pada, Post Badana Tehsil Ghatol District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Khudarda District Dungarpur Employee Id Rjdu20185030032.

3. Mahendra Kumar S/o Babu Gayari, Aged About 30 Years, R/o Village Post Lohariya Bada Tehsil Kushalgarh District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Akhepur District Banswara Employee Id Rjbn201803022484.

4. Hemlata Ahari D/o Kantilal Ahari, Aged About 26 Years, R/o Village Post Kotda Tehsil Garhi District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Muniyakhunta District Banswara Employee Id Rjbn201803027963.

5. Prakash Chandra Khada S/o Devilal Khada, Aged About 29 Years, R/o Vp Karanpur Tehsil Garhi District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Pani Wala Gada District Banswara Employee Id Rjbn20183049819.

6. Uday Singh Singad S/o Ramesh Chandra Singad, Aged About 27 Years, R/o Village Suliya Makpada Post Ramgarh Tehsil Kushalgarh District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Tumbda Talab District Udaipur Employee Id Rjud201839048087.

7. Lalita Charpota D/o Meeru Charpota, Aged About 29 Years, R/o Vpo Chidiyawas, District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Ghodi Tejpur District Banswara Employee Id Rjbn20183021901.

8. Mamta Suthar W/o Deepak Kumar Suthar, Aged About 30

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Years, R/o Suthar Code Vpo Bagidora District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Aadarsh Senior Secondary School Lankai District Banswara Employee Id Rjbn201803021372.

9. Khushbu Jain W/o Mayank Jain, Aged About 31 Years, R/o Village Raiyana Tehsil Garhi District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Chhalkatalai District Pratapgarh Employee Id Rjpg201230019679.

10. Shilendra Dave S/o Pawan Dave, Aged About 31 Years, R/o Luharwara Mohalla, Tehsil Gadi District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Kharwara District Pratapgarh Employee Id Rjpg201830026916.

11. Punam Chand Garasia S/o Nana Lal Garasia, Aged About 32 Years, R/o Village Darawan Post Latuni Tehsil Jhadol District Udaipur. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Badrana District Udaipur Employee Id Rjud201839028019.

12. Nilesh Kumar Joshi S/o Vasudev Joshi, Aged About 35 Years, R/o Post Limadi Tehsil Sagwara District Dungarpur. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Sarthoona District Dungarpur Employee Id Rjdu201715040898.

13. Seema Patidar W/o Bhupesh Patidar, Aged About 30 Years, R/o Vpo Thakarada Tehsil Sagwara District Dungarpur. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Lodawal District Dungarpur Employee Id Rjdu201815020640.

14. Shilpa Patel W/o Rajendra Kumar Patel, Aged About 28 Years, R/o Badliya Tehsil Ganoda District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Bagayacha District Banswara Employee Id Rjbn201803026853.

15. Mukesh Dindor S/o Bhila Dindor, Aged About 27 Years, R/o Village Bavdi Dndor Post Chhoti Sarva Tehsil Kushalgarh District Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Kalighati District Pratapgarh Employee Id Rjpg201830024028.

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16. Sarika Kumari Rawal W/o Gaurav Trivedi, Aged About 35 Years, R/o Matru Nikunj, Kalika Road, Banswara. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Doriya Rel District Banswara Employee Id Rjbn201803022993.

17. Raju Kumari Meena D/o Kalu Ram Meena, Aged About 35 Years, R/o Village Intali Pal, Post Intali, District Udaipur. At Present As A Teacher (Subject Sanskrit)At Mahatma Gandhi Government Senior Secondary School Kurabad District Udaipur Employee Id Rjud201839024129.

18. Harish Chandra Pargi S/o Nathu Lal Pargi, Aged About 26 Years, R/o Ganpati Chok, Semari Vpo Semari Tehsil Semari District Udaipur. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Kanpur District Udaipur Employee Id Rjud201839027491.

19. Sohan Lal Meena S/o Nand Kishor Meena, Aged About 29 Years, R/o Vp Sigtwada Zawar Maince District Udaipur. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Pal Sarsiya District Udaipur Employee Id Rjud201839038211.

20. Anil Maida S/o Hakaji Madia, Aged About 27 Years, R/o Dongara Falan Post Galiyakot District Dungarpur. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Sarupal District Udaipur Employee Id Rjud201837020723.

21. Chirag Yadav S/o Kanhaiya Lal Yadav, Aged About 29 Years, R/o 8 Sakodra District Dungarpur. At Present As A Teacher (Subject Sanskrit)At Government Senior Secondary School Gsss Karawali District Udaipur Employee Id Rjud201839011701.

----Petitioners Versus

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

2. The Director, Secondary Education, Bikaner, District Bikaner.

3. The Joint Director, Secondary Education, Udaipur, District Udaipur, Rajasthan.

4. The Deputy Director, Secondary Education, Udaipur, Zone

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Udaipur, Rajasthan.

5. The District Education Officer Secondary, Udaipur.

6. The District Education Officer Secondary, Banswara.

7. The District Education Officer Secondary, Pratapgarh.

8. The District Education Officer Secondary, Dungarpur.

9. The District Education Officer Secondary, Sirohi.

10. The District Education Officer Secondary, Chittorgarh.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Dinesh Ojha for Mr. R.D. Potalia
For Respondent(s)        :



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

01/02/2021

This writ petition has been filed by petitioners seeking reliefs

as indicated in the writ petition.

It is submitted by learned counsel for the petitioners 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, and therefore, the petitioner is also entitled to the same

relief as granted in the case of Manoj Khandelwal (supra) and

Krishan Lal (supra).

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:-

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"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 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."

(ARUN BHANSALI),J

33-Sachin/-