Rajasthan High Court - Jodhpur

Sanjay Bunkar 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. 13352/2020

1. Sanjay Bunkar S/o Gatu Bunkar, Aged About 28 Years, Village Kharveda Post Biloda Tehsil Garhi District Banswara. At Present As A Teacher (Subject Math) At Government Senior Secondary School Dungar District Banswara Employee Id Rjbn201703038906

2. Dinesh Patidar S/o Rameng Patidar, Aged About 28 Years, Ganesh Chok Bori District Banswara. At Present As A Teacher (Subject Math) At Government Secondary School Khunti Bijiya District Banswara Employee Id Rjbn201703036493

3. Manisha Patidar D/o Ranchhod Patidar, Aged About 27 Years, Vpo Nougama Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Math) At Government Secondary School Ratapan District Dungarpur Employee Id Rjdu201715041800

4. Deepika Rathore D/o Satya Narayan Rathore, Aged About 27 Years, Ward No.31, Kalyan Colony, Banswara. At Present As A Teacher (Subject Math) At Government Senior Secondary School Kadva Amri District Banswara Employee Id Rjbn201803036262

5. Roshani Jain D/o Nagin Jain, Aged About 27 Years, Vpo Saroda Tehsil Sagwara District Dungarpur. At Present As A Teacher (Subject Math) At Government Senior Secondary School Kariyana District Dungarpur Employee Id Rjdu201815022280

6. Preeti Kunwar Rathore D/o Nathu Singh Rathore, Aged About 25 Years, Village Jogiwara Tehsil Aaspur District Dungarpur. At Present As A Teacher (Subject Math) At Government Senior Secondary School Bhekhared District Dungarpur Employee Id Rjdu201715040891

7. Lata Kumari Bunker W/o Govind Bunkar, Aged About 29 Years, Vipin Vivek Nivas Post Ghatol District Banswara. At Present As A Teacher (Subject Math) At Government Senior Secondary School Chhoti Padal District Banswara Employee Id Rjbn201803028460

8. Ajay Kumar Yadav S/o Prem Ji Yadav, Aged About 31 Years, 7/45 Khandu Colony, Banswara. At Present As A Teacher (Subject Math) At Government Senior Secondary School Charkani District Banswara Employee Id

(2 of 4) [CW-13352/2020]

Rjbn201703037904

9. Kirti Prajapat D/o Ramesh Chandra Prajapat, Aged About 26 Years, 424, Vidhyut Nagar, Udaipur Road, Banswara. At Present As A Teacher (Subject Math) At Government Senior Secondary School Katumbi District Banswara Employee Ir Rjbn201803032530

10. Taslim Banu W/o Salman Pinjara, Aged About 25 Years, 7/89, Khandu Colony, Banswara. At Present As A Teacher (Subject Math) At Government Secondary School Pani Wala Gda District Banswara Employee Id Rjbn201703037909

11. Kapil Solanki S/o Premji Solanki, Aged About 26 Years, Vpo Bagidora Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Math) At Government Senior Secondary School Sabbalpura Block Kushalgarh District Banswara Employee Id Rjbn201803029993

12. Manoj Kumar Patidar S/o Akshayraj Patidar, Aged About 30 Years, Vpo Pindarma Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Math) At Government Senior Secondary Ravatfala Ghata District Banswara Employee Id Rjud201837018607

13. Dilip Damor S/o Natwar Singh Damor, Aged About 29 Years, Vpo Sithal Tehsil Seemalwara District Dungarpur. At Present As A Teacher (Subject Math) At Government Senior Secondary School Ghodi Tejpur District Banswara Employee Id Rjbn201803027106

14. Seema Bhatt W/o Nitin Bhatt, Aged About 44 Years, Javahar Colony, Mordi Partapur District Banswara. At Present As A Teacher (Subject Math) At Government Senior Secondary School Karanpur District Banswara Employee Id Rjbn201803025473

15. Ravi Panchal S/o Hiralal Panchal, Aged About 31 Years, Village Post Chokhala (Barodiya) Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Math) At Government Adarsh Senior Secondary School Lankai District Banswara Employee Id Rjbn201803021567

16. Jaydeep Patel S/o Gautam Patel, Aged About 27 Years, V/p Chich Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Math) At Government Senior Secondary School Chhalkatalai District Banswara Employee Id Rjbn201803030142

----Petitioners

(3 of 4) [CW-13352/2020]

Versus

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

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

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

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

5. The District Education Officer, Secondary, Udaipur.

6. The District Education Officer, Secondary, Banswara.

7. The District Education Officer, Dungarpur.

8. The District Education Officer, Secondary, Pratapgarh.

                                                                ----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

(4 of 4) [CW-13352/2020]

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 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."