Rajasthan High Court - Jodhpur

Natwar Bhoi vs State Of Rajasthan on 2 February, 2021

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13718/2020

1. Natwar Bhoi S/o Ramlal Bhoi, Aged About 28 Years, R/o Vpo Aspur Tehsil Aspur District Dungarpur At Present As A Teacher (Subject Maths) At Government Secondary School Mandali District Dungarpur Employee Id Rjud201715037762

2. Archana Garasia D/o Nanu Lal Garasia, Aged About 27 Years, R/o Village Sagwa District Banswara. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Chokhwara District Banswara Employee Id Rjbn201703042980

3. Kamlesh Bariya S/o Dhul Singh Bariya, Aged About 26 Years, R/o Village Amlipada Post Timeda Bada Tehsil Kushalgarh District Banswara. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Bhagatpura Kushalgarh District Banswara Employee Id Rjbn201703037605

4. Hitesh Kumar Patel S/o Nanu Lal Patel, Aged About 27 Years, R/o Nai Aabadi Partapur Road, Vpo Naugama Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Tambasera District Banswara, Employee Id Rjbn201703034860

5. Nimesh Joshi S/o Vasudev Joshi, Aged About 28 Years, R/o Vpo Jogpur, Tehsil Galiyakot District Dungarpur. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Khudarda District Dugnarpur Employee Id Rjdu201815029987

6. Hitesh Kumar Bunkar S/o Devram Bunkar, Aged About 27 Years, R/o Vpo Diwara Bada Tehsil Sagwara, District Dungarpur. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Bhekhared District Dungarpur Employee Id Rjdu201715041245

7. Pankaj Swarnakar S/o Chandra Shekhar Soni, Aged About 32 Years, R/o Tripura Basti, Vpo Thikaria District Banswara. At Present As A Teacher (Subject Maths) At Government Secondary School Deri District Dungarpur Employee Id Rjdu2017150

8. Chinmay Bhatt S/o Lalit Bhatt, Aged About 25 Years, R/o Village Post Jethana Tehsil Sagwara District Dungarpur. At

(2 of 4) [CW-13718/2020]

Present As A Teacher (Subject Maths) At Government Senior Secondary School Bhojato Ka Oda District Dungarpur. Employee Id Rjdu201715041244

9. Vinod Kumar Joshi S/o Onkar Lal Joshi, Aged About 39 Years, R/o Post Pindawal Tehsil Sabla District Dungarpur. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Bhadga District Dungarpur. Employee Id Rjdu201815029669

10. Deepika Lohar W/o Hitesh Kumar Lohar, Aged About 27 Years, R/o Mukam Post Upargaon, District Dungarpur. At Present As A Teacher (Subject Maths) At Government Secondary School Chhela District Dungarpur Employee Id Rjdu201715040632

11. Ashish Patidar S/o Vasudev Patidar, Aged About 25 Years, R/o Vpo Gowari Tehsil Sagwara District Dungarpur. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Devla District Dungarpur Employee Id Rjdu201815027297

12. Rahul Kumar Patidar S/o Harish Chandra Patidar, Aged About 25 Years, R/o Vpo Jhadas District Banswara. At Present As A Teacher (Subject Maths) At Government Secondary School Jher District Banswara Employee Id Rjud201737035749

13. Mukesh Kumar S/o Vajeng, Aged About 26 Years, R/o Vpo Biloda Tehsil Garhi District Banswara. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Pothivada District Banswara. Employee Id Rjbn201503030282

14. Kamlesh Patidar S/o Tajeng, Aged About 29 Years, R/o Vpo Biloda Tehsil Gardhi District Banswara. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Menapadar District Banswara. Employee Id Rjbn201703036731

15. Ravindra Kumar Patidar S/o Madhav Patidar, Aged About 27 Years, R/o V And P Bori Tehsil Garhi District Banswara. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Ratanpura, District Banswara Employee Id Rjud201737033825

16. Bhogilal Patidar S/o Kuriya Ji Patidar, Aged About 29 Years, R/o Village Bhano Ka Parda Post Paderi Tehsil Garhi District Banswara. At Present As A Teacher (Subject Maths) At Government Senior Secondary School Vareth District Banswara Employee

at 09:07:46 PM) (3 of 4) [CW-13718/2020]

----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, 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 Secondary, Dungarpur

8. The District Education Officer Secondary, Pratapgarh.

                                                                 ----Respondents


For Petitioner(s)          :    Mr. Dinesh Ojha
For Respondent(s)          :


             HON'BLE MR. JUSTICE ARUN BHANSALI
                            Order

02/02/2021

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).

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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."