Rajasthan High Court - Jodhpur

Shambu Lal Dindor 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. 13612/2020

1. Shambu Lal Dindor S/o Kallu Dindor, Aged About 27 Years, R/o Village Nawlapada Kheda Vadlipada District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Kadum District Udaipur Employee Id Rjud201839029279.

2. Ranchod Patidar S/o Bhanji Patidar, Aged About 27 Years, R/o Village Kalika Parda Post Mota Tanda Tehsil Ganoda District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Secondary School Mandali District Udaipur Employee Id Rjud201839036226.

3. Abhijeet Singh Chauhan S/o Manohar Singh Chauhan, Aged About 25 Years, R/o Village Ka Ka Ji Ka Gada Post Mota Tanda Tehsil Ganoda District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Bassi Salumber District Udaipur Employee Id Rjud201839020851.

4. Chandra Prakash Patel S/o Mani Lal Patel, Aged About 35 Years, R/o Vpo Rohida Tehsil Garhi District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Devgaon District Udaipur Employee Id Rjud201839020497.

5. Yogyanesh Kumar Choubisa S/o Shanti Lal Choubisa, Aged About 35 Years, R/o Vp Gothada Tehsil Sabla District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Kara Kalan District Udaipur Employee Id Rjud201839026883.

6. Anjali Adhikari W/o Chitraman Vaishnav, Aged About 30 Years, R/o 6-A Shyam Colony, Behind Sajan Sajani Garden, Banswara. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Rawatfala Ghata District Banswara Employee Id Rjbn201203036195.

7. Dhawal Thaker S/o Mahendra Thaker, Aged About 29 Years, R/o Ward No. 4, Bunkar Basti Vpo Nadia District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Chikali District Dungarpur Employee Id Rjdu201815032107.

8. Jitendra S/o Shanker Lal, Aged About 28 Years, R/o

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Village Panchmahudi Post Karji Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Secondary School Mandavjher District Pratapgarh Employee Id Rjdu201715033051.

9. Ramesh Chandra S/o Gongee, Aged About 37 Years, R/o Village Teliya Daida Post Karji Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Sevna District Pratapgarh Employee Id Rjpg201830039286.

10. Naresh Adiwasi S/o Ranchhod Adiwasi, Aged About 31 Years, R/o Village Post Chhinch Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Madaksima District Udaipur Employee Id Rjud201839030538.

11. Bhuralal Maida S/o Laxman Maida, Aged About 25 Years, R/o Village Survan Post Mohakampura District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Chokwara District Banswara Employee Id Rjdu201715032907.

12. Pavan Kumar Patidar S/o Dayalal Patidar, Aged About 40 Years, R/o Village Parsoliya Post Garhi Tehsil Garhi District Banswara. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Baba Ki Bar District Dungarpur Employee Id Rjdu201815029463.

13. Sonal Shrimali W/o Jay Prakash Shrimali, Aged About 27 Years, R/o Vpo Diwada Bada Vaya Bhiluda Tehsil Sagwara District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Panchalasa Chhota, District Dungarpur Employee Id Rjdu201815020779.

14. Dilip Kumar Patidar S/o Khemji Patidar, Aged About 28 Years, R/o Vpo Chitri Tehsil Galiyakot District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Badi Virva District Udaipur Employee Id Rjud2018370361489.

15. Hiral Kumari Mehta W/o Anshul Joshi, Aged About 29 Years, R/o Vpo Ghotad Tehsil Sagwra District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Pal Kolkhanda District Dungarpur Employee Id Rjdu201815026575.

16. Jagdish Chandra Punjot S/o Kuber Lal Punjot, Aged About

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39 Years, R/o V/p Barbodaniya Tehsil Sagwara District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Maal District Dungarpur Employee Id Rjjl201221016539.

17. Akhilesh Tailor S/o Uma Shanker Tailor, Aged About 38 Years, R/o Village Ambada Vaya Khadagada Tehsil Galiyakot District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Girls Secondary School Gandha Pal District Dungarpur Employee Id Rjra201231049421.

18. Samita Pandya W/o Devendra Kumar Bhatt, Aged About 35 Years, R/o Vpo Ghotad Tehsil Sagwara District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Lilwasa District Dungarpur Employee Id Rjdu201815020484.

19. Vasudev Patidar S/o Thobji, Aged About 38 Years, R/o Vpo Samaliya Via Saroda Tehsil Sagwara District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Secondary School Amloda District Udaipur Employee Id Rjud201839032891.

20. Kamlesh Rebari S/o Raman Lal Rebari, Aged About 30 Years, R/o Vpo Kothariya Dhant Tehsil Sagwara District Dungarpur. At Present As A Teacher (Subject Sanskrit) At Government Senior Secondary School Samoda District Udaipur Employee Id Rjud201839027413.

----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, 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, Pratapgarh.

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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 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).

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

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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."