Rajasthan High Court - Jodhpur
Reena Rawat 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. 13353/2020
1. Reena Rawat D/o Bhalji Rawat, Aged About 26 Years, R/o
Post Jhikli Tehsil Kushalgarh District Banswara. At Present
Working As A Senior Teacher At Govt. Senior Secondary
School Chandarwada District Banswara (Subject English)
Empl. Id Rjbn.
2. Mamta Mittal W/o Narendra Mittal, Aged About 44 Years,
R/o 58/05 Rati Talai District Banswara. At Present
Working As A Senior Teacher At Govt. Senior Secondary
School Rewliya Khurd District Pratapgarh. (Subject
English) Empl. Id Rjpg20630000025.
3. Mani Kumari Amliyar D/o Lakshman Amliyar, Aged About
26 Years, R/o Village Rangi Post Tambesara Tehsil
Sajjangarh District Banswara. At Present Working As A
Senior Teacher At Govt. Senior Secondary School Gaduli
District Banswara. (Subject English) Empl. Id
Rjbn201703037618.
4. Abha Jain D/o Ramesh Chandra Jain, Aged About 42
Years, R/o 29 Mateshwari Colony Bargaon District
Udaipur. At Present Working As A Senior Teacher At Govt.
Senior Secondary School Ishwal Bargaon District Udaipur.
(Subject English) Empl. Id Rjud201837032279.
5. Pravin Kumar Patidar S/o Kacharu Lal Patidar, Aged About
28 Years, R/o Village Agf Udaiya Post Silohi Tehsil
Galiyakot District Dungarpur. At Present Working As A
Senior Teacher At Govt. Senior Secondary School Dokar
Block Anandpuri District Banswara. (Subject English)
Empl. Id Rjdu201715041372.
6. Indu Sharma W/o Divyesh Sevak, Aged About 36 Years,
R/o Near Surajpol Sadar Bazar, Rishabhdev District
Udaipur. At Present Working As A Senior Teacher At Govt.
Senior Secondary School Rundera District Udaipur.
(Subject English) Empl. Id Rjud201839023835.
7. Apurv Dave S/o Mukesh Chandar Dave, Aged About 34
Years, R/o V/p Lohariya Tehsil Garhi District Banswara. At
Present Working As A Senior Teacher At Govt. Senior
Secondary School Bhawaliya District Chittaurgarh.
(Subject English) Empl. Id Rjct201811027192.
----Petitioners
(2 of 3) [CW-13353/2020]
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, Banswara.
6. 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).
(3 of 3) [CW-13353/2020]
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."
(ARUN BHANSALI),J
29-Sachin/-
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