Rajasthan High Court - Jodhpur

Anil Patidar vs State Of Rajasthan on 3 February, 2021

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1975/2021

1. Anil Patidar S/o Devi Lal Patidar, Aged About 27 Years, R/o Mukam Post Silohi Patidar Mohalla, District Dungarpur. At Present As A Teacher (Subject Hind) At Mahatma Gandhi Government School Chikhli District Dungarpur Employee Id Rjud201839022118.

2. Manoj Kumar Joshi S/o Narayan Lal Joshi, Aged About 32 Years, R/o Vpo Pindawal Tehsil Sabla District Dungarpur. At Present As A Teacher (Subject Hind) At Mahatma Gandhi Government School Sabla District Dungarpur Employee Id Rjdu201815022080.

3. Ranjana Kumari Patidar W/o Pravin Patidar, Aged About 32 Years, R/o Patidar Basti, Salota Post Bhiluda District Dungarpur. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Bhadga District Dungarpur Employee Id Rjdu201815029686.

4. Kuldeep Joshi S/o Dinesh Chandra Joshi, Aged About 32 Years, R/o Vpo Barodiya Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Satsera District Banswara Employee Id Rjbn201803026489.

5. Laxman Singh Ninama S/o Dal Singh Ninama, Aged About 36 Years, R/o Village Post Sagwa Tehsil Sajjangarh District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Kaduni District Banswara Employee Id Rjpg201830005025.

6. Dinesh Chandra Patidar S/o Vallabh Patidar, Aged About 31 Years, R/o Village Karji Post Karji Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Godi Tejpur District Banswara Employee Id Rjbn20183021779.

7. Punit Thakur S/o Purna Shankar Thakur, Aged About 30 Years, R/o Vip Borodiya Tehsil Bagidora District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Choti Haro District Pratapgarh Employee Id Rjpg201830022493.

8. Sushila D/o Moti Singh, Aged About 36 Years, R/o Padla Jhakriya Phala Post Ramgarh Tehsil Kushalgarh District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School District Banswara

(2 of 5) [CW-1975/2021]

Employee Id Rjbn201803019993.

9. Aasha Patidar W/o Rakesh Patidar, Aged About 38 Years, R/o Vpo Surwaniya Tehsil And District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Panchayat Navakheda District Banswara Employee Id Rjbn201803022955.

10. Anita Garasiya W/o Kishan Lal, Aged About 35 Years, R/o Village Khundani Rupa Post Khundani Hala Tehsil Sajjangarh District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Saravani District Banswara Employee Id Rjbn201803021347.

11. Kishan Lal Balai S/o Vitthal Balai, Aged About 37 Years, R/o Vpo Surwaniya Tehsil And District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Lohagarh District Pratapgarh Employee Id Rjpg201830021807.

12. Jai Prakash Shrimali S/o Krishna Lla Shrimali, Aged About 38 Years, R/o Vpo Diwada Bada Tehsil Sagwada District Dungarpur. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Badi Virva District Chittorgarh Employee Id Rjct201811038072.

13. Yaseen Mohammad S/o Husain Mohammad, Aged About 37 Years, R/o V/p Jhallra Tehsil Salumber District Udaipur. At Present As A Teacher (Subject Hind) At Government Secondary School Amloda District Udaipur Employee Id Rjud201839023361.

14. Kalawati Purbia W/o Lokesh, Aged About 33 Years, R/o 62, Mela Ground Road, Jhadol Tehsil Jhadol District Udaipur. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Badrana District Udaipur Employee Id Rjud201839027160.

15. Mukesh Chandra Yadav S/o Tita Yadav, Aged About 28 Years, R/o Vp Kasarari Tehsil Sajjangarh District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Railpada District Pratapgarh Employee Id Rjpg201830034291.

16. Sunita Dindor W/o Laxman Lal Mavi, Aged About 35 Years, R/o Bakaner Salia, District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Bagayacha District Banswara Employee Id Rjbn201803026878.

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17. Kanti Lal Dindor S/o Teru Dindor, Aged About 33 Years, R/o Village Bavdi Dindor Post Chhoti Sarwa Tehsil Khushalgarh District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Kalighati District Banswara Employee Id Rjbn201830024125.

18. Bharat Singh Gujar S/o Bhur Singh Gurjar, Aged About 28 Years, R/o Village Khunta Roopji Tehsil Sajjangarh District Banswara. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Rohaniya District Banswara Employee Id Rjbn201703040596.

19. Mohan Lal Yadav S/o Mavji Yadav, Aged About 30 Years, R/o Village And Post Jaspur Jhapaka Tehsil Aspur District Dungarpur. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Rohanwara District Dungarpur Employee Id Rjdu201815020689.

20. Ranjit Kumar Ahari S/o Mohan Lal Ahari, Aged About 36 Years, R/o Mukam Moti Post Dhavdi Tehsil And District Dungarpur. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Asiyavav District Dungarpur Employee Id Rjdu201815025897.

21. Raj Kumar Sharma S/o Heera Lal Sharma, Aged About 33 Years, R/o Vpo Bhabarana Tehsil Salumber District Udaipur. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Mandali District Udaipur Employee Id Rjud201839035643.

22. Rakesh Kumar Meena S/o Bhima, Aged About 28 Years, R/o V/p Rajol, Tehsil Rishabhdeo District Udaipur. At Present As A Teacher (Subject Hind) At Government Senior Secondary School Anjani District Udaipur Employee Id Rjud201839029323.

23. Rajendra Kumar Meena S/o Rup Lal Meena, Aged About 37 Years, R/o Village Kandal Post Khanmin Tehsil Kherwara District Udaipur. At Present As A Teacher (Subject Hind) At Government Senior Secondary Sarupal School District Udaipur Employee Id Rjud201837020725.

----Petitioners Versus

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

2.    The    Director,   Secondary Education,

                                                                Bikaner,   District
                                        (4 of 5)                [CW-1975/2021]


         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.

8. The District Education Officer Secondary, Dungarpur.

                                                          ----Respondents


For Petitioner(s)          :   Mr. M.S. Shekhawat
For Respondent(s)          :



             HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

03/02/2021

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),

at 09:27:03 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 117-Sachin/-