Radha Meena vs State Of Rajasthan
2021 Latest Caselaw 3194 Raj

Citation : 2021 Latest Caselaw 3194 Raj
Judgement Date : 5 February, 2021

Rajasthan High Court - Jodhpur

Radha Meena vs State Of Rajasthan on 5 February, 2021

(1 of 4) [CW-2031/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2031/2021

1. Radha Meena D/o Nand Lal Meena, Aged About 30 Years, Village Dheekwas, Tehsil Kherwara, District Udaipur. At Present Working As Senior Teacher Subject Hindi.

2. Naresh Kumar Balai S/o Punja Lal Balai, Aged About 32 Years, Village Nagar, Post Adiwali, Tehsil Kherwara, District Udaipur. At Present Working As Senior Teacher Subject Hindi.

3. Preetam Singh Garasiya S/o Dhula Ram, Aged About 31 Years, Village Katarwas Khurd, Po St Katarwas, Tehsil Kherwara, District Udaipur. At Present Working As Senior Teacher Subject Hindi.

4. Kavita Kumari Damor D/o Chandu Lal Damor, Aged About 27 Years, Village Kanbai, Post Kanbai, Tehsil Kherwara, District Udaipur. At Present Working As Senior Teacher Subject Sanskrit.

5. Anil Kumar Salvi S/o Jeewat Ram Salvi, Aged About 31 Years, Village Kharadiwara, Post Adiwali, Tehsil Kherwara, District Udaipur. At Present Working As Senior Teacher Subject Sanskrit.

6. Mahima Meena D/o Shanti Lal Meena, Aged About 26 Years, Village Kherat Fala, Pipli B, Post Pipli B, Tehsil Rishabhdev, District Udaipur. At Present Working As Senior Teacher Subject Mathematics.

7. Chetana Suthar D/o Gaurishankar Suthar, Aged About 32 Years, Village Gowari, Tehsil Sagwara, District Dungarpur. At Present Working As Senior Teacher Subject English.

8. Juber Khan S/o Subedar Khan, Aged About 45 Years, Village Khohra Peepli, Tehsil Kishangarh Bas, District Alwar. At Present Working As Senior Teacher Subject English.

9. Poonam Yadav D/o Mahendra Singh Yadav, Aged About 35 Years, Village Koushalpur, Tehsil Kishangarh Bas, District Alwar. At Present Working As Senior Teacher Subject Sanskrit.

10. Manisha Bai D/o Deep Chand, Aged About 32 Years, Village Kishangarh Bas, Tehsil Kishangarh Bas, District Alwar. At Present Working As Senior Teacher Subject

(2 of 4) [CW-2031/2021]

Hindi.

11. Sube Singh Prajapat S/o Harphool Prajapat, Aged About 44 Years, Vpo Mainpur, Tehsil Mandawar, District Alwar. At Present Working As Senior Teacher Subject Sanskrit.

12. Ramchander S/o Gahada Ram, Aged About 43 Years, Post Hatundi, Tehsil Mundawar, District Alwar. At Present Working As Senior Teacher Subject Hindi.

13. Ashok Kumar S/o Ratan Singh Yadav, Aged About 43 Years, Village Siror Khurd, Post Saray Kalan, Tehsil Mundawar, District Alwar. At Present Working As Senior Teacher Subject Hindi.

14. Arun Kumar S/o Raja Ram, Aged About 40 Years, Vpo Majari Bhanda, Post Rajwara, Tehsil Mundawar, District Alwar. At Present Working As Senior Teacher Subject Social Science.

15. Dinesh Kumari D/o Dhan Singh, Aged About 39 Years, Village Bagheri Khurd, Tehsil Kotkasim, District Alwar. At Present Working As Senior Teacher Subject Hindi.

----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 Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan

----Respondents

For Petitioner(s) : Mr. K.P. Raj Singh Deora.

For Respondent(s)          :



             HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

05/02/2021

This writ petition has been filed by petitioners seeking reliefs

as indicated in the writ petition.

(3 of 4) [CW-2031/2021]

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 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.

(4 of 4) [CW-2031/2021]

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."