Rajasthan High Court - Jodhpur

Dunger Singh vs State Of Rajasthan on 22 February, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3234/2021

1. Dunger Singh S/o Prabhu Dan, Aged About 28 Years, At Present Posted At Government Upper Primary School Gangara Nada, Kerla, Block Bapini, Dist. Jaipur, Rajasthan.

2. Ajay Kumar S/o Rajender Singh, Aged About 27 Years, At Present Posted At Gups Barula,block Mandrail, Dist. Karauli, Rajasthan .

3. Anil Kumar S/o Ram Prasad Bhakar, Aged About 26 Years, At Present Posted At Ggups Arwar , Block Moondwa, Dist. Nagaur, Rajasthan .

4. Anil Kumar Sharma S/o Satyanarayan Sharma, Aged About 29 Years, At Present Posted At Gups Napnya Gujran ,block Bakani, Dist. Jhalawar, Rajasthan .

5. Ashima Bishnoi D/o Omprakash, Aged About 36 Years, At Present Posted At Gss Singhpura , Block Sangria, Dist. Hanumangarh, Rajasthan .

6. Ashok Kumar Bamniya S/o Shyam Lal, Aged About 33 Years, At Present Posted At Gups Khadi Jageer,block Manohar Thana, Dist. Jhalawar, Rajasthan .

7. Baljender Singh S/o Sunderpal Singh, Aged About 36 Years, At Present Posted At Gups Surji Ka Guda, Block Mavli Dist. Udaipur, Rajasthan .

8. Barkha Tiwari D/o Hargovind Tiwari, Aged About 31 Years, At Present Posted At Gups Bajpura, Block Bhawani Mandi, Dist. Jhalawar. Rajasthan .

9. Bhagwati Kanwar D/o Rajendra Singh, Aged About 28 Years, At Present Posted At Ggups Harsolav, Block Mertacity, Dist. Nagaur, Rajasthan .

10. Bhawani Singh S/o Jet Singh Rathore, Aged About 30 Years, At Present Posted At Gups Janta Sagar Chaniasara, Block Khinwsar, Dist. Nagaur, Rajasthan .

11. Bodu Ram S/o Girdhari Ram Choudhary, Aged About 31 Years, At Present Posted At Ggups Bhakri, Block Parbatsar, Dist. Nagaur, Rajasthan .

12. Champa Rani D/o Jetha Ram, Aged About 36 Years, At Present Posted At Gups 1 N Jagtewala, Block Karanpur ,dist. Ganganagar, Rajasthan .

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13. Chandrakala Solanki D/o Anandi Lal, Aged About 30 Years, At Present Posted At Gups Tarnavo Ka Khera, Block Kapasan, Dist. Chittorgarh, Rajasthan .

14. Charanjeet Kour D/o Santokh Singh, Aged About 34 Years, At Present Posted At Gups Holi, Block Mavli, Dist. Udaipur, Rajasthan .

15. Chiman Lal S/o Hans Raj, Aged About 33 Years, At Present Posted At Gups 8 Blm, Block Srivijaynagar, Dist. Ganganagar, Rajasthan .

16. Chitra D/o Manoj Kumar, Aged About 33 Years, At Present Posted At Gups Sevki Kallan , Block Baori , Dist. Jodhpur, Rajasthan .

17. Deepti D/o Manohar Lal, Aged About 34 Years, At Present Posted At Gups Kishanpura, Block Suratgarh , Dist. Ganganagar, Rajasthan .

18. Durgesh Meena D/o Sukh Pal Meena, Aged About 31 Years, At Present Posted At Gups Ghughwa , Block Bhwani Mandi, Dist Jhalawar, Rajasthan .

19. Ganpat Ram Vyas S/o Laxman Lal Vyas, Aged About 34 Years, At Present Posted At Gups Mandara, Block Gogunda, Dist. Udaipur,rajasthan .

20. Gayatri Kanwar D/o Chain Singh, Aged About 27 Years, At Present Posted At Gups Darbiji, Block Sultanpur , Dist. Kota, Rajasthan .

21. Ghanshyam Sankla S/o Suraj Mal Sankla, Aged About 34 Years, At Present Posted At Gups Padampura , Block Jahajpur, Dist. Bhilwara, Rajasthan .

22. Hansraj Gurjar S/o Gopiram Gurjar, Aged About 33 Years, At Present Posted At Gups 23 Gb, Block Srivijaynagar, Dist. Ganganagar, Rajasthan .

23. Harish Mehra S/o Nawal Kishor, Aged About 36 Years, At Present Posted At Gups Goriya Khera Poddar, Block Manohar Thana , Dist. Jhalawar, Rajasthan .

24. Hasta Ram S/o Champa Lal, Aged About 29 Years, At Present Posted At Gups Nai Basti Komta, Block Sayla, Dist. Jalore, Rajasthan .

25. Heena Yadvendra D/o Surendra Yadvendra, Aged About 31 Years, At Present Posted At Gups Hanotiya , Block Sultanpur , Dist. Kota, Rajasthan .

26. Himanshu Kumar Carpenter S/o Mansha Ram, Aged

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About 34 Years, At Present Posted At Gups Molkya Kalan , Block Bakani, Dist. Jhalawar, Rajasthan .

27. Himmat Lal Soni S/o Chhagan Lal Soni, Aged About 37 Years, At Present Posted At Gups Lakshmanpura, Block Bhinder, Dist. Udaipur, Rajasthan .

28. Imran S/o Abdul Kayyum, Aged About 34 Years, At Present Posted At Gups Gujron Ki Dhani Bhadwa , Block Parbatsar, Dist. Nagaur, Rajasthan .

29. Indra Raj Meena S/o Ram Kishan Meena, Aged About 29 Years, At Presnt Posted At Gups Bisali, Block Manohar Thana , Dist. Jhalawar, Rajasthan .

30. Indu Bala Yadav W/o Bharat Singh Panwar, Aged About 27 Years, At Present Posted At Gups Puniya Khedi, Block Bakani, Dist. Jhalawar, Rajasthan .

31. Jagdish Prasad Meena S/o Durga Shankar Meena, Aged About 38 Years, At Present Posted At Gups Narheda , Block Manohar Thana, Dist. Jhalawar, Rajasthan .

32. Jaidev Jangir S/o Mangeram Jangir, Aged About 36 Years, At Present Posted At Gups Khinwlayi Nadi Bhadla , Block Panchu , Dist. Bikaner, Rajasthan .

33. Julie Shivhare D/o Brijmohan Shivhare, Aged About 27 Years, At Present Posted At Gups Faredua Talhati , Block Sahabad , Dist. Baran, Rajasthan .

34. Jyoti Mittal D/o Darshan Lal, Aged About 33 Years, At Present Posted At Gups Dhani Bhktwar Singh Wali , Block Sangria , Dist. Hanumangarh, Rajasthan .

35. Kalu Lal Lodha S/o Prabhulal, Aged About 26 Years, At Present Posted At Gups Lodakheda , Block Bakani, Dist. Jhalawar, Rajasthan .

36. Kamal Deep Kaur D/o Lakhveer Singh, Aged About 27 Years, At Present Posted At Ggups Rampur Anyola, Block Suratgarh, Dist. Ganganagar, Rajasthan .

37. Kuldeep Sharma S/o Vishnu Sharma, Aged About 99 Years, At Present Posted At Gups Dimokhari, Block Mandrial , Dist. Karauli, Rajasthan .

38. Lalit Kumar S/o Ganesha Ram, Aged About 29 Years, At Present Posted At Mgems Jaswantpura, Block Jaswantpura , Dist. Jalore, Rajasthan .

39. Lalit Kumar S/o Mamraj, Aged About 30 Years, At Present Posted At Gups 59F, Block Karanpur, Dist. Ganganagar,

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Rajasthan .

40. Lalit Kumar S/o Sultan Singh, Aged About 32 Years, At Present Posted At Gups Bhavara, Block Gogunda ,dist. Udaipur, Rajasthan .

41. Manish Kumar S/o Suresh Chand Sharma, Aged About 39 Years, At Present Posted At Gups Baig Pahari, Block Nagar ,dist. Bharatpur, Rajasthan .

42. Manish Pankaj S/o Nand Kishor Pankaj, Aged About 29 Years, At Present Posted At Gups Doli Ganeshganj, Block Itawa, Dist. Kota, Rajasthan .

43. Manoj Kumar Mehta S/o Harishanker Mehta, Aged About 31 Years, At Present Posted At Gups Banskhera, Block Khanpur, Dist. Jhalawar, Rajasthan .

44. Manoj Nagar S/o Kunj Bih Rajasthan .ari Nagar, Aged About 28 Years, At Present Posted At Gups Ratanpura ,block Chhipabarod, Dist. Baran, Rajasthan .

45. Monika D/o Dharmveer, Aged About 27 Years, At Present Posted At Gups Asaranada, Block Mandore, Dist. Jodhpur, Rajasthan .

46. Monika Chayal D/o Mohan Lal Chayal, Aged About 31 Years, At Present Posted At Gups Baganiyon Ki Dhani Bhojasar, Block Phalodi, Dist. Jodhpur, Rajasthan .

47. Mukesh Kumar Bairwa S/o Panchu Lal Bairwa, Aged About 34 Years, At Present Posted At Gups Jagpura, Block Mandalgarh, Dist. Bhilwara, Rajasthan .

48. Narendra Meena S/o Laxman Meena, Aged About 34 Years, At Present Posted At Gups Laxmipura Jagir, Block Manohar Thana, Dist .jhalawar, Rajasthan .

49. Neelam D/o Ram Singh, Aged About 29 Years, At Present Posted At Gups Viyal , Block Bdgaon , Dist Udaipur, Rajasthan .

50. Neeru Garg D/o Hans Raj Garg, Aged About 33 Years, At Present Posted At Gups 11 Sd, Block Suratgarh, Dist. Ganganagar, Rajasthan .

51. Pooja Bajaj D/o Ramesh Kumar, Aged About 27 Years, At Present Posted At Gups Bharinagar , Block Baori , Dist Jodhpur, Rajasthan .

52. Poonam Rawat W/o Manoj Gurjar, Aged About 28 Years, At Present Posted At Gups Khod, Block Bhawani Mandi, Dist. Jhalawar, Rajasthan .

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53. Pradeep Meena S/o Mahaveer Prasad Meena, Aged About 27 Years, At Presnt Posted At Gups Mohan Nagar,block Bhensroadgarh, Dist. Chittorgarh, Rajasthan .

54. Prakash Bawal S/o Vijay Ram Bawal, Aged About 38 Years, At Present Posted At Gups Khangdi,block Sumerpur, Dist. Pali, Rajasthan .

55. Preetam Singh S/o Rajendra Kumar Pahadiya, Aged About 31 Years, At Present Posted At Gups Dhaturiya , Block Shahabad , Dist. Baran, Rajasthan .

56. Priyanka Verma D/o Banwari Lal Verma, Aged About 33 Years, At Present Posted At Gups Maliyon Ki Dhani Jayal, Block Jayal, Dist. Nagar, Rajasthan .

57. Rachana Saini D/o Jagdish Prasad Saini, Aged About 34 Years, At Present Posted At Gups Naharpura, Block Raipur, Dist. Pali, Rajasthan .

58. Rajaram Nagar S/o Prahlad Nagar, Aged About 28 Years, At Present Posted At Ggups Sirpoi, Block Sunel , Dist. Jhalawar, Rajasthan .

59. Rajendra Kumar Lodha S/o Prabhulal Lodha, Aged About 30 Years, At Present Posted At Gups Dudhaliya, Block Bakani, Dist. Jhalawar, Rajasthan .

60. Rajendra Verma S/o Mala Ram, Aged About 27 Years, At Present Posted At Gups Ratanpur Ki Saray, Block Bhinder, Dist. Udaipur, Rajasthan .

61. Rajshree Sharma D/o Om Prakash Sharma, Aged About 29 Years, At Present Posted At Gups Ujaliya ,block Baori Dist Jodhpur, Rajasthan .

62. Ramesh S/o Rusi Ram, Aged About 34 Years, At Present Posted At Gups Babaniyo Ki Dhani, Block Lohawat, Dist Jodhpur, Rajasthan .

63. Ranu Vaya W/o Vishal Dak, Aged About 27 Years, At Present Posted At Gups Ranchhodpura, Block Bhinder, Dist. Udaipur, Rajasthan .

64. Rashmi Jain D/o Ashok Jain, Aged About 35 Years, At Present Posted At Ggss Naurangdesar, Block Hanumangarh , Dist. Hanumangarh, Rajasthan .

65. Ravi Kumar S/o Babu Lal, Aged About 31 Years, At Present Posted At Gups Ratanpura , Block Manohar Thana, Dist Jhalawar, Rajasthan .

66. Rita Saluja D/o Ved Parkash Saluja, Aged About 39 Years,

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At Present Posted At Gups 18 F Bada, Block Ganganagar, Dist. Ganganagar, Rajasthan .

67. Sangeeta Karwasra D/o Sanwar Mal, Aged About 26 Years, At Present Posted At Gss Jhalalar, Block Jayal ,dist. Nagaur. Rajasthan .

68. Sangeeta Kumari D/o Deep Narayan, Aged About 29 Years, At Present Posted At Gups Khodiyanada, Block Bap, Dist. Jodhpur, Rajasthan .

69. Sanjay Kumar S/o Gobind Ram, Aged About 34 Years, At Present Posted At Gups 2 Sgr Dingwala, Block Pilibangan, Dist. Hanumangarh, Rajasthan .

70. Sanju D/o Banwari Lal, Aged About 29 Years, At Present Posted At Gups Lalpura Odan, Block Suratgarh ,dist. Ganganagar, Rajasthan .

71. Sharda Swami D/o Hariprasad Swami, Aged About 35 Years, At Present Posted At Gups 6Llw Nawan , Block Hanumangarh , Dist. Hanumangarh, Rajasthan .

72. Sharmila D/o Chandrabhan, Aged About 30 Years, At Present Posted At Gups Pabupura Kumaharan, Block Luni, Dist. Dist. Jodhpur, Rajasthan .

73. Shaxi W/o Sanjay Soni, Aged About 29 Years, At Present Posted At Gups Miyasani, Block Luni , Dist. Jodhpur. Rajasthan , Rajasthan .

74. Shyam Lal S/o Sukh Dev, Aged About 33 Years, At Present Posted At Gups Utri Meghwalo Ki Dhani Gudha Bhagwandas, Block Khinvsar, Dist. Nagaur, Rajasthan .

75. Sheel Vanti D/o Krishan Lal, Aged About 25 Years, At Present Posted At Gss Hindor, Block Suratgarh, Dist. Ganganagar, Rajasthan .

76. Shivangi Parashar W/o Abhishek Parashar, Aged About 30 Years, At Present Posted At Gups Jhopdiya, Block Suwana, Dist. Bhilwara, Rajasthan .

77. Sobhag Mal Meena S/o Bajrang Lal Meena, Aged About 44 Years, At Present Posted At Gups Nayakheda, Block Sahada, Dist. Bhilwara, Rajasthan .

78. Suman D/o Sube Singh, Aged About 33 Years, At Present Posted At Gups Dabhawali, Block Nagar, Dist. Bharatpur, Rajasthan .

79. Suman Poonia D/o Mewa Singh, Aged About 31 Years, At Present Posted At Ggups Khempur 2, Block Mavli, Dist.

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      Udaipur, Rajasthan .

80. Sumit S/o Sharwan Kumar, Aged About 36 Years, At Present Posted At Gups Chuwad, Block Jayal, Dist. Nagaur,rajasthan .

81. Sunayana Barag D/o Umakant Barag, Aged About 32 Years, At Present Posted At Gups Deeppura, Block Ladpura , Dist. Kota, Rajasthan .

82. Surendra Rathi S/o Shankar Lal, Aged About 26 Years, At Present Posted At Gups Jana, Block Sumerpur, Dist. Pali, Rajasthan .

83. Swarupa Ram S/o Karana Ram, Aged About 28 Years, At Present Posted At Gups Saruponiyo Ka Bera, Block Balotra, Dist. Barmer, Rajasthan .

84. Tamanna Bishnoi D/o Prem Prakash, Aged About 34 Years, At Present Posted At Ggups Malarampura , Block Sangria Dist. Hanumangarh, Rajasthan .

85. Vandana Sharma D/o Shankar Lal Sharma, Aged About 37 Years, At Present Posted At Gups 4Lk, Block Hanumangarh ,dist. Hanumangarh, Rajasthan .

86. Vandana Soni D/o Hari Ballabh Soni, Aged About 26 Years, At Present Posted At Gups Pajantori, Block Shahabad, Dist. Baran, Rajasthan .

87. Veerpal Singh S/o Ranjit Singh Rawat, Aged About 38 Years, At Present Posted At Gups Chopro Ki Dhani, Block Mertacity, Dist. Nagaur, Rajasthan .

88. Vidhya Suman D/o Durga Shankar, Aged About 35 Years, At Present Posted At Gups Malkheda, Block Bhawani Mandi, Dist. Jhalawar, Rajasthan .

89. Vijay Kumar Gurjar S/o Ramhetar Gurjar, Aged About 27 Years, At Present Posted At Gups Heenchar, Block Khanpur, Dist. Jhalawar, Rajasthan .

90. Vimala Manda D/o Surja Ram Manda, Aged About 27 Years, At Present Posted At Gups Khokhari, Block Ladnun, Dist. Nagaur, Rajasthan .

91. Vivek Sharma S/o Hastimal Sharma, Aged About 32 Years, At Present Posted At Gups Girasiya Colony Ghanerao, Block Desuri, Dist. Pali, Rajasthan .

92. Yogita Suthar D/o Mohan Lal Suthar, Aged About 31 Years, At Present Posted At Gups Savaniya, Block Mavli, Dist. Udaipur, Rajasthan .

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                                                                   ----Petitioners
                                  Versus

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

2. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

3. The District Elementary Education Officer, Barmer, Rajasthan.

4. The District Elementary Education Officer, Jhalawar, Rajasthan.

5. The District Elementary Education Officer, Baran, Rajasthan.

6. The District Elementary Education Officer, Sri Ganganagar, Rajasthan.

7. The District Elementary Education Officer, Nagaur, Rajasthan.

8. The District Elementary Education Officer, Udaipur, Rajasthan.

9. The District Elementary Education Officer, Chittorgarh, Rajasthan.

10. The District Elementary Education Officer, Pali, Rajasthan.

11. The District Elementary Education Officer, Jalore, Rajasthan.

12. The District Elementary Education Officer, Bhilwara, Rajasthan.

13. The District Elementary Education Officer, Jodhpur, Rajasthan.

14. The District Elementary Education Officer, Karauli, Rajasthan.

15. The District Elementary Education Officer, Kota, Rajasthan.

16. The District Elementary Education Officer, Bharatpur, Rajasthan.

17. The District Elementary Education Officer, Hanumangarh, Rajasthan.

                                                                 ----Respondents




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For Petitioner(s)         :     Mr. RR Ankiya
For Respondent(s)         :



                      JUSTICE DINESH MEHTA

                                 Judgment

22/02/2021

Learned counsel for the petitioners submits 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. The

petitioners are also entitled to the same relief as granted in the

case of Manoj Khandelwal (supra) and Krishan Lal (supra) claims

learned counsel.

In view of the submissions made, the writ petition filed by

the petitioner 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

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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."

For the purpose aforesaid, the petitioner shall file

representation before the competent authority giving out the

requisite details along with certified copy of the order instant

within a period of four weeks from today. On receipt of the

representation, the concerned respondent shall decide the same,

in accordance with law within a period of eight weeks from the

date of receipt of the representation and accord notional benefits

to the petitioners from the date persons similarly situated to

them and lower in merit were given appointment.

Upon consideration of the representation so filed, if

respondents find the case of the petitioner to be covered by the

judgment(s) aforesaid, before giving actual benefits, an