Rajasthan High Court
Santosh Choudhary vs State Education Departmentanr on 15 January, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7702/2013
Santosh Choudhary D/o SHri Mala Ram Choudhary, wife of Shri
Naresh Choudhary aged about 47 years, R/o K-25, LIC Flats,
Vidhyadhar Nagar, Jaipur, Rajasthan.
....Petitioner
Versus
1. The State of Rajasthan through the Director Elementary
Education Bikaner, Rajasthan.
2. The District Education Officer, Elementary Education, Jaipur,
Rajasthan.
....Respondents
Connected Cases
S.B. Civil Writ Petition No. 7592/2013
Poonam Sharma wife of Shri Ashok Kumar Sharma aged about 41
years, R/o Plot No. 78-79 (S), New Colony, Bus Stand Pulera,
District Jaipur, Rajasthan.
.....Petitioner
Versus
1. The State of Rajasthan through the Director Elementary
Education Bikaner, Rajasthan.
2. The District Education Officer, Elementary Education, Jaipur,
Rajasthan.
....Respondents
S.B. Civil Writ Petition No. 7691/2013
Smt. Shimla Sharma wife of Shri Lalit Mohan Sharma, aged about
39 years, resident of 105/120, Pratap Nagar, Sanganer, Jaipur,
Rajasthan.
...Petitioner
Versus
1. The State of Rajasthan through the Director Elementary
Education Bikaner.
2. The District Education Officer, Elementary Education, Jaipur.
3. The District Education Officer, Elementary Education, Alwar.
....Respondents
S.B. Civil Writ Petition No. 7695/2013
(2 of 6) [CW-7702/2013]
Amita Sharma Wife of SHri Devendra Kumar Sharma aged about
40 years, R/o House No. 199, Police Line Road, Moti Nagar, Bundi
Rajasthan.
....Petitioner
Versus
1. The State of Rajasthan through the Director Elementary
Education Bikaner, Rajasthan.
2. The District Education Officer, Elementary Education, Bundi,
Rajasthan.
3. The Block Elementary Education Officer, Panchayat Samiti
Nainwa, District BUndi, Rajasthan.
....Respondents
S.B. Civil Writ Petition No. 7696/2013
Smt. Rajesh Kasera D/o Shri Girraj Sharan Kasera, aged about 42
years, resident of F-12, Jawahar Nagar, Kota (Raj.)
.....Petitioner
Versus
1. The State of Rajasthan through the Director Elementary
Education Bikaner, Rajasthan.
2. The District Education Officer, Elementary Education,
Jhalawar.
....Respondents
S.B. Civil Writ Petition No. 7808/2013
Ishwar Singh Yadav SHri Prabhu Ram Yadav, aged about 45 years,
resident of Village Post Palawa, Tehsil Mundawar, Distt. Alwar
(Raj.)
....Petitioner
Versus
1. The State of Rajasthan through the Director Elementary
Education Bikaner, Rajasthan.
2. The District Education Officer, Elementary Education, Alwar.
3. The District Education Officer, Elementary Education, Barmer.
....Respondents
For Petitioner(s) : Ms. Pradeep Lata Mathur
(3 of 6) [CW-7702/2013]
Mr. Tanveer Ahamed
For Respondent(s) : Mr. Bharat Saini, AGC
Mr. Aditya Sharma
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
15/01/2021
1. All the petitioners before this court are in second round of
litigation which is pending since 2013. The petitioners made a
common prayer that the leave taken by them for one reason or
other has been counted as a break in service for denying them,
the experience of working as Para Teachers of five years and
although they all come otherwise within the merit but have been
denied for appointment on the post of Prabodhak for which they
were otherwise eligible.
2. Learned counsel for the petitioners submitted that the
petitioners had earlier preferred writ petitions before this court
bearing numbers SBCWP Nos. 9324/2008, 10015/2008 &
9471/2008 wherein this court directed that the matter had to be
again examined by the authorities relying upon the judgment
passed in case of Smt. Priti Dixit & 1066 Ors. Vs. State of
Rajasthan reported in 2009(3)WLC102, this court held as under:
"If there was break on account of medical
leave/maternity leave which was duly sanctioned, will
not dis-entitle from participating in the process of
selection for the post of Prabodhak merely on the
ground of break in experience due to medical leave
and are eligible for appointment on the post of
Prabodhak if they complete the requisite teaching
experience including the break on account of medical
leave/maternity leave as held by this Court in the case
(4 of 6) [CW-7702/2013]
of Anil Upadhaya Vs. State & (2) Ors. (SBCWP No.
8809/2008), decided on 01.09.2008. "
3. The petitioners' case , however, denied them the benefit of
the judgment and have treated the leaves taken by the petitioners
in their long years of service as a total break counting it as break
for more than 180 days and denied them consideration for
appointment which has resulted challenging the said action by
preferring present writ petitions.
5. Learned counsel for the petitioners have taken this court to
the orders passed in relation to other similarly situated persons as
shown in the select list who had taken leave in all for more than 2
years and more and in their cases as the respondents treated the
leave as part of service and considered their cases and gave them
appointment. Reference has been made Annexure-3 to the writ
petition of Santosh Choudhary which is an order passed by the
District Education Elementary Officer dated 10.9.2010.
6. A look at the orders shows that Mahendra singh was given
benefit of 2 years and 4 days leave and was counted for total
experience of 5 years. Another SatyaNarayan Sharma was
granted benefit of leave. Similarly other Para Teachers- Shree
Mahendra Singh Nathawat, Shri Satyanarayan Sharma, Shri Arun
Kumar Sharma, Smt. Premlata Sharma, Shri Mahaveer Prasad
Gurjar, Shri Roshan Lal Jat and Shri Surdhan Lal Meena have been
granted the leave benefit and were considered for appointment by
District Educational Officer in 2010. The petitioners have also cited
example of one Raja Bai Solanki who had availed the leave of 721
days as per RTI document received from The Block Elementary
(5 of 6) [CW-7702/2013]
Education Officer, Sanganer, Jaipur and was given appointment as
Prabodhak
7. It may be noticed that while under RTI, information was
given, she had taken 702 days for leave. Additional affidavit has
been filed in the case of Santosh Choudhary mentioning that-
Raja Bai Solanki has only availed leave for 149 days, it becomes a
matter of enquiry as to whether the additional affidavit should be
relied upon or the documents made available under the RTI.
8. Be that as it may, the basic issues involved in the present
writ petitions are that once the petitioners have been granted
leave of one nature or another and have been allowed to continue
to work as Para Teachers, there experience cannot be deprived for
the purpose of appointment on the post of Prabodhak.
9. Accordingly, these writ petitions deserve to be allowed. The
petitioners would be entitled for consideration for appointment on
the post of Prabodhak.
10. At this stage, learned counsel appearing for the respondents
submits that all the posts of Prabodhak which were lying in a
particular district have been shifted to other district and have
been filled. However, this would not stop this court from passing
orders for consideration for appointment of the petitioners on the
post as no person can be deprived of his right. Merely because of
the delay in disposal of the case by court, the maxim shall apply.
In such circumstances, these writ petition are allowed. The
petitioners shall be considered and given appointment on the post
of Prabodhak from the date the other similarly situated candidates
were given appointment on notional basis. It is noticed that the
petitioners are working as Para Teachers with the State
Government even as on today. Their pay fixation accordingly be
(6 of 6) [CW-7702/2013]
made from the date the other similarly situated Prabodhaks were
appointed with the continuity of service and actual fixation shall
be done from the date of passing of this present order.
11. All pending applications also stand disposed of.
(SANJEEV PRAKASH SHARMA),J
Anu /397
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