Rajasthan High Court - Jodhpur

Chitraman Vaishnav vs State Of Rajasthan on 14 January, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13376/2020

1. Chitraman Vaishnav S/o Shri Shankar Vaishnav, Aged About 30 Years, R/o Ward No. 7, Sajan Sajani Vatika Ke Piche, Shyam Colony, Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Ravatfala, Ghata District Banswara Employee Id Rjbn201803024460

2. Richa Yagnik W/o Hanish Yagnik, Aged About 37 Years, R/o 48 Radhey Cottage, Muslim Colony, Banswara At Present As A Teacher (Subject English) At Government Senior Secondary School Kadva, Amri District Banswara Employee Id Rjpg201230045473

3. Hitesh Kumar Mehta S/o Vasudev Mehta, Aged About 34 Years, R/o House No. 226, Madrasa Mohalla, Dadooka, Banswara At Present As A Teacher (Subject English) At Government Secondary School Ratapan, District Banswara Employee Id Rjpg20120043254

4. Naresh Kumar Joshi S/o Bhawani Shankar Joshi, Aged About 40 Years, R/o House No. 227, Ward No. 3, Thikariya, Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Sabbalpura District Banswara Employee Id Rjbn201503005793

5. Rahul Suthar S/o Jayantilal Suthar, Aged About 26 Years, R/o Ward No. 9, Bodigama, Banswara. At Present As A Teacher (Subject English) At Government Secondary School Kachariya Pada District Banswara Employee Id Rjud201739042707

6. Govind S/o Roopchand, Aged About 26 Years, R/o Ward No. 6, Laxmipura, Chhinch, Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Fefar District Banswara Employee Id Rjbn201703037122

7. Sabu Ad S/o Tihiya, Aged About 29 Years, R/o Karanghati Post Bassi Kushalgarh, District Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Unkala District Banswara Employee Id Rjbn201703038484

8. Sheela Damor D/o Lalchand Damor, Aged About 29 Years,

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R/o Post Unkala, Doongar Bheet, Kushalgarh District Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School, Kalinjara District Banswara Employee Id Rjbn201703037556

9. Nirmal Kamaliya S/o Kalu Kamaliya, Aged About 31 Years, R/o Mohankpura, Mokampura, Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Bhatbhamriya District Banswara Employee Id Rjbn201703037123

10. Mahesh Devda S/o Bhim Singh Devda, Aged About 28 Years, R/o Village Nishnavat, Tehsil Kushalgarh District Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Bhagatpura Kushalgarh District Banswara Employee Id Rjbn201703037611

11. Sumit Kumar Damor S/o Rupsingh Damor, Aged About 31 Years, R/o Kothariya, Post Kushlapara District Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Chokhwara District Banswara Employee Id Rjbn201303041213

12. Devilal Katara S/o Gyan Prakash Katara, Aged About 27 Years, R/o Post Barwas Chhoti, Tehsil Kushalgarh District Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Mahuda Khushalgarh District Banswara Employee Id Rjud201739039977

13. Bhupesh Chandra Sharmaa S/o Ramesh Chandra Sharma, Aged About 37 Years, R/o Ward No. 2, Upala Fala, Barodiya Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Tambesara District Banswara Employee Id Rjbn201703037014

14. Mayur Joshi S/o Mahendra Joshi, Aged About 34 Years, R/o Braman Mohalla, Thikariya District Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Saravani District Banswara Employee Id Rjbn201103027336

15. Mahesh Patidar S/o Lavji Patidar, Aged About 30 Years, R/o Post Karji Tehsil Bagidora District Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Jeevakhunta District Banswara

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Employee Id Rjbn201803022843

16. Sandeep Makawana S/o Mohan Makawana, Aged About 27 Years, R/o Ward No. 06, Goyka Pargi, Sath, Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Monadungar District Banswara Employee Id Rjbn201703038346

17. Mayur Mehta S/o Dinesh Mehta, Aged About 31 Years, R/o Panchwati, Ghotad, District Dungarpur. At Present As A Teacher (Subject English) At Government Senior Secondary School Badi Virva District Udaipur Employee Id Rjud201837036205

18. Arvind Kumar S/o Vitthal Adiwasi, Aged About 35 Years, R/o Ward No. 10, Asora, Banswara. At Present As A Teacher (Subject English) At Government Secondary School Amloda District Udaipur Employee Id Rjpg201236049899

19. Nilesh Kumar Lauvot S/o Prem Shanker Lauvot, Aged About 30 Years, R/o 209, Chhote Shiv Mandir Ke Pass, Patidar Basti, Ghotad, Dungarpur. At Present As A Teacher (Subject English) At Government Senior Secondary School Karakalan District Udaipur Employee Id Rjud 201839026899

20. Dimple Pandya W/o Lokesh Kumar Pandya, Aged About 35 Years, R/o Village Aspur District Dungarpur. At Present As A Teacher (Subject English) At Government Senior Secondary School Bolewar District Dungarpur Employee Id Rjdu20173037779

21. Pankaj Sharma S/o Shanti Lal Sharma, Aged About 39 Years, R/o Ward No. 16, Tripura Marg, Mohalla Talwara District Banswara. At Present As A Teacher (Subject English) At Government Secondary School Rohal District Banswara Employee Id Rjbn201803029376

22. Rahul Ninama S/o Ramesh Ninama, Aged About 35 Years, R/o Kalijara Jain Mandir Ke Piche, Kalinjara District Banswara. At Present As A Teacher (Subject English) At Government Secondary School Rupgadh District Banswara Employee Id Rjbn201703038482

23. Veerbhadra Singh Kharadi S/o Kalu Ram, Aged About 26 Years, R/o Post Amja Tehsil Garhi District Banswara. At Present As A Teacher (Subject English) At Government Senior Secondary School Ghodi Tejpur District Banswara

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Employee Id Rjbn201703037942

----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.

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.

7. The District Education Officer Secondary, Dungarpur

8. The District Education Officer Secondary, Udaipur.

----Respondents

For Petitioner(s) : Mr. Dinesh Ojha for Mr. Ramdev Potalia

JUSTICE DINESH MEHTA

Order

14/01/2021 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.

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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."

For the purpose aforesaid, the petitioners shall file

representation before the competent authority giving out the

requisite details along with certified copy of the order instant

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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(s) of the petitioner (s) to be covered by