Rajasthan High Court - Jodhpur

Prakash vs The State Of Rajasthan on 13 July, 2021

Bench: Dinesh Mehta

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2959/2021

1. Prakash S/o Bagda, Aged About 29 Years, Resident Of Laktiyon Ka Bass, Bhavi, Tehsil Bilara, District Jodhpur. (Posted At Gsss Gadiya, Block Sunel, Distt. Jhalawar).

2. Durga Lal Kumhar S/o Birda Ram Kumhar, Aged About 45 Years, Resident Of Ratakot, Bijaynagar, District Ajmer. (Posted At Gups Sandiyarda, Block Kapasan, District Chittorgarh).

3. Mahendra Kumar Choudharyj S/o Manglaram Choudhary, Aged About 35 Years, Resident Of Sanwariya, Block Malpura, District Tonk. (Posted At Mahatma Ghandi Govt School Ghari Lajja Saipu, District Dholpur).

4. Rashmi Chouhan D/o Mahendra Singh Chouhan, Aged About 30 Years, Resident Of H.no. 348/34 Pal Bichala, Ajmer. (Posted At Gss Rawatbhatta, Block Bhaisroadgarh, District Chittorgarh).

5. Seema Bai Meena D/o Bhagchand Meena, Aged About 30 Years, Resident Of Nadi Ke Tare, Village Dhamun Khurd, District Sawai Madhopur. (Posted At Gsss Gadarwara Noorji, Block Khanpur, District Jhalawar).

6. Sarita D/o Bhanwar Lal Dhaka, Aged About 42 Years, Resident Of Kolsiya, Block Nawalgarh, District Jhunjhunu. (Posted At Gsss Maharaj Ki Khedi, Block Bhinder, District Udaipur).

7. Jai Prakash Saini S/o Jaina Ram Sankhla, Aged About 31 Years, Resident Of Sankhala Sadan, Sainipura Asop, Tehsil Bhopalgarh, District Jodhpur. (Posted At Gsss Nagala Narlal, Block Saipau, District Dholpur).

8. Satyawan Singh Yadav S/o Omprakash Yadav, Aged About 34 Years, Resident Of 2 H-16, Jawahar Nagar, Housing Board, Bundi. (Posted At Gss Ramthali, Block Kapasan, District Chittorgarh).

9. Sunita Kumari D/o Jaideep Singh, Aged About 33 Years, Resident Of 16 K-5, C-Scheme, Khatipura, Jaipur. (Posted At Gsss Rundlav, Block Jhalrapatan, District Jhalawar).

10. Hari Narayan Kumhar S/o Moti Lal Kumhar, Aged About 32 Years, Resident Of Village Majipura, Post Jagatpura, Tehsil Shahpura, District Jaipur. (Posted At Gsss

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Amawara, Block Bamanwas, District Sawai Madhopur).

11. Durga Shankar Kumawat S/o Chiranjeev Lal Kumawat, Aged About 34 Years, Resident Of Plot No. 6, Bhinder Ki Haveli, Outside Chandpol, Udaipur. (Posted At Gsss Mohabbat Nagar, Block And District Sirohi).

12. Puranmal Dama S/o Indramal, Aged About 34 Years, Resident Of Village Sada, Post Nichli Sigari, Tehsil Jhadol, District Udaipur. (Posted At Gups Chorabada, Block Sajjangarh, District Banswara).

13. Surendra Kumar Fanat S/o Narayan Lal, Aged About 32 Years, Resident Of Rani, Post Harshawara, Tehsil Kherwara, District Udaipur (Posted At Gsss Sakalal, Block Kherwara, District Udaipur).

14. Suresh Chand S/o Ladoo Ram, Aged About 30 Years, Resident Of Jato Ka Mohala, Haramara, Roopanagar, District Ajmer (Posted At Gsss Semla, Block Sunel, District Jhalawar).

15. Mohammed Tayyab Khan S/o Farid Mohammed, Aged About 37 Years, Resident Of Sipahiyo Ka Mohalla, Parbatsar, District Nagaur (Posted At Ggss Kakku, Block Panchu, District Bikaner).

16. Roshan Lal Kasota S/o Kantidas Kasota, Aged About 30 Years, Resident Of Som, Tehsil Jhadol, District Udaipur. (Posted At Gups Uplasada Falasiya, District Udaipur).

17. Kesu Lal S/o Vithala Damor, Aged About 41 Years, Resident Of Paniyala Jhupel, Tehsil And District Banswara. (Posted At Gsss Kotra Ranga, Block Kushalgarh, District Banswara).

18. Dhanpal Masar S/o Vaktu Ji Masar, Aged About 30 Years, Resident Of Navagav, Chhaja, Tehsil Anandpari, District Banswara. (Posted At Gsss Gaduli, Gangartalai, District Banswara).

19. Rajaram Meena S/o Dhanna Meena, Aged About 41 Years, Resident Of Village Post Meriyakhedi, Tehsil Pratapgarh District Pratapgarh. (Posted At Gss Sarsiyapada, Block Sajjangarh, Distt. Banswara).

20. Moolchand Mali S/o Ghasi Lal Mali, Aged About 40 Years, Resident Of Village Post Deorawas, Tehsil Dooni, District Tonk. (Posted At Gsss Jadawata, Block Sawai Madhopur, District Sawai Madhopur).

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21. Devilal Charpota S/o Krishna Charpota, Aged About 40 Years, Resident Of Village Jethor, Post Senawasa, Tehsil Ghatol, District Banswara. (Posted At Gsss Bhapor, Block And District Banswara).

22. Laxman Lal Meena S/o Nathu Ji Meena, Aged About 38 Years, Resident Of Mk Khakhal, Post Shyampura, Tehsil Sarada, District Udaipur. (Posted At Gsss Himmatgarh, Block Sajjangarh, District Banswara).

23. Ramchandra Parmar S/o Heera Pamar, Aged About 42 Years, Resident Of Village Navagra, Post Dhambola, Tehsil Simalwara, Dist. Dungarpur (Posted At Gsss Palnithaua, Block Sabl, District Dungarpur).

24. Rajendra Kumar Meena S/o Bheru Lal Meena, Aged About 46 Years, Resident Of V/p Tidi, Tehsil Girwa, District Udaipur. (Posted At Gups Rayta, Block Girwa, District Udaipur).

25. Trilok Chand Rathore S/o Manak Chand Rathore, Aged About 40 Years, Resident Of Street No. 4, Rampura Basti, Lalgarh, District Bikaner. (Posted At Gsss Rd 860, Kolayat, District Bikaner).

26. Jai Prakash Mal S/o Bhagwati Lal Mal, Aged About 40 Years, Resident Of Village Post Padla, Tehsil Sarada, District Udaipur. (Posed At Gups Chaperthori, Block Sarada, District Udaipur).

27. Magha Ram S/o Gang Ram, Aged About 43 Years, Resident Of Kadiya Bass, Didwana, District Nagaur. (Posted At Gsss Valera, Block Sayala, District Jalore).

28. Bheru Lal Meena S/o Naru Lal Meena, Aged About 42 Years, Resident Of Ramgarh Asawata, District Pratapgarh. (Posted At Gsss Mota Dhamniya Block Peepalrhoot, District Pratapgarh).

29. Shanker Lal Jat S/o Jawaharmal Jat, Aged About 40 Years, Resident Of 546 Jat Ka Mohalla, Kuraj, District Rajsamand. (Posted At Gsss Chitrodi, District Jalore).

30. Devi Lal Patel S/o Gokala Patel, Aged About 46 Years, Resident Of Piladher, Tehsil Sarada, District Udaipur. (Posted At Gsss Bassiada, Tehsil Ghatol, District Banswara).

31. Sarita Sukhadiya D/o Om Prakash Sukhadiya, Aged About 34 Years, Resident Of Bavdi Ke Pass, Budali Kurdiya

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Bhavan, District Nagaur. (Posted At Gsss Bharudi Jasvantpura, District Jalore).

32. Kewal Chand Mirok S/o Kishan Chand, Aged About 38 Years, Resident Of Vpo 61F, Tehsil Sri Karanpur, District Sri Ganganagar. (Posted At Gsss Nathwana, Block Lunkaransar, District Bikaner).

33. Babu Ram Choudhary S/o Heera Ram Choudhary, Aged About 39 Years, Resident Of Jakhar Malaniya Ki Dhani, Village Newra Road, Tehsil Osian, District Jodhpur (Posted At Gsss Ramagarha, Block Saipau, District Dhaulpur).

34. Prabhu Lal Parmar S/o Shankar Lal Parmar, Aged About 39 Years, Resident Of Naalfala, Damri, District Dungarpur. (Posting At Gups Dhanku Block Anandpur, District Banswara).

35. Ramlal Pandor S/o Jivaji Pandor, Aged About 45 Years, Resident Of Village Bornabhatda, Himmatsingh Ka Gada, Post Rujya, Tehsil Ghatol, District Banswara. (Posted At Gsss Chokwara, Kushalgarh, District Banswara).

36. Rajhans Ninama S/o Kishavchand Ninama, Aged About 35 Years, Resident Of Hospital Compound, Chotisarwan, Tehsil Chhoti Sarwan, District Banswara (Posted At Gsss Chayan Badi, District Banswara).

37. Pawan Kumar Saini S/o Jamana Ram Saini, Aged About 40 Years, Resident Of Village Sahwa, Near Gurudwara Sahwa, Tehsil Taranagar, District Churu. (Posted At Gsss Kotdi, P.s. Sam, District Jaisalmer).

38. Hari Ram S/o Chima Ram, Aged About 41 Years, Resident Of Village Badora Gaon, District Jaisalmer. (Posted At Gsss Kapuriya, P.s. Sam, District Jaisalmer).

----Petitioners Versus

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

2. The Director, Secondary Education, Rajasthan, Bikaner.

3. The District Education Officer, Secondary, Jhalawar.

4. The District Education Officer, Secondary, Sirohi.

5. The District Education Officer, Secondary, Jalore.

6. The District Education Officer, Secondary, Chittorgarh.

7. The District Education Officer, Secondary, Udaipur.

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8. The District Education Officer, Secondary, Banswara.

9. The District Education Officer, Secondary Dholpur.

10. The District Education Officer, Secondary, Sawai Madhopur.

11. The District Education Officer, Secondary, Bikaner.

12. The District Education Officer, Secondary, Dungarpur.

13. The District Education Officer, Secondary Pratapgarh.

----Respondents

For Petitioner(s) : Mr. Hanuman Singh Choudhary For Respondent(s) : Mr. Vishal Jangid for Mr. Hemant Choudhary

JUSTICE DINESH MEHTA

Order

13/07/2021 Mr. Choudhary, learned counsel for the petitioners, submits

that all the petitioners have been appointed on the post of PTI

Grade-III, pursuant to the recruitment of 2013.

Learned counsel for the petitioners submits that except with

a minor factual difference that the petitioners are working as PTI

Grade-III, the controversy involved in the present writ petition is

squarely covered by the judgment rendered by Jaipur Bench of

this Court in the case of Om Prakash & Ors. v. State of Rajasthan

& Ors. : S.B. Civil Writ Petition No.21214/2017, vide its order

dated 21.11.2017 granted relief to the petitioners following the

judgment in the case of Hemlata Shrimali & Ors. v. State of

Rajasthan & Ors. : S.B. Civil Writ Petition No.3247/2015, decided

on 1.4.2015, which was based upon adjudication made in the case

of Suman Bai & Anr. v. State of Rajasthan & Ors. : 2009 (1) WLC

(Raj.) 381.

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Stating that Coordinate Bench has decided many of petitions,

without issuing notices to the respondents (SB Civil Writ Petition

No.21214/2017), learned counsel submits that the present writ

petition may also be decided in light of judgment in the case of

Om Prakash (supra). Relevant part of the order in case of Om

Prakash (supra) reads thus :

"Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ Petition Number 3247/2015: Hemlata Shrimali & Ors. Versus State of Rajasthan & Ors., decided on 1st Apri., 2015, relying upon the adjudication in the case of Suman Bai & Anr. Versus State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, observing thus:

"5. Upon consideration of the arguments aforesaid and the judgment of the Division Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification application of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be assigned on the basis of placement of candidates in the select list and when the selection is common and the merit list on the basis of which appointments were made is also common, right to secure appointment to both the set of employees thus flows from their selection which in turn is based on merit. Regard being had to all these facts, merely because one batch of employee approached this Court later and another earlier, and both of them having been appointed, the candidates who appeared 6 lower in merit cannot certainly be placed at a

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higher place in seniority. It was on this legal analogy that Division Bench of this Court in Niyaz Mohd.Khan (supra) held that the petitioner therein entitled to be placed in seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioner was appointed with consequential benefits.

6. I am not inclined to accept the argument of the learned counsel for the respondents No.4 to 8 that the judgment of the learned Single Judge should be so read so as to infer therefrom that though the petitioners would be entitled to claim appointment but not seniority above the candidates who are already appointed even though they admittedly are above them in the merit list. Infact, the judgment of the learned Single Judge merely reiterated the direction of the Division Bench in Hari Ram (supra) in favour of the petitioners. But construction of that judgment in the manner in which the respondents want this Court to do, would negat the mandate of the Rules 20 and 21 of the Rajasthan Education Subordinate Service Rules, 1971, which requires seniority to be assigned as per the inter-se merit of 7 the candidates in the merit list based on common selection. Even otherwise, no such intention of the Court is discernible from reading of that judgment.

Mere appointment of the petitioner was a sufficient compliance of the judgment and not total compliance was the view taken by this Court also when contempt petition filed by the petitioners was dismissed. Question with regard to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would obviously give rise to a afresh cause of action. The writ petition filed by the petitioners, therefore, cannot be thrown either barred by resjudicata or otherwise improperly constituted.

7. In the result, this writ petition is allowed and the respondents are directed to treat the petitioners senior to respondents No.4 to 8 as per their placement in the merit list."

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Learned counsel for the petitioners further submits that instant writ application be also disposed off in terms of the order dated 24th May, 2017, as extracted herein above.

Ordered accordingly."

In view of the aforesaid, following the judgment in case of

Om Prakash (supra), the writ petition is disposed of in same

terms.

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

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