Ravi Panchal vs State Of Rajasthan
2021 Latest Caselaw 11270 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9138/2021

1. Ravi Panchal S/o Hiralal Panchal, Aged About 31 Years, R/ o Mukam-Post-Chokhla Near Girl School, Chokhla, District- Banswara. At Present Working As Senior Teacher. Subject- Mathematics. Merit No. 1652.

2. Sandeep Swarnkar S/o Ashok Kumar, Aged About 40 Years, R/o Behind Govt. Hospital Partapur, Jawahar Colony Partapur, District-Banswara. At Present Working As Senior Teacher. Subject - Sanskrit. Merit No. 326.

3. Mohan Lal Prajapat S/o Jagji Prajapat, Aged About 34 Years, R/o Mukam-Post-Narniya Dovda, Tehsil And District- Dungarpur. At Present Working As Senior Teacher. Subject- Sanskrit. Merit No. 357.

4. Kanchan Ahari D/o Ram Chandra Ahari, Aged About 28 Years, R/o Bhauwa, Rishabhdeo District- Udaipur. At Present Working As Senior Teacher. Subject- English. Merit No. 1764.

5. Baldev Katara S/o Kom Chand Katara, Aged About 30 Years, R/o Village- Saran, Post Timeda Bada, Tehsil- Kushalgarh, District- Banswara. At Present Working As Senior Teacher. Subject- Hindi. Merit No. 1447.

6. Prem Shankar Meena S/o Kalu Ram Meena, Aged About 33 Years, R/o Village- Bharda, Post- Bhudhar, Tehsil - Rishabhdeo, District- Udaipur. At Present Working As Senior Teacher. Subject- Hindi. Merit No. 1438.

7. Nidhish Trivedi S/o Mahendra Trivedi, Aged About 30 Years, R/o Gali No. 7, Subhash Nagar, Banswara, District- Banswara. At Present Working As Senior Teacher. Subject- Mathematics. Merit No. 1703.

8. Ghanshyam Garasiya S/o Ravi Shankar Garasiya, Aged About 35 Years, R/o Ward No. 5, Ganoda, District- Banswara. At Present Working As Senior Teacher. Subject- Sanskrit. Merit No. 1234.

9. Natwar Bhoi S/o Ramlal Bhoi, Aged About 28 Years, R/o 92 Parda Sakani Amratiya, District- Dungarpur. At Present Working As Senior Teacher. Subject- Mathematics. Merit No. 1670.

10. Lalit Patidar S/o Bhavang Patidar, Aged About 34 Years,

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R/o Vpo Surwaniya, District- Banswara. At Present Working As Senior Teacher. Subject- Hindi. Merit No. 1342.

11. Ghanshyam Choudhary S/o Baldev Singh, Aged About 44 Years, R/o Village And Post Daliyawas, Tehsil- Khandela, District- Sikar. At Present Working As Senior Teacher. Subject- Social Science. Merit No. 688.

12. Aarti Vaishnav D/o Jagdish Vaishnav, Aged About 35 Years, R/o Village And Post- Thakatda, Tehsil- Sagwara, District- Dungarpur. At Present Working As Senior Teacher. Subject- English. Merit No. 1231.

13. Ritambhara Swarnkar D/o Gulab Chand Soni, Aged About 30 Years, R/o Village/ Post - Uthnol, Tehsil- Nathdwara, District- Rajsamand. At Present Working As Senior Teacher. Subject- Hindi. Merit No. 792.

14. Bhagyashri Gahlot D/o Moti Singh Gahlot, Aged About 36 Years, R/o 6/146 Khandu Colony, Banswara, District- Banswara. At Present Working As Senior Teacher. Subject- English. Merit No. 1282.

15. Chandresh Vasita S/o Bheru Lal Vasita, Aged About 42 Years, R/o Village And Post Sakroda (Girwa), District- Udaipur. . At Present Working As Senior Teacher. Subject- Hindi. Merit No. 1230.

16. Rahul Kumar Soni S/o Kanhaiya Lal Soni, Aged About 32 Years, R/o Village And Post Gaonguda, Tehsil- Khamnor, District- Rajsamand. At Present Working As Senior Teacher (Elementary H.m.). Subject- Hindi. Merit No.

871.

17. Sarita Kumari Malviya D/o Shankar Lal Malviya, Aged About 31 Years, R/o Village Viravali, Post- Viravali, Tehisl- Arnod, District- Pratapgarh. At Present Working As Senior Teacher. Subject- Science.

18. Jayendra Patidar S/o Madhavji Patidar, Aged About 39 Years, R/o Village And Post- Surwaniya, District- Banswara. At Present Working As Senior Teacher. Subject- English.

19. Vijayendra Kumar Sharma S/o Kalilash Chndra, Aged About 38 Years, R/o House No. 88, Gram Daloudasagara, Tehsil - Daloda, Dalodasagra, Mandsaur, (M.p.) , At Present Working As Senior Teacher. Subject- Mathematics.

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20. Raghvendra Soni S/o Harshvardhan Soni, Aged About 35 Years, R/o Sector 8, Agarpura, Khndu Colony. District- Banswara. At Present Working As Senior Teacher. Subject- English. Merit No. 1247.

----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. BS Deora
For Respondent(s)          :



                     JUSTICE DINESH MEHTA

                                 Judgment

22/07/2021

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

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

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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 petitioners to be covered by the

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

undertaking shall be procured from the petitioners to the effect

that their rights/entitlements shall be subservient to the fate of

the judgment(s) aforesaid and in case the same is reversed or

modified in any manner, he shall also be liable for restitution of

any benefits/emoluments so received.

The stay petition also stands disposed of accordingly.

(DINESH MEHTA),J

91-CPGoyal/-

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