Rajasthan High Court - Jodhpur

Kamal Kumar Gurjar vs State Of Rajasthan on 9 March, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4151/2021

1. Kamal Kumar Gurjar S/o Shri Shivji Ram Gurjar, Aged About 30 Years, R/o Char Bhuja Mandir Ke Pass, Ward Bo 13, Nawa City, District Nagaur, Rajasthan. At Present Posted As School Lecturer Geography.

2. Ramesh Chand Gurjar S/o Shri Bhanwar Lal Gurjar, Aged About 32 Years, R/o Village Keriya, Post Mokhampura, Tehsil Mozmabad, District Jaipur, Rajasthan. At Present Posted As School Lecturer Geography.

3. Himanshu Kunwada S/o Shri Bhura Lal Gurjar, Aged About 30 Years, R/o H. No. 03 Behind Dnd Market, Tempo Stand Somalpur Road, Chandrvardai Nagar, Ajmer, Rajasthan. At Present Posted As School Lecturer Geography.

4. Avtar Singh Gurjar S/o Shri Bharat Singh, Aged About 28 Years, R/o Village Nagla Dhoot, Post Khankhera, Tehsil Bayana, District Bharatpur, Rajasthan. At Present Posted As School Lecturer Geography.

5. Meenu Gurjar D/o Shri Murli Kumar Gurjar, Aged About 30 Years, R/o 51/52 Baisla House, Pawanputra Vistar, 80 Feet Bajari Mandi Road, Panchyawala, Jaipur, Rajasthan. At Present Posted As School Lecturer Geography.

6. Rajendra Prasad Gurjar S/o Shri Ram Kumar Gujrar, Aged About 34 Years, R/o Village Bhadana Ka Bas Post Pratapgarh, Tehsil Thanagazi, District Alwar, Rajasthan. At Present Posted As School Lecturer Geography.

7. Sampat Singh Gurjar S/o Shri Ram Singh Gurjar, Aged About 35 Years, R/o Village Burwal, Post Pal, Tehsil Nadoti, District Karauli, Rajasthan. At Present Posted As School Lecturer Geography.

8. Priyanka Gurjar D/o Shri Hari Shankar Gurjar, Aged About 31 Years, R/o 28 Moti Nagar, Ambedkar Colony Kherda, District Sawaimadhopur, Rajasthan. At Present Posted As School Lecturer Geography.

9. Madhupika Singh D/o Shri Mohan Singh, Aged About 39 Years, R/o 38-B, Krishna Sagar Iskon Road, Mansarover, Jaipur, Rajasthan. At Present Posted As School Lecturer Geography.

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10. Prakash Chand Gurjar S/o Shri Teja Ram Gurjar, Aged About 36 Years, R/o Gsss Achalawada, Block Arnod, District Pratapgarh, Rajasthan. At Present Posted As School Lecturer Geography.

11. Mahesh Chand Gurjar S/o Shri Vijay Singh Gurjar, Aged About 31 Years, R/o Village Goliya, Post Brahaman Bairada, Tehsil Sikrai, District Dausa, Rajasthan. At Present Posted As School Lecturer Geography.

12. Jugal Singh Gurjar S/o Shri Jwan Singh Gurjar, Aged About 31 Years, R/o Village Bastrawali, Post Soopa, Tehsil Bayana, District Bharatpur, Rajasthan. At Present Posted As School Lecturer Geography.

13. Giriraj Gurjar S/o Shri Harinarayan Gurjar, Aged About 33 Years, R/o Vpo Luhara, Tehsil Newai, District Tonk, Rajasthan. At Present Posted As School Lecturer Geography.

14. Ashok Kumar Gurjar S/o Shri Bhanwar Lal Gurjar, Aged About 36 Years, R/o Mahaveer Nagar 1St, House Number 89,90, Kota, Rajasthan. At Present Posted As School Lecturer Geography.

15. Vikram Singh Gurjar S/o Shri Hemraj Gurjar, Aged About 32 Years, R/o Village Malipura, Post Keshwana Rajput, Tehsil Kotputli, District Jaipur, Rajasthan. At Present Posted As School Lecturer Geography.

16. Nand Lal S/o Shri Nitya Nand, Aged About 27 Years, R/o Village Nibhor, Tehsil Behror, District Alwar, Rajasthan. At Present Posted As School Lecturer Geography.

17. Pavan Kumar S/o Shri Ganga Ram, Aged About 32 Years, R/o Village Khemra Kalan, Post Sunari, Tehsil Bharatpur, District Bharatpur, Rajasthan. At Present Posted As School Lecturer Geography.

18. Pintu Gurjar S/o Shri Vijendra Singh Gurjar, Aged About 27 Years, R/o Vpo Bhateri, Tehsil Bassi, District Jaipur, Rajasthan. At Present Posted As School Lecturer Geography.

19. Anita Kumari D/o Shri Jagdish Prasad, Aged About 33 Years, R/o Dhani Burganala, Vpo Jeelo, Tehsil Neem Ka Thana, District Sikar, Rajasthan. At Present Posted As School Lecturer Geography.

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20. Meera Devi Gujar D/o Shri Bhura Ram Gujar, Aged About 36 Years, R/o Vpo Ganwari Deoli, District Tonk, Rajasthan. At Present Posted As School Lecturer Geography.

21. Buteree Bai Gurjar D/o Shri Banshi Dhar Gurjar, Aged About 33 Years, R/o Vpo Gahankar, Tehsil Tijara, District Alwar, Rajasthan. At Present Posted As School Lecturer Geography.

22. Shree Ram Gurjar S/o Shri Ram Lal Gurjar, Aged About 32 Years, R/o Village Kanwarasa, Post Kajipura, Tehsil Phulera, District Jaipur, Rajasthan. At Present Posted As School Lecturer Geography.

23. Mamta Verma D/o Shri Mohan Lal, Aged About 44 Years, R/o 29 Wadiya Colony, Banswara, District Banswara, Rajasthan. At Present Posted As School Lecturer Geography.

----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. M.L. Deora
For Respondent(s)             :



                       JUSTICE DINESH MEHTA

                                       Order

09/03/2021

1. 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. :

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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.

2. 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

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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."

3. 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

and lower in merit were given appointment.

4. Upon consideration of the representation so filed, if

respondents find the case(s) of the petitioner (s) to be covered by

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

undertaking shall be procured from the concerned petitioner(s) 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/she shall also be liable for

restitution of any benefits/emoluments so received.