Rajasthan High Court - Jodhpur
Nemlata Sharma vs State Of Rajasthan on 22 November, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 13462/2021
Nemlata Sharma D/o Ashok Kumar Sharma, aged 47 Years,
Resident of 20 Paneriyo Ki Madri, Udaipur (At present posted At
P.E.T. Grade III, Govt. Senior Secondary School, Savina Gram
Nela, Udaipur).
----Petitioner
Versus
1. The State of Rajasthan through the Secretary to the
Government, Establishment (K-2) Department, Jaipur.
2. The Secretary Education (Grade-III) Department,
Secretariat, Jaipur.
3. The Director, Secondary Education, Bikaner.
4. The District Education Officer, Secondary-I, Udaipur.
5. The District Education Officer, Elementary, Udaipur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 2747/2021
1. Kalpana Sharma W/o Anil Sharma, aged 40 Years, R/o
Babelo Ki Seri, Udaipur.
2. Mukesh Chandra Khatik S/o Peeru Lal Khatik, aged 43
Years, R/o Village Kuraj, Tehsil Railmagra, District
Rajsamand.
3. Jagdish Chandra Luhar S/o Chhagan Lal Luhar, aged 41
Years, R/o Village Punali, Tehsil Dungarpur, District
Dungarpur.
4. Manohar Singh Bhati S/o Daan Singh Bhati, aged 44
Years, R/o Tehsil Pokran, District Jaisalmer.
5. Suman Choubisa W/o Shri Murari Sharma, aged 43 Years,
R/o Dharti Dhan Road, Adarsh Nagar, South Sunderwas,
Udaipur, Rajasthan.
----Petitioners
Versus
1. The State of Rajasthan through the Secretary to the
Government, Establishment (K-2) Department, Jaipur.
(2 of 6) [CW-13462/2021]
2. The Secretary Education (Grade -III) Department,
Secretariat, Jaipur.
3. The Director, Secondary Education, Bikaner.
4. The District Education Officer, Secondary - I, Udaipur.
5. The District Education Officer, Elementary, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 2769/2021
1. Mamta Bhardwaj D/o Devi Shankar Sharma, aged 43
Years, R/o Lal Bai Mataji Ka Chowk, Rangbari, Kota.
2. Badri Lal Meena S/o Manji Meena, aged 42 Years, R/o
Village Amarpura Fala Patiya Post - Tidi via Parsad Tehsil
Girwa, District Udaipur.
3. Devendra Singh Solanki S/o Himmat Singh Solanki, aged
42 Years, R/o Vpo Jhilwara, Tehsil Charbhuja, District
Rajsamand.
4. Gopal Lal Mehta S/o Bhagwan Lal Mehta, aged 46 Years,
R/o Vpo - Batharda Khurd Via Kheroda, District Udaipur.
5. Sanjeev Chaudhary S/o Mangi Lal Chaudhary, aged 43
Years, R/o 143 Indra Colony, Near Civil Airport, Ratanada,
Jodhpur.
----Petitioners
Versus
1. The State of Rajasthan through the Secretary to the
Government, Establishment (K-2) Department, Jaipur.
2. The Secretary Education (Grade-III) Department,
Secretariat, Jaipur.
3. The Director, Secondary Education, Bikaner.
4. The District Education Officer, Elementary, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 2822/2021
1. Ghanshyam Khatik S/o Kajodimal Khatik, aged 41 Years,
R/o House No. 840, H.m. Sector No. 9, Savina, Udaipur.
2. Bhuri Lal Kumhar S/o Sawa Lal Kumhar, aged 43 Years,
R/o Kumharo Ka Mohalla Village Molela, Tehsil-Khamnore,
District- Rajsamand.
3. Karan Singh Chouhan S/o Govind Singh Chauhan, aged
43 Years, R/o Nagmarg, Outside Chandpole, Udaipur.
(3 of 6) [CW-13462/2021]
4. Bharat Singh Rathore S/o Samundra Singh, aged 46
Years, R/o Flat No. 101 and 102, Shamal Sidhi Heights,
Plot No. 68, Dore Nagar, Hiran Magri, Sector-3, Udaipur.
----Petitioners
Versus
1. The State of Rajasthan through the Secretary to the
Government, Establishment (K-2) Department, Jaipur.
2. The Secretary Education (Grade-III), Department,
Secretariat, Jaipur.
3. The Director, Secondary Education, Bikaner.
4. The District Education Officer, Elementary, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 3220/2021
1. Keshav Kumar Haldunia S/o Ramkaran Haldunia, aged 42
Years, R/o A-11, Namrita Awas Colony, Bajrang Nagar,
District Kota.
2. Vishnu Prasad Vyas S/o Kanhaya Lal, aged 44 Years, R/o
Lasani Vyas Devgarh, Madariya, Rajsamand.
3. Dharamveer Singh Ranawat S/o Mod Singh, aged 41
Years, R/o Karohi Ki Haveli, Outside Chandpole,
Bheemparmeshwar Marg, Udaipur.
4. Suman Purohit W/o Praveen Paliwal, aged 46 Years, R/o
House No. 28, Illa Ji Ka Neem, Ganesh Ghati, Udaipur,
Rajasthan.
5. Mewa Meena D/o Gangaram Meena, aged 40 Years, R/o L-
366, Indranagar, Sector-14, Goverdhan Vilas, Udaipur.
----Petitioners
Versus
1. The State of Rajasthan through the Secretary to the
Government, Establishment (K-2) Department, Jaipur.
2. The Secretary, Education (Grade-III) Department,
Secretariat, Jaipur.
3. The Director, Secondary Education, Bikaner.
4. The District Education Officer, Secondary-I, Udaipur.
5. The District Education Officer, Secondary-Ii, Udaipur.
6. The District Education Officer, Elementary, Udaipur.
----Respondents
(4 of 6) [CW-13462/2021]
For Petitioner(s) : Mr. Hinglaj Dan Charan.
For Respondent(s) : Mr. Vishal Jangid, Dy. Govt. Counsel.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
22/11/2021
Learned counsel for the petitioners submits that the issue
raised in the present writ petitions is squarely covered by the
judgment of this Court in Hanwant Singh Dewal vs. State of
Rajasthan & Ors. : SBCWP No.8593/2020 decided on 01.12.2020
(Annex.3 to CW No.13462/2021), wherein similarly placed
petitioners, who were accorded appointment vide order dated
01.12.2020 (Annex.2) alongwith the petitioners, have been
granted relief as claimed by the petitioners in the present writ
petitions and therefore, the petitioners are entitled to similar
relief.
Further submissions have been made that subsequent to the
said judgment in the case of Hanwant Singh Dewal (supra),
further orders qua similarly placed persons/petitioners have been
passed in the cases of Badami Lal Jain & Anr. vs. State of
Rajasthan & Ors. : SBCWP No.1436/2021 decided on 03.02.2021
and Sidharth Ojha & Ors. vs. The State of Rajasthan & Ors. :
SBCWP No.860/2021 decided on 15.01.2021 and therefore, the
petitioners are entitled to similar relief, as has been granted in the
case of Badami Lal Jain and Sidharth Ojha (supra).
It is further submitted that this Court while referring to the
judgment in Durga Ram Jat vs. State of Rajasthan : SBCWP
No.9695/2014, decided on 08.10.2015 granted the relief to the
petitioners therein. It is further submitted that the orders passed
(5 of 6) [CW-13462/2021]
in the case of Hanwant Singh Dewal, Badami Lal Jain and Sidharth
Ojha (supra) have already been implemented by the respondents.
Learned counsel for the respondents made submissions that
there is specific stipulation in the order of the appointment
(Annex.2) regarding applicability of the Rajasthan Civil Service
(Contributory Pension) Rules, 2005 (Rules of 2005) and as such
the petitioners are not entitled for the relief prayed.
I have considered the submissions made by the counsel for
the respondents.
In the case of Durga Ram Jat (supra), pursuant to Rules of
2005 and the fact that appointment was made after the Rules
came into force stipulation was made in the order, which it was
found by the Court was not justified and therefore, directions as
contained therein were issued, therefore, merely on account of
stipulation made in the order of appointment (Annex.2) wouldn't
be a distinguishing feature qua the judgment in the case of Durga
Ram Jat, as followed in the cases of Hanwant Singh Dwal, Badami
Lal Jain and Sidharth Ojha (supra).
Further, as submitted by the counsel for the petitioners with
reference to order (Annex.4), the respondents have already
implemented the orders passed in the case of Hanwant Singh
Dwal, Badami Lal Jain and Sidharth Ojha (supra) qua the persons
identically situated to the petitioners and, therefore, there is no
reason to deny the above relief to the petitioners.
In view of above discussion, following the orders in the case
of Hanwant Singh Dwal, Badami Lal Jain and Sidharth Ojha
(supra), the writ petitions filed by the petitioners are allowed. The
petitioners are held entitled for the benefit of old pension Scheme
and other benefits as being awarded to similarly situated
(6 of 6) [CW-13462/2021]
petitioners. Needful be done within a period of three months from
today.
(ARUN BHANSALI),J
27 to 31-DJ/-
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