Rajasthan High Court
Punita Sharma D/O Shri Medhavi Lal ... vs State Of Rajasthan on 23 November, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11217/2021
Punita Sharma D/o Shri Medhavi Lal Sharma, Aged About 48
Years, R/o 86, Adarsh Nagar, Bundi Road, Kota.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education, Secretariat, Jaipur.
2. Director, Elementary Education, Rajasthan, Bikaner (Raj.).
----Respondents
For Petitioner(s) : Mr. Pushpendra Singh Tanwar with
Mr. Shobit Tiwari
For Respondent(s) : Mr. Aditya Sharma, Dy.G.C.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
23/11/2021
In view of the short controversy involved in the matter, this
Court deems it just and proper to direct Mr. Aditya Sharma,
learned Deputy Government Counsel, present in Court, to accept
notices on behalf of the respondents.
This writ petition has been filed seeking benefit of seniority,
old pension scheme, service benefits and allowances after
counting petitioner's services with effect from the year 1999,
when the first appointment order was issued in terms of
recruitment advertisement dated 13.06.1998 as provided to the
other appointed candidates in pursuance of the same
advertisement.
Learned counsel for the petitioner submits that a co-ordinate
Bench of this Court in S.B. Civil Writ Petition No.411/2020,
(2 of 3) [CW-11217/2021]
Rishi Raj Singh Bundela & Ors. Vs. State of Rajasthan &
Ors. involving identical controversy, vide its order dated
08.09.021, directed the respondents to pass appropriate order on
representation to be submitted by the petitioners therein, in the
light of directions issued by another co-ordinate Bench judgment
in case of Kishore Singh & Anr. Vs. The State of Rajasthan &
Ors.: S.B. Civil Writ Petition No.17750/2015, decided on
05.09.2018. He, therefore, prays for disposal of the instant writ
petition in similar terms.
Learned counsel for the respondents has no objection to the
aforesaid prayer.
In case of Rishi Raj Singh Bunela & Ors. (supra), it was
held as under:-
"In the case of Kishore Singh (supra), a Co-ordinate
Bench of this Court inter alia directed as under:
"15. In view of above these three writ petitions
are allowed. The respondent-State is directed to
grant benefit of pay-scale and allowances as
applicable and applied on the employees who have
been appointed under the advertisement of 2003
and the benefits thereto in including seniority. It is
made clear that so far as the actual benefits are
concerned, the same shall be made available to the
petitioners from the date of their appointment while
earlier benefits shall be notionally alone. The
compliance be made within three months
henceforth."
The petitioners may make a detailed
representation to the respondents making out a case
for grant of similar relief as granted in the case of
Kishore Singh (supra). In case, the petitioners make
out a case for grant of similar view, the respondents
shall pass appropriate orders in light of the
judgment in the case of Kishore Singh (supra).
Needful may be done by the petitioners within
a period of 2 weeks and the representation shall be
decided within a period of 4 weeks thereafter."
(3 of 3) [CW-11217/2021]
The instant writ petition also stands disposed of in terms of
directions of this Court in case of Rishi Raj Singh Bundela &
Ors. (supra) which shall apply mutatis mutandis to this case also.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/82
Powered by TCPDF (www.tcpdf.org)
