Brajesh Chandra Mishra vs State Of Rajasthan
2021 Latest Caselaw 15652 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Writ Petition No. 14230/2021

1.     Brajesh Chandra Mishra S/o Prabhudayal, Aged About 56
       Years, R/o 3-D-32 Gupteshwar Nagar Sector No. 7,
       Udaipur Dist. Udaipur, Raj.
2.     Smt. Harsh Lata Duggal W/o Vijay Kumar, Aged About 61
       Years, R/o 1/110 Goverdhan Villas Rhb Colony, Udaipur,
       Dist. Udaipur Raj.
3.     Smt. Sunita Mathur D/o Kailash Narayan Mathur, Aged
       About 53 Years, R/o 132 Vidhya Nagar, Hiran Magri Sector
       No. 4, Udaipur, Dist. Udaipur Ajmer Raj.
                                                                        ----Petitioners
                                     Versus
1.     State Of Rajasthan, Through The Secretary To The
       Government,          Department          Of     Education,           Secretariat,
       Jaipur.
2.     The Director, Education Secondary, Bikaner.
3.     Joint     Director       Secondary,      Department             Of    Education,
       Udaipur, Zone, Udaipur.
4.     District Education Officer (Secondary), Udaipur.
                                                                      ----Respondents


For Petitioner(s)           :     Mr. Tanwar Singh Rathore, Adv.
For Respondent(s)           :



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                      Order

18/10/2021

     It is submitted by learned counsel for the petitioners 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. :

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S.B.C.W.P. No.19179/2017, decided on 30.10.2017 at Jaipur

Bench and, therefore, the petitioners are also entitled to the same

relief as granted in the case of Manoj Khandelwal (supra) and

Krishan Lal (supra).

     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,


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                                       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."


                                       Stay application is also disposed of accordingly.


                                                                               (MANOJ KUMAR GARG), J.

57-MS/-

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