Rajasthan High Court - Jodhpur
State And Ors vs Smt. Seema Parihar on 2 February, 2022
Bench: Akil Kureshi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 835/2006
1. The State of Rajasthan through the Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Director, Primary Education Rajasthan, Bikaner.
3. The District Education Officer, (Primary), Nagaur.
----Appellant
Versus
Smt. Seema Parihar W/o Shri Mazipur Rahaman D/o Shri Ayub
Ali Parihar, resident of Polot No.89, Outer Singnal Indira Colony,
Nagaur.
----Respondent
For Appellant(s) : Mr. Manish Vyas, AAG through V.C.
For Respondent(s) : None present.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
02/02/2022
This appeal is filed by the State to challenge the judgment
dated 19.05.2005 passed by the learned Single Judge in S.B. Civil
Writ Petition No.1726/2005. The learned Single Judge had relied
on the decision in the case of Altaf Bano Vs. State and Others (DB
Civil Appeal No.285/2004 - decided on 06.04.2005) in order to
allow the petition by upholding the educational qualification of the
petitioner for the purpose of appointment on the post of Teacher
Grade-III Urdu (Minority Language) in Government schools.
The issue is squarely covered by the Division Bench
judgment in the case of State of Rajasthan and Others V/s.
Miss Firdos Tarannum (D.B. Civil Special Appeal (W)
(2 of 2) [SAW-835/2006]
No.534/2005 - decided on 12.01.2022). Following
observations may be noted:
"Under the circumstances, we do not find that the
learned Single Judge committed any error. We may
record that in view of the conflict between the two
decisions of the Division Benches of this Court in the
cases of Altaf Bano (supra) and Firdos Tarannum
(supra), a reference was made to the larger bench.
In Firdos Tarannum (supra) Supreme Court has
remanded the proceedings before this Court and
which are now being decided by this judgment which
in any case is not in conflict with the view expressed
in the case of Altaf Bano(supra). The reference to
the larger bench would therefore become one of no
consequence.
The learned Single Judge while disposing of the
writ petition had directed the State authorities to
consider the case of the petitioner for appointment
on the post of Teacher Grade-III Urdu (minority
language) pursuant to the said advertisement dated
07.11.2000 and if appointed she would be granted
all consequential benefits. Several years have
passed and the litigation remained pending at one
stage or the other. We do not think that the State
exchequer should be burdened with the payment of
idle wages for the past period to the petitioner even
if she were to be appointed. Under the
circumstances, while disposing of this appeal, the
judgment of the learned Single Judge is modified by
holding that the State authorities shall consider the
petitioner for appointment to the post in question
according to her merit position and if appointed, she
shall be granted all consequential benefits except
back wages for the past period. In other words, the
petitioner would have the benefit of seniority for the
past period from the date the person below the
petitioner in merit list was appointed.
The appeal is disposed of accordingly."
Under the circumstances, the appeal is disposed of along the
same line. The modification as provided in the said order
regulated the past period will apply in the present case also.
With these observations and directions, the appeal is
disposed of.
(MADAN GOPAL VYAS),J (AKIL KURESHI),CJ
143-a.asopa/-
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