Jagdish Narayan Kumhar S/O Shri ... vs The State Of Rajasthan
2022 Latest Caselaw 1848 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 7340/2016

1.    Jagdish Narayan Kumhar S/o Shri Sukha Ram, Aged
      About      41   Years,       R/o     Kumharoon              Ki   Dhani,   Village
      Bhojyawas, Post Bhankrota, District Jaipur. (Raj.)
2.    Kunj Bihari Sharma S/o Shri Ramji Lal Sharma, Aged
      About 41 Years, R/o Mahesara, Pot Jollanda, Tehsil
      Malarana Dungar, District Sawaimadhopur (Raj.)
3.    Jagdish Prasad Sharma Kumhar S/o Shri Radheyshyam
      Sharma, Aged About 47 Years, R/o C/o 7-A, Choudhary
      Ramkaran Nagar, Dakwell, Bagru, District Jaipur.
4.    Kamlesh Kumar Mali S/o Shri Puniram Mali, Aged About
      44 Years, R/o Plot No. 68, Krishna Vihar Colony, Behind
      Anaj Mandi, Lalsot (Dausa)
5.    Babu Khan S/o Shri Gulab Khan, Aged About 59 Years, R/
      o Idgah Colony, Ward No. 9, House No. 190, Opp. Bakri,
      Tehsil Dausa, District Dausa (Since Died) Through His
      Legal Heirs.
5/1   Mobina Begam W/o Babu Khan, Aged About 57 Years, R/o
      7/190, Idgah Colony Dausa.
5/2   Sarfaraj Nawaj Khan S/o Babu Khan, Aged About 33
      Years, R/o 7/190, Idgah Colony Dausa.
5/3   Shahina Bano D/o Babu Khan, Aged About 32 Years, R/o
      67, Abad Nagar, Bandhya Mod, Goner Road,luniyawas,
      Jaipur.
5/4   Mohammed Shahid S/o Babu Khan, Aged About 30 Years,
      R/o       67,     Abad         Nagar,         Bandhya            Mod,     Goner
      Road,luniyawas, Jaipur.
5/5   Shahnaj Bano D/o Babu Khan, Aged About 28 Years, R/o
      67, Abad Nagar, Bandhya Mod, Goner Road,luniyawas,
      Jaipur.
5/6   Tasleem Bano D/o Babu Khan, Aged About 26 Years, R/o
      67, Abad Nagar, Bandhya Mod, Goner Road,luniyawas,
      Jaipur.
5/7   Shahjadi Bano D/o Babu Khan, Aged About 23 Years, R/o
      67, Abad Nagar, Bandhya Mod, Goner Road,luniyawas,
      Jaipur.
5/8   Shahbaj Khan S/o Babu Khan, Aged About 20 Years, R/o


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       67, Abad Nagar, Bandhya Mod, Goner Road,luniyawas,
       Jaipur.
                                                                    ----Petitioners
                                  Versus
1.     The State Of Rajasthan, Through Principal Secretary,
       Sanskrit Education Department, Govt. Of Rajasthan,
       Secretariat, Jaipur.
2.     The Principal Secretary, Department Of Finance, Govt. Of
       Rajasthan, Secretariat, Jaipur.
3.     The Director, Sanskrit Education, Dr. Radha Krishanan
       Shiksha Sankul, J.l.n. Marg, Jaipur.
                                                               ----Respondents

Connected With S.B. Civil Writ Petition No. 12342/2017

1. Brajendra Singh S/o Shri Bhanwar Singh, R/o Rajput Colony, Tehsil Didwana, District Nagaur.

2. Giriraj Joshi S/o Shri Radheyshyam Joshi, R/o Outside Heera Badi, Machchhiyo Ka Chowk, District Nagaur.

----Petitioners Versus

1. The State Of Rajasthan Through Principal Secretary, Sanskrit Education, Government Of Rajasthan, Secretariat, Jaipur.

2. Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur.

3. Director, Sanskrit Education Department, Shiksha Sankul, J.l.N., Marg, Jaipur.

----Respondents S.B. Civil Writ Petition No. 12352/2017 Girdhari Lal Jat S/o Shri Goverdhan Lal Jat, R/o Village And Post Manpura Machedi, Tehsil Amer, District Jaipur.

----Petitioner Versus

1. The State Of Rajasthan Through, Principal Secretary, Sanskrit Education, Government Of Rajasthan, Secretariat, Jaipur.

2. Principal Secretary, Department Of Finance, Government

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Of Rajasthan, Secretariat, Jaipur.

3. Director, Sanskrit Education Department, Shiksha Sankul, J.l.n., Marg, Jaipur.

----Respondents S.B. Civil Writ Petition No. 3628/2018

1. Prabhu Lal Meena S/o Shri Govindram Meena, R/o Village Kundli Nadi, Post Gambhira, Tehsil Malarna Doongar, District Sawaimadhopur.

2. Mahesh Puri Goswami S/o Shri Kalyan Puri Goswami, R/o Village And Post Bonli, Near Bus Stand, District Sawaimadhopur.

----Petitioners Versus

1. The State Of Rajasthan Through, Principal Secretary, Sanskrit Education, Government Of Rajasthan, Secretariat, Jaipur.

2. Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur.

3. Director, Sanskrit Education Department, Shiksha Sankool, J.l.n. Marg, Jaipur.

----Respondents S.B. Civil Writ Petition No. 3630/2018 Madan Lal Shastri S/o Shri Dhanna Ram, R/o Village And Post Titaria, Tehsil Chaksu, District Jaipur Raj.

----Petitioner Versus

1. The State Of Rajasthan Through Its Principal Secretary, Sanskrit Education Department, Govt. Of Raj, Secretariat, Jaipur.

2. The Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur.

3. The Director, Sanskrit Education, Dr. Radha Krishanan Shiksha Sankul, J.l.N. Marg, Jaipur.

----Respondents

For Petitioner(s) : Mr. Narendra Kumar Saini For Respondent(s) : Mr. Ramesh Chandra Kumawat, Dy.G.C.

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             HON'BLE MR. JUSTICE SAMEER JAIN

                                    Order

28/02/2022

1. Learned counsel for the petitioners has filed one application

(I.A. No.2/2019) for deciding the writ petition in light of judgment

of Coordinate Bench of this Court in SBCWP No.12691/2016 titled

as Smt. Manjari Mehta & Ors. Vs. State of Rajasthan & Anrs.

2. Counsel for the petitioners submits that the present writ

petitions have been filed for seeking directions to make fixation of

the pay of the petitioners in the pay scale pertaining to the post of

Senior Teacher Grade-I and II from the date of their posting on

the said post with the financial degradation and arrears thereof

along with interest @ 18% per annum till actual payment is made

and also consider the claim of the petitioners for seniority on the

post of Senior Teacher Grade-I and II w.e.f. the date petitioners

were posted on the said post on "Pantey vetan".

3. The petitioner's counsel submits that similar controversy has

been decided by the judgment of Smt. Manjari Mehta & Ors.

(supra) whereby the Hon'ble Court has allowed the aforesaid writ

petition and directions were given to the respondents to grant pay

scale of the post of School Lecturers to the petitioners from the

date they were working on the said post before their regular

promotion. The relevant portion of the said judgment reads as

under:-

"This Court does not find any substance in the submissions made by learned counsel for the respondents that the petitioners will not be held entitled to get the benefit on the higher post as they have been promoted on the recommendation of the DPC. The non-promotion of the petitioners is almost for 13 years and

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their continuence on the higher post makes them entitled for the emoluments, which are available on the higher post.

This Court does not find any substance in the submission of learned counsel for the respondents that the order passed by the Principal Seat at Jodhpur in the case of Vijay Kumar Damor and Ors. Vs. The Principal Secretary & Anr. (supra) is not applicable in the present case.

This Court finds that once the principle of law has been decided by this court by holding that if a person is asked to work on a higher post, the principle of "equal pay for equal work" enshrined under Article 39 (d) read with Article 14 of the Constitution of India is applicable, then no justification can be made only on account of the post being different in Department of State of Rajasthan.

This Court does not find any substance in the submissions made by learned counsel for the respondents that the order passed by the Co- ordinate Bench in the case of Mukesh Kumar Sharma & Anr. Vs. State of Rajasthan & Ors. (supra) was implemented subject to outcome of the Special Appeal. This Court has been informed that the order passed by the Single Bench was also upheld by the Division Bench and the State has decided not to file any Special Appeal in the Apex Court.

The submission of learned counsel for the respondents that regular DPC is being held from time to time and as such no relief should be given to the petitioners, this Court finds that the petitioners, who were initially asked to work, as per the averments made in the additional affidavit, from the year 2003, except petitioner No. 6 from the year 2001 and the promotion in the year 2016-2017 can not deprive such persons from the benefit, for which they are entitled for as they have worked on the higher post.

Accordingly, the present writ petition stands allowed and the direction is given to the respondents to grant the pay scale of the post of

and pay scale of Teacher Grade-II to the petitioner Nos. 6 to 8 from the date they are working on the said post before their regular promotion. The order dt. 2nd November, 2015,

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is quashed & set aside. The petitioners would be entitled for arrears on account of their fixation & any amount already paid to the petitioners would be adjusted. The necessary exercise will be made within a period of six weeks from the date of receipt of certified copy of this order."

4. Learned counsel for the respondents submits that the

judgment relied upon by the petitioners is squarely applicable in

the facts and circumstances of the present writ petition and he

has no objection to the same. He submits that the same may be

decided in accordance with the ratio of the said judgment.

5. In the light of the said submission, this Court is of the view

that the writ petition is liable to be allowed and is allowed on the

similar terms and conditions as in Smt. Manjari (supra).

6. The writ petitions are allowed in above terms.

7. All pending applications stand disposed of.

(SAMEER JAIN),J

Arun/19-23

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