Seema Parmar vs State Of Rajasthan
2022 Latest Caselaw 923 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5561/2019

1. Om Prakash Gora S/o Shri Daulat Ram, Aged About 34 Years, V/p Bhilunda, Via Sihot Bari, District Sikar At Present Working As Government Upper Primary School Kajol, Block Pokran District Jaisalmer.

2. Samshudeen S/o Shri Rashid, Aged About 36 Years, V/o Islampur, District Jhunjhunu, At Present Working As Government Upper Primary School Meakuba, (Bandheva) Block Pokran, District Jaisalmer.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. Director, Elementary Education, Bikaner.

4. The District Education Officer (Elementary Education), Jaisalmer.

----Respondents Connected With S.B. Civil Writ Petition No. 2161/2019 Manoj Meena S/o Ratiram Meena, Aged About 27 Years, Village Pilukheda, Gotar, Tehsil Bonli, District Sawai Madhopur. (Posted As Teacher Grade Iii Level-I At Gps, Jogiyo Ka Talab (Tirol), P.s. Sayra, District Udaipur).

----Petitioner Versus

1. State Of Rajasthan, Thr4Oguh Its Secretary, Rural Development And Panchayati Raj Department, Government Secretariat Jaipur, Rajasthan.

2. The Director, Elementary Education, Rajasthan, Bikaner.

3. The Chief Executive Officer, Zila Parishad, Udaipur.

4. The District Education Officer, (Elementary), Udaipur.

5. The Panchayat Elementary Education Officer, Tirol, Block Sayra, District Udaipur.

----Respondents S.B. Civil Writ Petition No. 3162/2019

1. Khusbu D/o Shri Jai Prakash Singh, Aged About 27 Years, Gups Medwa, Gram Panchayat Barat Ka Gaon, District Jaisalmer, Rajasthan.

2. Dinesh Bithu S/o Shri Jain Dan Bithu, Aged About 33 Years, Karni Colony. Opp. Bsnl Telephone Exchange (Pokaran), District Jaisalmer, Rajasthan.

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3. Magraj Singh S/o Shri Sawal Dan, Aged About 27 Years, Gps Jasoda Ki Dhani, Gram Panchayat Barat Ka Gaon, District Jaisalmer, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. Director, Elementary Education, Bikaner.

4. The District Education Officer, (Elementary Education) Jaisalmer.

----Respondents S.B. Civil Writ Petition No. 3207/2019 Rekha Dahima D/o Shri Mohan Lal Bagdi, Aged About 36 Years, 102, Sukhdevi Nagar, Bedla, Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. Director, Elementary Education, Bikaner.

4. The District Education Officer (Elementary Education), Udaipur.

----Respondents S.B. Civil Writ Petition No. 3232/2019

1. Samandar Singh S/o Shri Ghyan Singh, Aged About 33 Years, Village Parasar, Post Phalsand, Tehsil Bhaniyana, District Jaisalmer, Rajasthan.

2. Kamaldan S/o Shri Shaktidan Barat, Aged About 30 Years, V/o Sangar, Tehsil Fatehgarh, District Jaisalmer, Rajasthan.

3. Gulab Dan S/o Narayan Dan, Aged About 27 Years, Vpo Koda, Tehsil Fatehgarh, District Jaisalmer.

4. Parmeshwari D/o Shri Ghasi Ram, Aged About 28 Years, Village Garinda, Tehsil Fatehpur, District Sikar, Rajasthan.

5. Ram Prakash S/o Shri Asha Ram, Aged About 30 Years, Dhibba Pada, Ward No. 03, District Jaisalmer, Rajasthan.

6. Kailash Dan Ratanoo S/o Shri Shambhu Dan Ratanoo, Aged About 30 Years, Ratnuoo Ki Dhani, Post Bhiyad, Tehsil Shiv, District Barmer.

7. Satyanarayan S/o Shri Kishan Lal, Aged About 38 Years, Jeengar Mohalla, Jaisalmer, District Jaisalmer, Rajasthan.

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                                                                ----Petitioners
                                 Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. Director, Elementary Education, Bikaner.

4. The District Education Officer (Elementary Education), Jaisalmer.

----Respondents S.B. Civil Writ Petition No. 4733/2019 Harji Ram Meghwal S/o Shri Jagmala Ram, Aged About 30 Years, R/o Meghwalo Ka Bass, Mokheri, Tehsil Phalodi, District Jodhpur At Present Working As Govt. Primary School Jod. Ps Baap, District Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. Director, Elementary Education, Bikaner.

4. The District Education Officer, (Elementary Education) Jodhpur.

----Respondents S.B. Civil Writ Petition No. 5230/2019 Seema Parmar D/o Shri Sangram Parmar, Aged About 26 Years, Village Chandpura Narena, (Sarera), Tehsil Kherwada, District Udaipur, At Present Working As Government Upper Primary School Samlafala, Masora Ki Obri, Block Rishabdev, Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. Director, Elementary Education, Bikaner.

4. The District Education Officer (Elementary Education), Udaipur.

----Respondents S.B. Civil Writ Petition No. 2459/2020

1. Himmta Ram S/o Nema Ram, Aged About 54 Years, Vpo

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Dyalpura, Tehsil Pali, District Pali. At Present Working At Govt. Primary Shcool, Sattiyo Kee Dhani, Muliyawas, District Pali (Rajasthan)

2. Nemaram Meghwal S/o Achalaram Meghwal, Aged About 57 Years, Village Danda, Tehsil Pali, District Pali. At Present Working At Govt. Primary School Bala Kee Dhani, P.s. Pali District Pali (Rajasthan)

----Petitioners Versus

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

2. The Director, Elementary Education, Bikaner

3. The District Education Officer (Elementary), Pali

4. Panchayat Elementary Education Officer, Govt. Sr. Sec.

School, Roopawas, Charnan, P.s. Pali (Rajasthan)

5. Panchayat Elementary Education Officer, Govt. Sr. Sec.

School, Kurna, P.s. Pali (Rajasthan)

----Respondents S.B. Civil Writ Petition No. 2645/2020

1. Sukhdev Bera S/o Shri Shankar Lal, Aged About 32 Years, R/o Village And Post Sogawas, Tehsil Merta City, District Nagaur (Raj.).

2. Ramswroop S/o Asharam Regar, Aged About 30 Years, R/ o Village And Post Morara, Tehsil Merta City, District Nagaur (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. Director, Elementary Education, Bikaner.

4. The District Education Officer, (Elementary Education), Nagaur.

5. Chief Block Education Officer, Merta City, District Nagaur.

----Respondents

For Petitioner(s) : Mr. Tanwar Singh (through VC). For Respondent(s) : Mr. K. K. Bissa (through VC).

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HON'BLE MS. JUSTICE REKHA BORANA

Order

19/01/2022

Learned counsel for the petitioners submits that the issue

raised in the present matters rests decided by judgment passed in

S.B. Civil Writ Petition No. 3063/2019 ; Dal Chand Jat v.

The State of Rajasthan & Ors. by the Jaipur Bench of this

Court.

Learned counsel for the respondents also does not refute the

same.

Therefore, in view of the judgment as passed in Dal Chand

Jat's case (supra), the present writ petitions are also disposed of

with a direction to the respondents that the petitioners shall be

paid the notional benefits, including benefits of seniority and pay

fixation from the stage when the appointment of persons at the

same or lesser merit were appointed. However, no monetary

benefits would be payable for the period the petitioners had not

discharged actual duties.

It is clarified that the monetary benefits already accorded to

the petitioners as arrears in lieu of the period for which they had

not worked would be recoverable by the department, if not

recovered yet. It is further clarified that no recovery except the

amount paid for the period for which the petitioners had not

worked shall be recoverable. Other than that, all consequential

notional benefits as observed above, would be payable to the

petitioners.

(REKHA BORANA),J 98 to 106-Sachin/-

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