Subhash Chandra vs The State Of Rajasthan
2022 Latest Caselaw 9298 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 9877/2022

1. Subhash Chandra S/o Shri Shishpal Ruel, aged about 32 Years, R/o VPO Sahawa, Tehsil Taranagar, District Churu (Rajasthan).

2. Jhindu Ram S/o Shri Ladu Ram Kaswan, aged about 38 Years, R/o VPO Jhothara, Tehsil Taranagar, District Churu (Rajasthan).

3. Kamal Hasan S/o Shri Bhawar Mohammad Lohar, aged about 34 Years, R/o Charano Ka Jaw, Nimaj, District Pali (Rajasthan).

4. Sharda D/o Shri Bhajan Lal Kumhar, aged about 32 Years, R/o VPO Raigarh, Nohar, District Hanumangarh (Rajasthan).

5. Dinesh Kumar Meena S/o Shri Bhawar Lal Meena, aged about 33 Years, R/o VPO Sarsiya, Tehsil Jahajpur, District Bhilwara (Raj.).

6. Narpat Singh S/o Shri Shiv Dutt Singh, aged about 42 Years, R/o VPO Rupawas Charnan, Tehsil and District Pali (Rajasthan).

7. Surendra Kumar S/o Shri Yad Ram Yadav, aged about 36 Years, R/o Village Rasulpur, Post Pacheri Bari, Tehsil Buhana, District Jhunjhunu (Rajasthan).

8. Ashutosh Singh S/o Shri Naresh Singh Pal, aged about 35 Years, R/o Ward No. 8, Near Gaushala, Taranagar District Churu (Raj.).

9. Anita Godara S/o Shri Bhimsain, aged about 31 Years, R/ o Ward No. 6, Asarjana, Post Birkali, Tehsil Nohar, District Hanumangarh (Rajasthan).

10. Asif Khan S/o Shri Basir Khan, aged about 36 Years, R/o Ward No. 15, Mangla Colony, Churu, District Churu (Rajasthan).

11. Sugna Kumari D/o Shri Trilok Chand, aged about 37 Years, R/o VPO Badet, District Jhunjhunu (Rajasthan).

12. Mohan Lal Kalkal S/o Shri Bhagirath Prasad Kalkal, aged about 38 Years, R/o VPO Rampurabas, Jasarasar, Tehsil and District Churu (Rajasthan).

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13. Akshay Joshi S/o Shri Narottam Das, aged about 32 Years, R/o G-202, Rajput Colony, Subhash Nagar, Bhilwara, District Bhilwara (Rajasthan).

14. Ravi Kumar Koli S/o Shri Mohan Lal, aged about 32 Years, R/o Q.no. 21, Near Shree Baba Dham Temple, Shyam Nagar, Bhilwara (Rajasthan).

15. Sumitra Kumari Jat D/o Shri Nand Ram Jat, aged about 34 Years, R/o Village Patliyas, Post Mangrop,tehsil Hamirgarh, Block Suwana, District Bhilwara (Rajasthan).

16. Kumbha Ram S/o Shri Champa Ram, aged about 30 Years, R/o Village Belwa Khatriyan, Via Balesar, Tehsil Balesar, District Jodhpur (Rajasthan).

17. Mohit Panchal S/o Shri Yogendra Panchal, aged about 34 Years, R/o VPO Sajjangarh, Tehsil Sajjangarh, District Banswara (Raj.).

18. Sirdara Ram S/o Shri Raju Ram, aged about 29 Years, R/o Ward No. 18, Khajuwala,tehsil Khajuwala, District Bikaner (Raj.).

19. Asha Ram S/o Shri Shethu Ram, aged about 36 Years, R/ o VPO Chhila, Tehsil Phalodi, District Jodhpur (Raj.).

20. Deshraj Bairwa S/o Shri Kattu Ram Bairwa, aged about 35 Years, R/o Mororkala (Nawalpura),tehsil Raini, District Alwar (Raj.).

21. Mala Ram S/o Shri Jetha Ram, aged about 45 Years, R/o VPO Arjiyana, Tehsil Siwana, District Barmer (Raj.).

22. Jawahar Lal S/o Shri Jagseer Singh, aged about 34 Years, R/o 3 Mwm, Post 2Kld, Tehsil Khajuwala, District Bikaner (Raj.).

23. Ashvani Kumar Meena S/o Shri Gopal Lal Meena, aged about 35 Years, R/o H.no. 30, Sita Nagar-2, Jaipur, District Jaipur (Ra.).

----Petitioners Versus

1. The State of Rajasthan through Principal Education Secretary, Government Secretariat, Jaipur.

2. The Director, Secondary Education, Bikaner.

                                                                 ----Respondents




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For Petitioner(s)         :     Mr. V.R. Choudhary.



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

18/07/2022

This writ petition has been filed by petitioners seeking reliefs

as indicated in the writ petition.

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. :

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

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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, 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."

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(ARUN BHANSALI),J 162-DJ/-

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