Madan Lal Godara vs State Of Rajasthan
2022 Latest Caselaw 4772 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 38/2022

1. Madan Lal Godara S/o Pratap Singh, aged about 40 Years, R/o Village Kalwas, Taranagar District Churu, Presently working on the post of Sr. Teacher, Govt. Sr. Secondary School Lodhasar (Sujangarh) District Churu.

2. Santosh Kumar Yadav S/o Bhairun Ram Yadav, aged about 36 Years, R/o Dhani Sewakaki VPO Ajmeri, Tehsil Shrimadhopur, District Sikar Presently working on the post of Sr. Teacher, Govt. Sr. Secondary School Phutala (Shrimadhopur) District Sikar.

3. Santosh Kumar Gupta S/o Hazari Lal Gupta, aged about 35 Years, R/o Adarsh Colony, Mohan Nagar, Hindaun City District Karauli, Presently working on the post of Sr. Teacher, Govt. Sr. Secondary School Jatnangla (Hindaun) District Karauli.

4. Suresh Kumar S/o Shri Devi Lal, aged about 37 Years, R/ o Village Munsari, Tehsil Bhadra, District Hanumangarh, Presently working on the post of Sr. Teacher, Govt. Sr. Secondary School Kulchander (Tibbi) District Hanumangarh.

5. Ramkumar Yadav S/o Kanhaiya Lal Yadav, aged about 33 Years, R/o Village Dahara, District Alwar, Presently working on the post of Sr. Teacher, Govt. Sr. Secondary School Duhar Chougan (Thanagazi) District Alwar.

6. Sushila D/o Kashi Ram, aged about 35 Years, W/o Sharwan Kumar, R/o Village And Post Somasar, Tehsil Suratgarh, District Ganganagar, Presently working on the post of Sr. Teacher, Govt. Sr. Secondary School Dhandhusar (Rawatsar) District Hanumangarh.

7. Ganesha Ram Chiga S/o Gumana Ram Chiga, aged about 32 Years, R/o Village Sekhasar, Tehsil Nokha, Distt. Bikaner, Presently working on the post of Sr. Teacher, Govt. Sr. Secondary School Morkhana (Nokha) District Bikaner.

8. Sita Ram Gurjar S/o Bansi Ram Gurjar, aged about 32 Years, R/o Dhani Khatiyan Village Ramkumarpura, Tehsil Khetri, Distt. Jhunjhunu, Presently working on the post of

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Sr. Teacher, Govt. Sr. Secondary School Meenawali (Khetri) District Jhunjhunu.

9. Jitendra Kumar Repswal S/o Dayaram Repswal, aged about 41 Years, R/o Village Nizampura, Post Chanana, Tehsil Chirawa, Distt. Jhunjhunu, Presently working on the post of Sr. Teacher, Shri Khakhi Baba Govt. Sr. Secondary School Dada Fatehpur (Khetri) District Jhunjhunu.

10. Suman Kumari D/o Jai Singh Poonia, aged about 37 Years, W/o Sanjeev Kumar, R/o Village Khiwa Ki Dhani Post Lilawathi, Distt. Churu, Presently working on the post of Sr. Teacher, Govt. Upper Primary School Khariya (Sankhu Fort) Block Rajgarh District Churu.

11. Pintu Verma S/o Ramswaroop Verma, aged about 27 Years, R/o Ward No. 12, VPO Tibbi, Distt. Hanumangarh, Presently working on the post of Sr. Teacher, Govt. Sr. Secondary School Bolanwali, (Sangariya) District Jhunjhunu.

----Petitioners Versus

1. State of Rajasthan through Principal Secretary Education Department, Govt. Secretariat, Jaipur.

2. Director, Secondary Education, Rajasthan, Bikaner.

3. Joint Director, (School Education), Udaipur Division, Udaipur.

4. Joint Director, (School Education), Jaipur Division, Jaipur.

5. Joint Director (School Education), Churu Division, Churu.

6. Joint Director (School Education), Bikaner Division, Bikaner.

7. Joint Director (School Education), Ajmer Division, Ajmer.

8. Joint Director (School Education), Bharatpur Division, Bharatpur.

----Respondents

For Petitioner(s) : Mr. Vikram Singh Bhawla on behalf of Mr. Ramesh Kumar Saini.

             HON'BLE MR. JUSTICE ARUN BHANSALI



                                              (3 of 4)            [CW-38/2022]

                                     Order

30/03/2022

Counsel for the petitioners seeks withdrawal of the writ

petition except for petitioners No.1, 4, 6, 7 and 10 with liberty to

approach the jurisdictional Court.

In view of submissions made, except for petitioners No.1, 4,

6, 7 and 10, the writ petition is dismissed as withdrawn with

liberty, as aforesaid.

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 No.1, 4, 6, 7 & 10 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 No.1, 4, 6, 7 & 10, 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

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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, 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 No.1, 4, 6, 7 & 10 would be entitled to the relief.

(ARUN BHANSALI),J 37-DJ/-

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