Gopal Sharma vs State Of Rajasthan
2022 Latest Caselaw 12161 Raj

Citation : 2022 Latest Caselaw 12161 Raj
Judgement Date : 10 October, 2022

Rajasthan High Court - Jodhpur

Gopal Sharma vs State Of Rajasthan on 10 October, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10726/2022 Lalit Kumar Patidar S/o Shri Badri Lal, Aged About 44 Years, Naya Bus Stand, Nimbara Road, Tehsil Chhoti Sadri District Pratapgarh (Raj.) At Present Working As A Senior Teacher At Government Senior Secondary School, Karju District Pratapgarh (Employee Id Rjg200630003658)

----Petitioner Versus

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

2. Director, Secondary Education, Directorate, Jaipur.

3. Director, Elementary Education, Directorate, Bikaner.

4. Joint Director, Secondary Education, Udaipur.

5. District Education Officer, Elementary Education, Pratapgarh, District Pratapgarh.

6. District Education Officer, Secondary Education, Pratapgarh District Pratapgarh.

----Respondents Connected With S.B. Civil Writ Petition No. 11217/2022 Gopal Sharma S/o Shri Manmal Sharma, Aged About 53 Years, R/o 192, Adarsh Colony, Azad Marg, Nimbahara District Chittorgarh. At Present Working As A Senior Teacher At Government Senior Secondary School, Shemaliya Block Nimbahara District Chittorgarh (Employee Id Rjct200611003164).

----Petitioner Versus

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

2. Director, Secondary Education, Directorate, Jaipur.

3. Director, Elementary Education, Directorate, Bikaner.

4. Joint Director, Secondary Education, Udaipur.

5. District Education Officer, Secondary Education, Chittorgarh District Chittorgarh.

6. District Education Officer, Elementary Education, Chittorgarh District Chittorgarh.

----Respondents

For Petitioner(s) : Mr. Ramdev Potalia.

For Respondent(s)        :     Mr. K.K. Bissa.


        HON'BLE MR. JUSTICE ARUN BHANSALI
                       Order
10/10/2022



                                           (2 of 4)                    [CW-10726/2022]

Learned counsel for the petitioners submits that the issue

raised in the present writ petitions 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. The petitioners are also entitled to the same relief as

granted in the case of Manoj Khandelwal (supra) and Krishan Lal

(supra) claims learned counsel.

In view of the submissions made, the writ petitions filed by

the petitioners are 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 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

(3 of 4) [CW-10726/2022]

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."

For the purpose aforesaid, the petitioners shall file

representation before the competent authority giving out the

requisite details along with certified copy of the order instant

within a period of four weeks from today. On receipt of the

representation, the concerned respondent shall decide the same,

in accordance with law within a period of eight weeks from the

date of receipt of the representation and accord notional benefits

to the petitioners from the date persons similarly situated to them

and lower in merit were given appointment.

Upon consideration of the representation so filed, if

respondents find the case(s) of the petitioner(s) to be covered by

(4 of 4) [CW-10726/2022]