Rajkamal Jat vs State Of Rajasthan
2022 Latest Caselaw 11132 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11099/2022

1. Rajkamal Jat S/o Shri Chhitar Mal Jat, Aged About 30 Years, R/o Village Bobari, Tehsil Jamwa Ramgarh, District Jaipur (Raj.).

2. Ramniwas Mandiwal S/o Shri Bajrang Lal, Aged About 40 Years, R/o Village Nagwa, Tehsil Dhod, District Sikar.

3. Ramdayal Sharma S/o Shri Ramswaroop Sharma, Aged About 30 Years, R/o Dhani Balesaraki, Village Ramjipura, Post Nayla, Tehsil Jamwaramgarh, Jaipur.

4. Kuldeep Legha S/o Shri Kalu Ram, Aged About 35 Years, R/o 1 Lsm Banda Colony, Tehsil Anupgarh, District Sriganganagar.

5. Kalvinder Kaur D/o Shri Baldev Singh, Aged About 35 Years, R/o Ward No. 6, 8, C-Block, Gajsinghpur, Tehsil Padampur, Sriganganagar.

6. Banwari Lal Gupta S/o Shri Babu Lal Gupta, Aged About 35 Years, R/o Madhuvan Vihar Colony, Ajeet Ka Khet, Karauli.

7. Bhagat Singh Dagur S/o Shri Kalyan Singh, Aged About 41 Years, R/o Village-Post Somali, Tehsil Hindauncity, Karauli.

8. Brijesh Chouhan S/o Shri Gopal Chand, Aged About 37 Years, R/o Near Ramdevara, Village Post Khoor, Tehsil Dataramgarh, District Sikar.

9. Hanuman Ram S/o Shri Kesha Ram, Aged About 40 Years, R/o Village Bandhaniya, Tehsil Sedwa, District Barmer.

10. Anita Parihar D/o Shri Daya Ram Parihar, Aged About 39 Years, R/o 12/26, R.c. Vyas Colony, Bhilwara.

11. Gajendra S/o Shri Ram Chandra, Aged About 38 Years, R/ o Jingar Chowk, Subhash Ghat Road, Pipar Shahar, Jodhpur.

12. Ram Niwash Sewada S/o Shri Bhageerath Mal Sewada, Aged About 42 Years, R/o Village Post Bosana, Tehsil Dhod, Sikar.

13. Suresh Kumar S/o Shri Nand Kishore, Aged About 38 Years, R/o Village Badusar, Tehsil Laxmangarh, District

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Sikar.

14. Ramesh Kumar Puniya S/o Shri Asu Lal Puniya, Aged About 40 Years, R/o Village Sarnawas, Tehsil Chitalwana, District Jalore.

15. Sunita Khichar D/o Shri Nahar Singh, Aged About 40 Years, R/o Village Banoora, District Sikar.

16. Nemsingh S/o Shri Rajendra Singh, Aged About 40 Years, R/o Ward No. 42, Maruti School Ke Samne, Sanjay Nagar, Bharatpur.

17. Padam Chand Bagri S/o Shri Budh Singh Bagri, Aged About 38 Years, R/o Khatikan Mohalla, Chimrawali Sikh, Post Maujpur, Tehsil Laxmangarh, Alwar.

----Petitioners Versus

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

2. The Director, Secondary Education, Government Of Rajasthan, Bikaner.

----Respondents

For Petitioner(s) : Mr. R.R. Khilery.

For Respondent(s)          :



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

07/09/2022

This writ petition has been filed by petitioners seeking relief

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. :

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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 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

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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 208-PKS/-

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