Rajasthan High Court - Jodhpur

Monika Choudhary vs State Of Rajasthan ... on 4 April, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/008466]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4216/2023

1. Monika Choudhary D/o Bhaghirath Mal, Aged About 32 Years, R/o C/o Jagdish Singh, W. No. 41, Infront Of St. Paul's School Radhakrishnanpura, Dist. Sikar, At Present Posting - Gsss Vijaypura Nechwa, Sikar.

2. Vikas Arora S/o Ved Prakash Arora, Aged About 38 Years, R/o Ward No. 21, Gali No. 3, Setia Farm, Behind Vinoba Basti Sriganganagar, Rajasthan, At Present Posting Govt. Senior Secondary School Chak 3 O, Block Sri Karanpur, Distt Sriganganagar.

3. Subhash Bishnoi S/o Banwari Lal Bishnoi, Aged About 33 Years, R/o Out Side Nathusar Gate, Jeevan Nath Ji Ki Bagechi, Jambheshwar Nagar, Mdv Colony, Bikaner, Rajasthan At Present Posting Govt. Senior Secondary School, Baniya, Block Nokha, Dist. Bikaner (Raj.)

4. Prem Pratap Vyas S/o Narendra Pratap Vyas, Aged About 36 Years, R/o Ratan Villa, Near Saint Public School Old Ginani, Bikaner, Rajasthan, At Present Posting Govt. Senior Secondary School, Kilchu Devdan, Block Bikaner, Dist. Bikaner.

5. Krishan Kumar Meetharwal S/o Ram Pratap, Aged About 30 Years, R/o Village Jhajhriyon Ki Dhani, Post Khinwasar, Tehsil Udaipurwati, District Jhunjhunu, At Present Posting Lieutenant Ummed Singh Government Senior Secondary School Nangli Saledi Singh, Block Khetri, District Jhunjhunu.

6. Ravindra Kumar Sunda S/o Durga Prasad Sunda, Aged About 33 Years, R/o Vpo Kanwarpura, Teh. Dhod, Dist. Sikar, At Pre. Posting Gsss Bhilunda, Block Nechhawa Dist. Sikar.

7. Santosh Kumar Yadav S/o Bhairun Ram Yadav, Aged About 37 Years, R/o Dhani Sewaka Ki Village Ajmeri, Post Office Ajmeri, Via Ajeetgarh, Tehsil Shri Madhopur, District Sikar, At Present Posting Place Mahatma Gandhi Government School, Jat Ka Johra, Block Ajeetgarh, District Sikar.

8. Santosh Kumar Gupta S/o Hazari Lal Gupta, Aged About 36 Years, R/o Adarsh Colony Near Shankar Atta Chakki, Mohan Nagar, Hindaun City, District Karauli (Raj) At Present Posting Govt. Sr. Sec. School, Jatnagla, Block Hindaun, District Karauli.

9. Sita Ram Gurjar S/o Bansi Ram Gurjar, Aged About 34 Years, R/o Dhani Khatiyala Village Ramkumarpura, Post Papurana, Tehsil Khetri District Jhunjhunu, At Present Posting Govt Sr Secondary School Meenawali, Block Khetri, District Jhunjhunun.

10. Jitender Kumar Repswal S/o Dayaram Repswal, Aged About 43 Years, R/o Hameerwas (Bajawa), Bishanpura,

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Jhunjhunu (Rajasthan), At Present Posting Mahatma Gandhi Government School, Chanana.

11. Suman Meena D/o Harpal Meena, Aged About 32 Years, R/o Patalo Ki Gali Manpur Manpur Sikrai, Dist Dausa, Raj At Present Posting G.s.s. School Kundera Doongar Sikrai Dausa.

12. Nyojeet Meena S/o Ram Kumar Meena, Aged About 32 Years, R/o Ward No. 24 Meena Ka Mohalla Udaipurwati, Jhunjhunu At Present Posting Gsss Tatera, Block Ajitgarh (Sikar).

13. Ram Khiladi Meena S/o Phaili Ram Meena, Aged About 38 Years, R/o Village Bhaijawadi, Post Chhareda Tehsil Nangal, District Dausa, At Present Posting Gsss Katumber Lalsot, Dausa.

14. Jagdish S/o Shrichand Kansujiya, Aged About 35 Years, R/o Kansujiya Ki Dhani, Post Khinwasar Teh. Udaipurwati District Jhunjhunu. At Present Posting Gsss, Siriyasar Kalan, Jhunjhunu.

15. Mahipal Singh Shekhawat S/o Bajrangh Singh Shekhawat, Aged About 43 Years, R/o V.p.o. Balod Chhoti, Teh. Fatehpur Shekhawati, Dist Sikar. At Govt. Senior Secondary School Dhandhan (213093) Block Fatehpur Shekhawati Dist. Sikar.

16. Naved Masroor Khan S/o Msroor Ahmad Khan, Aged About 46 Years, R/o House No. 4/192, Hamdard Nagar 'b' Jamalpur Koli Aligarh (Up) At Govt. Senior Secondary School Govind Garh Block Pisangan Dist. Ajmer.

17. Manmohan Mehra S/o Dhanna Lal Mehra, Aged About 43 Years, R/o Village Rugghi, Post Gadepan, Teh. Digod, Dist Kota. At Govt. Senior Secondary School Morak Gaon, Block Khairabad, Dist. Kota.

18. Vikas Kumar Sihag S/o Om Prakash, Aged About 37 Years, R/o Goluwala Sihagan Ward No. 7, Tehsil Pilibangan Dist. Hanumangarh, At Present Posting Gsss Gudiya, Block Tibbi, Dist. Hanumangarh.

19. Hathi Ram S/o Hoshiyar Singh, Aged About 47 Years, R/o Vpo Ghaseda, Tehsil Buhana, Dist. Jhunjhunu, At Present Posting Shri Gauri Sahay Ramji Lal Yadav Gsss Thathwari, Dist. Jhunjhunun

----Petitioners Versus

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

2. The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

3. The Joint Director, Secondary Education, Ajmer, District Ajmer, Rajasthan.

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4. The Joint Director, Secondary Education, Kota, District Kota, Rajasthan.

5. The Joint Director, Secondary Education, Churu, District Churu, Rajasthan.

6. The Joint Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

7. The Joint Director, Secondary Education, Bharatpur, District Bharatpur, Rajasthan.

8. The Joint Director, Secondary Education, Jaipur, District Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Tanwar Singh Rathore

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/04/2023

1. Learned counsel for the petitioners submits 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. 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.

2. 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

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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 petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits."

3. 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

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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.

4. Upon consideration of the representation so filed, if respondents

find the case of the petitioners to be covered by the judgment(s)