Ratan Lal Suthar vs State Of Rajasthan ...
2023 Latest Caselaw 2907 Raj

[2023/RJJD/009572]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13800/2022

Ratan Lal Suthar S/o Shri Devi Lal Ji, Aged About 62 Years, R/o - Mata Ji Ka Kheda, Tehsil - Shahpura, District - Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur. (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer, (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer, (Elementary), Bhilwara (Rajasthan).

----Respondents Connected With S.B. Civil Writ Petition No. 13802/2022 Krishna Gopal Sharma S/o Shri Ramdutt Sharma, Aged About 63 Years, Resident Of - Village - Kanechhan Kalan, Tehsil - Phuliyakala, District - Bhilwara (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur. (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer, (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer, (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 13875/2022 Ladu Lal Dhakad S/o Shri Ramdhan Dhakad, Aged About 57 Years, R/o Outside Kalinjari Gate, Krishi Mandi Road, Dhakad Mohalla, Shahpura, District Bhilwara (Raj.).

----Petitioner

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Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Raj.).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 13877/2022 Mahaveer Prasad Sharma S/o Shri Gokal Ram Sharma, Aged About 65 Years, R/o Village Kanechhan Kalan, Tehsil Phuliyakala, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 13886/2022 Ishaq Mohammad S/o Ajiz Mohd. Rangrej, Aged About 62 Years, Near Charbhuja Temple, Shahpura, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

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5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 13888/2022 Ramniwas Lohar S/o Shri Rampal Ji Lohar, Aged About 57 Years, Village Raghunathpura, Post Mindoliya, Tehsil Shahpura, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 13890/2022 Bheru Lal S/o Shri Kalyandas Vaishnav, Aged About 61 Years, Near Chhipon Ka Temple, Villgae / Post Pur, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 13892/2022 Mahendra Singh S/o Shri Jai Singh Chouhan, Aged About 61 Years, 10-1-35, New Patel Nagar, Behind Garg Departmental

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Store, Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 13894/2022 Chhotu Lal S/o Shri Sohan Lal Upadhyay, Aged About 65 Years, Brahmpuri, Near Bus Stand, Pur, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 13908/2022 Vishnu Prakash Sharma S/o Shri Bhanwar Lal Sharma, Aged About 58 Years, R/o 5/28, Near Pnt Colony, Bapu Nagar, Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

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3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 13909/2022 Smt. Nand Kanwar W/o Late Shri Jamna Lal Verma, Aged About 61 Years, R/o Harniya Mahadev Road, Shastri Nagar, Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 15171/2022 Shivnarayan Sharma S/o Shri Kaluram Sharma, Aged About 55 Years, R/o Panchkheda, Tehsil Shahpura, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan)

2. The Director, Secondary Education, Bikaner (Rajasthan)

3. The Director, Elementary Education, Bikaner (Rajasthan)

4. The District Education Officer (Secondary), Bhilwara (Rajasthan)

5. The District Education Officer (Elementary), Bhilwara (Rajasthan)

----Respondents

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S.B. Civil Writ Petition No. 15227/2022 Ugam Lal Kharol S/o Shri Goru Ji Kharol, Aged About 63 Years, R/o Gayatri Nagar, Malwara Road, Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer, (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer, (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 15245/2022 Radhakishan Vaishnav S/o Shri Kanhaiya Lal, Aged About 67 Years, R/o Village Arniya Ghoda, Tehsil Shahpura, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 15472/2022 Mohan Lal Regar S/o Shri Jairam Regar, Aged About 58 Years, R/o Vpo Hameergarh, Tehsil Hameergarh, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary,

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Department Of Education, Secretariat, Jaipur (Rajasthan)

2. The Director, Secondary Education, Bikaner (Rajasthan)

3. The Director, Elementary Education, Bikaner (Rajasthan)

4. The District Education Officer (Secondary), Bhilwara (Rajasthan)

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 15576/2022 Bhanwar Lal Sharma S/o Shri Ramchandra Sharma, Aged About 60 Years, R/o Langaron Ka Kheda, Post Dhuwala, Tehsil Mandal, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan)

2. The Director, Secondary Education, Bikaner (Rajasthan)

3. The Director, Elementary Education, Bikaner (Rajasthan)

4. The District Education Officer (Secondary), Bhilwara (Rajasthan)

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 15718/2022 Rameshchandra Sharma S/o Shri Mishri Lal Sharma, Aged About 57 Years, R/o Ropa, Tehsil Jahazpur, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

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----Respondents S.B. Civil Writ Petition No. 15892/2022 Gopal Lal Chamar S/o Shri Bhajju Ji, Aged About 55 Years, R/o Village Kanechhan Kalan, Tehsil Phuliyakala, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 15957/2022 Govindram Sen S/o Shri Laduram Sen, Aged About 59 Years, Village Kanechhan Kalan, Tehsil Phuliyakala, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17068/2022 Shankar Lal Joshi S/o Shri Mohan Lal Joshi, Aged About 61 Years, Neem Ka Kheda, Tehsil Mandal, District Bhilwara (Raj.).

----Petitioner Versus

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1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17078/2022 Ram Gopal S/o Shri Jagguji Balai, Aged About 49 Years, R/o- Laxmipura, Village/post Malola, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementgary Education, Bikaner (Rajasthan).

4. The District Education Officer, (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer, (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17148/2022 Smt. Rampyari Devi W/o Late Sh. Harakchand Sharma, Aged About 69 Years, Bishaniya, Teshil Kotdi, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara

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(Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17162/2022 Laxman Das S/o Shri Shrawan Das Vaishnav, Aged About 67 Years, R/o Raghuraj Pura, Tehsil Shahpura, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementgary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17165/2022 Shrawan Lal Kharol S/o Shri Sundaji Kharol, Aged About 58 Years, R/o Nai Arwad, Tehsil Phuliyakala, District Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementgary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17214/2022 Ajiz Khan Pathan S/o Shri Ismail Khan Pathan, Aged About 70 Years, R/o- Vpo - Mandal, Near Gopalwara School, Tehsil -

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Mandal, District - Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur, (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17218/2022 Chandresh Sharma S/o Shri Shambhu Prasad, Aged About 58 Years, R/o- Near Najar Ka Bhata, Behind Mahal, Vpo- Shahpura, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Secondary Education Officer, Bhilwara (Rajasthan).

5. The District Elementary Education Officer, Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17508/2022 Pyarchand Sen S/o Shri Bheru Lal Sen, Aged About 61 Years, R/o F-137, Pur Extension, Subhash Nagar, Bhilwara (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

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3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17770/2022 Devi Lal S/o Shri Ramsukh Dhakad, Aged About 58 Years, R/o- Outside Kalendri Gate, Dhakad Mohalla, Krishi Mandi Road, Shahpura, District - Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur, (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer, (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer, (Elementary), Bhilwara (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 17855/2022 Prabhat Giri S/o Shri Phool Giri, Aged About 66 Years, Vpo Lasadiya, Tehsil Shahpura, Via - Pander, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Secondary Education, Bikaner (Rajasthan).

3. The Director, Elementary Education, Bikaner (Rajasthan).

4. The District Education Officer (Secondary), Bhilwara (Rajasthan).

5. The District Education Officer (Elementary), Bhilwara (Rajasthan).

----Respondents

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S.B. Civil Writ Petition No. 4519/2023 Babu Lal Bunkar S/o Shri Shankar Das Bunkar, Aged about 68 years, R/o Adarsh Colony, Ward No.34, Shahpura, District Bhilwara (Raj.); date of initial appointment 10.11.1984 as peon.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Rajasthan).

2. Director, Secondary Education, Education Department, Government of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government of Rajasthan, Bikaner (Raj.)

4. District Education Officer (Secondary), Jaipur (Raj.).

5. District Education Officer (Elementary), Jaipur (Raj.).

6. Joint Director, Pension and Pensioner Department, Government of Rajasthan, Jaipur (Raj.).

----Respondents S.B. Civil Writ Petition No.4331/2023 Sita Devi Vaishnav (wife of deceased Govt. employee) W/o Late Mahaveer Prasad, Aged about 62 years, Resident of VPO Sarsiya, Tehsil Jahajpur, District Bhilwara (Raj.); date of initial appointment of deceased employee is 25.01.1977 as peon.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government of Rajasthan, Bikaner (Raj.)

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension and Pensioner Department, Government of Rajasthan, Ajmer (Raj.).

----Respondents

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S.B. Civil Writ Petition No.4453/2023

Jai Prakash Jain S/o Shri Ganpat Lalji Jain, Aged about 63 years, R/o VPO Ropan, Tehsil Jahajpur, District Bhilwara (Raj.); date of initial appointment 16.08.1984 as peon.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Rajasthan).

2. Director, Secondary Education, Education Department, Government of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government of Rajasthan, Bikaner (Raj.)

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension and Pensioner Department, Government of Rajasthan, Ajmer (Raj.).

----Respondents

For Petitioner(s) : Mr. M.S. Godara Mr. Sudhir Saruparia Mr. Jayant Mahecha Mr. V.R. Choudhary For Respondent(s) : Mr. Hemant Choudhary, G.C.

Mr. Vishal Jangid, A.G.C.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/04/2023

Heard learned counsel for the parties.

Learned counsel for the parties are in agreement that the

controversy involved in the present cases is squarely covered by a

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judgment of this Court rendered in a bunch of writ petitions led by

S.B. Civil Writ Petition No.3629/2018 "Jai Prakash Vs.

State of Rajasthan & Ors." and other connected matters

decided on 22.03.2022.

For the self same reasons, the present writ petitions are

disposed of in terms of the order passed by this Court in the case

Jai Prakash (supra).

(VINIT KUMAR MATHUR),J 31-59, 84 (11.04), 158 & 171/Vivek/-

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