Rajasthan High Court - Jodhpur
Vijendra Kumar vs State Of Rajasthan on 12 April, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/009700]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4693/2023
1. Vijendra Kumar S/o Sultan Singh, Aged About 34 Years,
R/o 603, Dhani Lamaban Vpo Pritampuri Tehsil Neem Ka
Thana, District Sikar, Rajasthan.
2. Sarita Kumari D/o Ram Singh, Aged About 54 Years, R/o
Ward No.20 Guda Mode, Near Veterinary Hospital Road
No.3 Jhunjhunu, Rajasthan.
3. Bhagwati Dhaka D/o Bhana Ram Dhaka, Aged About 38
Years, R/o Village Sigdola Bada Post Ghana Via Patoda,
District Sikar, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan, Through Principal Secretary,
Department of Education, Govt. Secretariat, Jaipur,
Rajasthan.
2. The Director (Secondary Education), Bikaner, Rajasthan
----Respondents
For Petitioner(s) : Mr. Ramkishor Suthar for
Sandeep Kalwaniya
For Respondent(s) : Mr. Hemant Choudhary, GC
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
12/04/2023
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
[2023/RJJD/009700] (2 of 3) [CW-4693/2023]
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 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 byway 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.
[2023/RJJD/009700] (3 of 3) [CW-4693/2023]
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, along
with 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
petitioner would be entitled to the relief.
(VINIT KUMAR MATHUR),J
118-Shahenshah/11.04/-
Powered by TCPDF (www.tcpdf.org)
