Devendra Kumar Sharma vs State Of Rajasthan ...
2023 Latest Caselaw 3542 Raj

[2023/RJJD/011960]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5366/2023

1. Devendra Kumar Sharma S/o Puran Chand Sharma, Aged About 38 Years, R/o 324, Masalapur Gate Outside, Bhoot Ka Bandh, Karauli, Rajasthan.

2. Prahlad Singh S/o Amar Singh, Aged About 48 Years, R/o Maharajsar, District Bharatpur, Rajasthan.

3. Harimohan Meena S/o Thandee Ram Meena, Aged About 48 Years, R/o Ward No 07, Shriphal Ka Pura, Mahaswa, Karauli, Rajasthan.

4. Ranjeet Meena S/o Modu Lal Meena, Aged About 42 Years, R/o Gordhanpura, Bundi, Matunda, Rajasthan.

5. Ram Swaroop Maurya S/o Sunda Ram Maurya, Aged About 44 Years, R/o Ward No 17, Parasrampura, Jhunjhunu, Nawalgarh. Rajasthan

6. Vishvendra Singh S/o Navab Singh, Aged About 35 Years, R/o 173, Chouhan Mohalla, Jhakra, Jhankra, Alwar Rajasthan.

7. Vikram Singh S/o Chain Singh, Aged About 32 Years, R/o Rajput Mohlla, Chosla, Chosala Nagaur, Nawa Rajasthan.

8. Deepak Gupta S/o Jagdish Prasad Gupta, Aged About 34 Years, R/o Ward 04, Teacher Colony, Kapren, Bundi Rajasthan.

9. Satendra Singh S/o Prem Singh, Aged About 36 Years, R/o Dhaur, Bharatpur Rajasthan.

10. Suresh Kumar Sharma S/o Shyam Sunder Sharma, Aged About 40 Years, R/o Near R.s.e.b. Jamadar Mohalla City, Sawai Madhopur Town, Rajasthan.

11. Yogesh Kumar S/o Maharaj Singh, Aged About 33 Years, R/o 278 Rod Kalan, Karauli Rajasthan.

12. Atul Choudhary S/o Ajit Singh, Aged About 40 Years, R/o House No 7/196 Rajasthan Housing Board Colony Hanumangarh Jn. Rajasthan.

13. Kailash Chandra Ameta S/o Shambu Lal, Aged About 42 Years, R/o Pipali Ka Pas Gadoli, Gadoli, Udaipur, Rajasthan.

14. Sanjana Banarwal W/o Pradeep Banarwal, Aged About 34 Years, R/o Raigaro Ka Mohalla, Bagawas, Jaipur,

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Rajasthan.

15. Pradeep Banarwal S/o Shrikrishana, Aged About 34 Years, R/o Raigaro Ka Mohalla, Bagawas, Jaipur, Rajasthan.

16. Krishan Kumar Sharma S/o Beni Prasad Sharma, Aged About 54 Years, R/o Chikna Reash Karauli Rajasthan.

17. Sushma Choudhary W/o Ram Pal Choudhary, Aged About 49 Years, R/o Happy Dej School Ke Samne, Azad Nagar, Bhilawara, Rajasthan.

18. Aruna Sharma W/o Sanjay Kumar Sharma, Aged About 44 Years, R/o 118, Bhaiya, Gheekaka, Alwar, Pur. Rajasthan.

19. Shrimohan Meena S/o Nanagram Meena, Aged About 53 Years, R/o 57, Chandanholi Po Chandanholi, Sawai Madhopur, Rajasthan.

20. Lokesh Menaria S/o Salag Ram Menaria, Aged About 37 Years, R/o 2-J-43 Gayatri Nagar, Hiran Magri Sector 5, Udaipur, Rajasthan.

21. Geeta Devi W/o Rajveer Singh, Aged About 44 Years, R/o Desusar, Jhunjhunu, Rajasthan.

22. Jagdish Singh S/o Mal Singh Shekhavat, Aged About 55 Years, R/o Kanji Ki Kothari, Chanwara, Jhunjhunu. Rajasthan.

23. Vikram Singh S/o Ramavtar Singh, Aged About 40 Years, R/o Ranasar, Jhunjhunu Rajasthan.

24. Sangita Khichad D/o Chhitar Mal Khichad, Aged About 27 Years, R/o Chomu Ward No 6, Khichar Ki Dhani. Kishanpura, Jaipur. Rajasthan.

25. Ramkesh Meena S/o Handu Ram Meena, Aged About 32 Years, R/o Hazari Ka Pura, Post- Panchauli, Teh-Mandrail, Karauli

26. Kamalesh Kumar Meena S/o Laddu Ram Meena, Aged About 35 Years, R/o Gaon-Tikhuti, Sapotra, Karauli. Rajasthan.

27. Shweta Jatav W/o Sandeep Sonwal, Aged About 39 Years, R/o 39, Meena Coloney, Imliwala Phatak, Jaipur, Rajasthan.

28. Ramawtar Jatav S/o Kallam Ram Jatav, Aged About 40 Years, R/o Samoochi, Alwar, Rajasthan.

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29. Nitin Shukla S/o Bhagwan Sahay Sharma, Aged About 31 Years, R/o Katar, Katkad, Karauli, Rajasthan.

30. Ramesh Krishan S/o Puranram, Aged About 42 Years, R/o Harijan Mohalla, Deeplanabaranj, Deeplana, Teh. Nohar Hanumangarh, Rajasthan.

31. Bhawani Singh S/o Rup Singh, Aged About 40 Years, R/o Saniya, Khunkhuna, Nagaur, Rajasthan.

32. Hem Singh Gurjar S/o Surajmal Gurjar, Aged About 34 Years, R/o 48 Pandit Mohalla, Dehri, Sawai Madhopur, Piplai, Rajasthan.

33. Lalit Kumar S/o Shri Kesha Ram, Aged About 44 Years, R/o H No 7/16 Ward No 7 Patel Nagar, Bikaner Rajasthan.

34. Rekha Gurjer W/o Gangaram, Aged About 30 Years, R/o Khoontpuri, Tehsil Kaman, Bharatpur, Rajasthan.

35. Dwarika Prasad Meena S/o Hari Bhajan Lal Meena, Aged About 47 Years, R/o 24 Ward No 02, Kankari, Post Nakshonda, Tehsi Bari, Kankari, Dholpur, Naksoda Rajasthan.

36. Urmila Devi W/o Nathu Singh Bhaskar, Aged About 43 Years, R/o Ward No 1 Bas Bajawa Khol, Bajawa (Rawat Ka), Baragaon, Jhunjhunun. Rajasthan.

37. Ram Kuwar Gurjar S/o Jhuntha Ram, Aged About 42 Years, R/o Dhani- Karoda, Agawadi, Agawari, Tehsil- Neem Ka Thana Sikar. Rajasthan.

38. Jagdish Prasad Meena S/o Har Sahai Meena, Aged About 50 Years, R/o Baddagyan Ki Dhani Gullana, Dausa. Rajasthan.

39. Kaluram Meena S/o Sedooram Meena, Aged About 54 Years, R/o Dhahariya, Dahana, Karauli. Rajasthan.

40. Kamlesh Meena S/o Ramjilal Meena, Aged About 35 Years, R/o Meena Seemala, Udaipura Udaipura, Dausa. Rajasthan.

41. Girdhar Singh S/o Bhagwan Singh, Aged About 32 Years, R/o Aghapur, Bharatpur. Rajasthan.

42. Udai Singh Meena S/o Amar Singh Meena, Aged About 35 Years, R/o Bhawali , Karauli. Rajasthan.

43. Shiv Charan Gurjar S/o Om Prakash Gurjar, Aged About 29 Years, R/o Kathmana, Tonk Rajasthan.

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44. Anil Kumar S/o Satyanaryan, Aged About 33 Years, R/o Jasrapur, Jhunjhunun, Rajasthan.

45. Siyaram Sharma S/o Ram Swaroop Sharma, Aged About 31 Years, R/o Jabad, Th. Phagi, Jabad Jaipur, Gohandi, Rajasthan.

46. Hanuman Yadav S/o Bhairu Lal Yadav, Aged About 37 Years, R/o Shakurpura Kacholiya, Sonwa, Tonk Rajasthan.

47. Pushpendra Singh S/o Amar Singh, Aged About 31 Years, R/o Dhau Payasa, Atal Bandgate, Bharatpur, Rajasthan.

48. Hari Prasad Gurjar S/o Kanaram Gurjer, Aged About 39 Years, R/o Dhani Chobala, Mandha, Jaipur, Rajasthan.

49. Maina Yadav W/o Kunjbihari, Aged About 32 Years, R/o Shakurpuraa, Kacholiya, Tonk, Rajasthan.

50. Kamlesh Kumari Meena W/o Banwari Lal, Aged About 37 Years, R/o 40Tudupura, Jagjiwanpur, Bharatpur, Rajasthan.

51. Shanta Kumari Teli D/o Sohan Lal Teli, Aged About 31 Years, R/o Teli Mohalla, Ullai, Bhilwara, Rajasthan.

52. Anuradha Meena W/o Durgalal Meena, Aged About 32 Years, R/o 51, Meena Ka Mohalla, Bajoli, Baloonda, Balunda, Tonk, Rajasthan.

53. Dimple Singh D/o Bheem Singh, Aged About 30 Years, R/o 51 Behind Deepshikha, Near M.s.j.college, Aniruddh Nagar, Bharatpur Rajasthan.

54. Manju Devi W/o Anil Prakash, Aged About 48 Years, R/o Ward -38, Raigar Basti, Churu, Rajasthan.

55. Ranee W/o Amrpal Nimesh, Aged About 26 Years, R/o Khohri, Bharatpur, Rajasthan.

56. Chandra Prakash Parashar S/o Ramesh Chandra Parashar, Aged About 34 Years, R/o Peechupara Kalan, Peechupara Kalan Dausa, Rajasthan.

57. Banwari Lal Nayak S/o Chaturbhuj Nayak, Aged About 50 Years, R/o Bamla District Baran, Rajasthan.

58. Rajesh Meena S/o Ram Swaroop Meena, Aged About 40 Years, R/o E-10 Krishna Vihar, Thakur Ji Ka Mandir, Meenawala, Panchyawala, Jaipur, Rajasthan.

59. Ramawtar Malhotra S/o Poona Ram Malhotra, Aged About 27 Years, R/o Rehadiya, Chandera, Dausa, Rajasthan.

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60. Anita Saini W/o Naresh Kumar, Aged About 38 Years, R/o Gothara Lamba, Tehsil Chirawa, Gothra Lamba, Jhunjhunu, Rajasthan.

61. Sushila Devi W/o Bhanwar Lal, Aged About 28 Years, R/o Rajpur, Sikar, Rajasthan.

62. Poonam Mittal D/o Mukut Bihari Mittal, Aged About 33 Years, R/o Station Road, In Front Of Shiv Ganj Mandi, Bayana, Bharatpur, Rajasthan.

63. Satyadev S/o Birlaghanshyam Gupta, Aged About 37 Years, R/o Manik Chauk Uchain, Bharatpur, Rajasthan.

64. Rakesh Shanel S/o Hanuman Prasad, Aged About 42 Years, R/o Gayatri Sadan, Anand Nagar, Shiv Mandir Cinema Ke Piche, Sikar, Rajasthan.

65. Dhara Singh Meena S/o Ramprasad Meena, Aged About 33 Years, R/o Village Lhauwa Ka Pura, Pancholi, Karauli, Rajasthan.

66. Ratan Lal Meghwal S/o Daya Ramji Meghwal, Aged About 54 Years, R/o 35 Chittor Grha, Arniya Joshi, Chittorgarh, Rajasthan.

----Petitioners Versus

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

2. Director, Elementary Education Department, Bikaner, Rajasthan.

3. Director, Secondary Education Department, Bikaner, Rajasthan.

4. Joint Director, Secondary Education Department, Udaipur Division, Udaipur Rajasthan.

5. Joint Director, School Education Department, Udaipur Division, Udaipur Rajasthan.

6. District Education Officer, Elementary Education Department, Udaipur, Rajasthan.

7. District Education Officer, Secondary Education Department, Udaipur, Rajasthan.

8. District Education Officer, Elementary Education Department, Pratapgarh, Rajasthan.

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9. District Education Officer, Secondary Education Department, Pratapgarh, Rajasthan.

10. District Education Officer, Elementary Education Department, Rajsamand, Rajasthan.

11. District Education Officer, Secondary Education Department, Rajsamand, Rajasthan.

12. District Education Officer, Elementary Education Department, Banswara, Rajasthan.

13. District Education Officer, Secondary Education Department, Banswara, Rajasthan

14. District Education Officer, Elementary Education Department, Dungarpur, Rajasthan.

15. District Education Officer, Secondary Education Department, Dungarpur, Rajasthan.

16. District Education Officer, Elementary Education Department, Sirohi, Rajasthan.

17. District Education Officer, Secondary Education Department, Sirohi, Rajasthan.

18. District Education Officer, Elementary Education Department, Pali, Rajasthan.

19. District Education Officer, Secondary Education Department, Pali, Rajasthan.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Vikram Singh Bhati
For Respondent(s)          :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

25/04/2023

The counsel for the petitioners submits that the controversy

involved in the present case is squarely covered by a judgment of

this court passed in a batch of writ petitions led by S.B.Civil Writ

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Petition No.981/2022 (Chet Ram Meena V/s State of Rajasthan &

Ors.) on 02.02.2023 in the following terms:

"1. Petitioners in all these petitions have approached this court with a common grievance that in spite of the fact that the petitioners do not hail from TSP area, they have been posted at places which were either in a TSP area or have been included in TSP area by virtue of the notification issued from time to time by the President of India in this regard.

2. It is argued that petitioners have been retained in TSP area regardless of an earlier decision that was taken by the competent authority, to shuffle them out of TSP area in furtherance of concern expressed by the Department of Personnel.

3. Mr. Pankaj Sharma, learned Additional Advocate General places before the court Minutes of a Meeting dated 06.01.2023 drawn by a high level Committee constituted by the State Government and points out that in light of the such decision, all the petitioners would be moved to Non- TSP area in phased manner.

4. A photocopy of the Minutes of the Meeting which has been produced by Mr. Sharma, learned AAG, is taken on record.

5. All these petitions are disposed of in light of the above referred decision of the State Government in the meeting held on 06.01.2023.

6. State shall ensure that the decision taken qua these petitioners is given effect to as early as possible preferably within a period of six months from today.

7. Needless to observe that since the petitioners will be moved out of their respective districts on account of the decision of the State Government (and not at their own request) they shall not lose their seniority and they will not be placed in bottom of the seniority list, which is so done in case a candidate opts for to it on his own accord.

8. The stay application (s) also stands disposed of accordingly".

The counsel for the petitioners submits that the present writ

petition may also be disposed of in the same terms.

In view of the submission made, the present writ petition is

also disposed of in terms of the order dated 02.02.2023 passed by

this court in the case of Chet Ram Meena (Supra).

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

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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 100-DArora/-

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