Yogesh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 3697 Raj

[2023/RJJD/012445]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5370/2023

1. Yogesh Kumar S/o Ram Kishan, Aged About 44 Years, R/o Amar Singh Ka Bas, Petrol Pump Ka Samane Ward 12 Raisees, Alwar, Rajasthan.

2. Bholu Ram Teli S/o Devi Lal Teli, Aged About 50 Years, R/o Rajpura Road, Near Neelm Garden Nai Mahaveer Colony, Kekri, Ajmer Rajasthan.

3. Charan Singh S/o Ram Kumar, Aged About 42 Years, R/o 245 Vard 08, Mainas, Kumawas, Jhunjhunun. Rajasthan.

4. Devkaran S/o Mathura Lal, Aged About 44 Years, R/o 148 Deeppura, Baniyani, Kota Rajasthan.

5. Dwarka Prasad Shorotiya S/o Ladulal, Aged About 30 Years, R/o 508, Balaji Chauraha, Shakar Garh, Shakkargarh, Bhilwara Rajasthan.

6. Naresh Kumar Goswami S/o Bhanwar Lal Bharti, Aged About 45 Years, R/o Panchayat Ka Samne, Chandsen, Chand Sen , Tonk Rajasthan.

7. Satyanarayan Sharma S/o Ramawatar Sharma, Aged About 32 Years, R/o Gogorian Ki Dhani, Cheethwari, Jaipur, Rajasthan.

8. Mohan Lal Mehar S/o Kishan Lal Mehar, Aged About 50 Years, R/o Ward 06, Deoli Kalan, Ramganj Mandi, Kota Rajasthan.

9. Bhagwan Dass Saini S/o Devi Singh Saini, Aged About 50 Years, R/o Bhooda Gate Deeg, Bharatpur Rajasthan.

10. Dayachand S/o Birbal Ram, Aged About 42 Years, R/o Bhadarwas, Jhunjhunu, Mandawa Rajasthan.

11. Devi Datt Pareek S/o Hanuman Prasad Pareek, Aged About 45 Years, R/o 29 Dwd, Hanumangarh, Dhannasar Rajasthan.

12. Gopal Chamar S/o Mohan Lal Chamar, Aged About 42 Years, R/o Ward 08 Phooliya Khurd, Bhilwara. Rajasthan.

13. Harbir Singh Jat S/o Gyasi Ram Jat, Aged About 54 Years, R/o 34 Ward 07, Naglamai, Bharatpur, Rajasthan.

14. Heera Lal Gaur S/o Jamana Lal Gaur, Aged About 50 Years, R/o Nearpost Office, Ward 11, Bhanooja, Chittorgarh, Rajasthan.

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15. Hoshiyar Singh S/o Thanduram, Aged About 45 Years, R/o T-Rajgarh, Bairasar Manjhla, Vtc Jaitpura, Po Jailputa, Sub District Rajgarh, District Churu, Rajasthan.

16. Indraraj Meena S/o Brajlal Meena, Aged About 43 Years, R/o 394 Nai Basti, Batoda, Bamanwas, Batoda, Sawai Madhopur, Rajasthan.

17. Indar Singh Barath S/o Shambhu Dan, Aged About 45 Years, R/o 16 Charno Ka Mohalla, Ward No 1, Khudiya Churu, Rajasthan.

18. Jeewan Ram S/o Chothu Ram, Aged About 48 Years, R/o Legski Dhani, Toshina, Nagaur, Didwana, Rajasthan.

19. Kailash Chand Gujar S/o Champa Lal Gujar, Aged About 43 Years, R/o Gujar Mohalla Ward-05, Bari, Chittogarh, Bari, Rajasthan.

20. Kamlesh Verma S/o Biram Dev Verma, Aged About 48 Years, R/o 16 India Colony, Tehsil Jahajpur, Ward -01, Uncha, Bhilwara, Rajasthan.

21. Keshar Mal Nain S/o Ladu Ram Nain, Aged About 54 Years, R/o Udasar Bidawatan, Churu, Rajasthan.

22. Kushal Chandra Sharma S/o Shankar Lal Sharma, Aged About 33 Years, R/o Kanhiya Lal Kue Ke Pass, 257, Pratibha Nagar, Ward N 36, Churu, Rajasthan.

23. Ladu Ram Gurjar S/o Bhag Chand Gurjar, Aged About 44 Years, R/o Bhat Kheri, Ward-01, Mushi, Bhilwara Upreda, Rajasthan.

24. Lala Ram Sharma S/o Hanuman Sahay Sharma, Aged About 44 Years, R/o Pokharsa Ka Bas, Sirsali, Sirsali, Jaipur, Rajasthan.

25. Mahaveer Meena S/o Prabhu Lal Meena, Aged About 42 Years, R/o Vpo Mayaja, Tehsil Keshorai Patan, Bundi, Baleetha, Bundi, Rajasthan.

26. Mahandar Singh Kataria S/o Man Singh Kataria, Aged About 47 Years, R/o Bhainsawara Khurd, Buhana Jhunjhunun, Rajasthan.

27. Mukesh Kumar Saini S/o Kanhaiya Lal Saini, Aged About 44 Years, R/o Pushp Koloni, Jhankar Hotal Ka Pass Delhi Road, Alwar. Rajasthan.

28. Naresh Kumar Pareek S/o Sajjan Kumar Pareek, Aged

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About 38 Years, R/o Ward No 19, Vpo Lalgarh Jattan, Sadulshahar, Lalgarh Barani1, Ganganagar, Rajasthan.

29. Nathu Lal Yadav S/o Sunda Ram Yadav, Aged About 54 Years, R/o 10, Prtappura Khurd, Pratappur Kalan, Jaipur, Rajasthan.

30. Om Prakash Sharma S/o Hanuman Sahay Sharma, Aged About 36 Years, R/o Pokharsa Ka Bas, Sirsali, Sirsali, Jaipur, Rajasthan.

31. Poonma Ram S/o Andaram, Aged About 46 Years, R/o Ward No 3 Dandali, Barmer, Gudhamalani, Rajasthan.

32. Rakesh Kumar Darji S/o Shyam Lal Darji, Aged About 32 Years, R/o Ward No 8, Sunaro Ka Mohalla, Khathushyamji, Khatoo, Sikar Rajasthan.

33. Ravi Prakash Vyas S/o Manoj Kumar Vyas, Aged About 35 Years, R/o 66 Vyas Mohalla, Thonsri, Alwar Rajasthan.

34. Sardul Singh S/o Hanuman Singh, Aged About 44 Years, R/o Kutubpura, Badangarh, Jhunjhunun, Rajasthan.

35. Seema Gandharva W/o Puran Mal Dholi, Aged About 48 Years, R/o Palakheri, Chittorgarh, Rajasthan.

36. Shrawan Kumar Jat S/o Meva Ram Jat, Aged About 48 Years, R/o Vard No 9, Dhani Echro Ki, Banathala Sikar, Danta Ramgarh, Rajasthan.

37. Shiv Kumar Meena S/o Munna Lal Meena, Aged About 52 Years, R/o Nada Ki Dhani, Bhavpura, Bainara, Jaipur, Rajasthan.

38. Subhash Chandra S/o Bal Krishan Sharma, Aged About 42 Years, R/o Pratap Chouk, Ward No 03, Rajgarh, Sadulpur, Rajgarh, Churu, Rajasthan.

39. Sunil Kumar Gupta S/o Hanuman Prasad Gupta, Aged About 35 Years, R/o 104 Main Road Bilona Kalan, Dausa Rajasthan.

40. Sunita Kumari W/o Hoshiyar Singh, Aged About 43 Years, R/o T-Rajgarh Bairasar Manjhla Jaitpura, Jaitputa, Rajgarh Churu, Rajasthan.

41. Suresh Chand Mahawar S/o Kalyan Lal, Aged About 46 Years, R/o O Ward No 05, Shivaji Nagar Itawa, Kota Rajasthan.

42. Veena Bchamadiya W/o Poonam Singh, Aged About 45

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Years, R/o Anand Vihar Colony Hindaun, Karauli, Rajasthan.

43. Vijendra Singh S/o Faguni Ram, Aged About 50 Years, R/o Ward 05, Peepla, Bharatpur Rajasthan.

44. Virendra Singh S/o Shivcharan Singh, Aged About 48 Years, R/o Ward No O4 Bagda, Talphara, Bharatpur, Rajasthan.

45. Gyan Singh Pahadiya S/o Dulli Chand Pahadiya, Aged About 48 Years, R/o 140, Khatik Para, Ward No 27, Gangapur,sawai Madhopur . Rajasthan.

46. Vikash Kumar Sharma S/o Ram Gopal Sharma, Aged About 32 Years, R/o A-01, Vinayak Colony Ward N 06, Surendra Nursing Home Ke Piche, Shahpura, Jaipur, Rajasthan.

47. Sampat Lal Dhaker S/o Kashiram Dhaker, Aged About 49 Years, R/o Nai Abadi, Ward-07, Amarpura, Chittorgarh, Kherpura, Rajasthan.

48. Sunita Kumari D/o Jaiypal Gil, Aged About 38 Years, R/o Indali, Jhunjhunun, Rajasthan.

49. Rajendra Prasad S/o Kalua Ram, Aged About 53 Years, R/o Tanda, Bharatpur. Rajasthan.

50. Tejpal Singh S/o Devi Singh, Aged About 40 Years, R/o Tah Neem Ka Thana, Raipur Patan, Raipur Sikar, Rajasthan.

51. Laxmikant Bhardwaj S/o Ramkisor, Aged About 41 Years, R/o Mundiya, Thsil Todabhim, Karauli, Rajasthan.

52. Ghanshyam Lal Sharma S/o Radheshyam Sharma, Aged About 47 Years, R/o Handon, Ki Morwan, Neemri, Chittorgarh, Jawada, Rajasthan.

53. Banshi Lal Meena S/o Nandkishor Meena, Aged About 32 Years, R/o Kesarpura, Teekar, Bhilwara, Rajasthan.

54. Premraj Meena S/o Ram Sahay Meena, Aged About 38 Years, R/o 10 Gudly Ward 08, Bagor, Karauli, Rajasthan.

55. Radhe Shyam Meena S/o Sheoji Lal Meena, Aged About 44 Years, R/o 102, Meeno Ka Mohalla, Borada, Chhhawani, Bundi, Rajasthan.

56. Kanhaiya Lal Meena S/o Shiv Lal Meena, Aged About 45 Years, R/o Jalsagar, Chittorgarh, Rajasthan.

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57. Laxmi Lal Meghwal S/o Bheru Lal Meghwal, Aged About 50 Years, R/o Ganesh Nagar, Ward No 2, Salera Kalan, Udaipur, Rajasthan.

58. Kamla Kumari W/o Sher Singh, Aged About 51 Years, R/o Kailash Nagar, Shiv Singh Pura, Sikar Rajasthan.

59. Banwari Lal S/o Kalicharan, Aged About 35 Years, R/o Inchchhapura Ward-07, Shahpura, Dholpur, Rajasthan.

60. Goverdhan Saini S/o Nenhu Ram Saini, Aged About 30 Years, R/o Bas Vali Dhani, Ramgarh Pachwara, Dausa, 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.

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.

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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

27/04/2023

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

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

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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

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.

(VINIT KUMAR MATHUR),J 132-DArora/-

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