Rajasthan High Court - Jodhpur

Smt. Kamlesh Sagwariya vs The State Of Rajasthan ... on 17 August, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8464/2023

1. Smt. Kamlesh Sagwariya W/o Rajnikant Sagwariya, Aged About 65 Years, R/o Palace Road, Narsingh Mandir Ke Piche, Banswara (Raj.).

2. Nisha Dubey W/o Virendra Kumar Dubey D/o Shri Brij Narayan Shukl, Aged About 66 Years, R/o 1/52, New Housing Borda, Banswara(Raj.)

3. Indu Nanavaty W/o Shri Dharmendra Nanavaty, Aged About 59 Years, R/o House No. 1 Rati Talai, Banswara (Raj.)

4. Kalpana Joshi W/o Shri Purnshankar Joshi, Aged About 64 Years, R/o Sewak Mohalla, Bagidaura, Banswara (Raj.)

5. Hindbala Pandya W/o Shri Ramchandra Pandya, Aged About 69 Years, R/o Village And Post Kupda, Tehsil And Distt. Banswara (Raj.)

6. Sangeeta Bhatt W/o Shri Haridev Bhatt, Aged About 59 Years, R/o Gayatri Colony, Bagidaura, Banswara (Raj.)

7. Smt. Urmila Veragi W/o Shri Gyandas Veragi, Aged About 63 Years, R/o Post Tambasera, Tehsil Sajjangarh, Distt. Banswara (Raj.)

8. Smt. Mandakani Jha W/o Devishankar Jha, Aged About 59 Years, R/o Nagarvada, Deenbandhu Chouraha, District Banswara.

9. Smt. Reeta Nanavaty W/o Anil Neema, Aged About 68 Years, R/o House No. C-71, Mahi Sarovar Nagar, Near Bsnl Colony, Banswara (Raj.)

10. Smt. Rajkumari Doshi W/o Shri Pankaj Kumar Shah, Aged About 69 Years, R/o Bhojapaliya Palace Road, Khwajaji Ki Khidki, Banswara (Raj.)

11. Smt. Vimla Bamaniya W/o Poonam Chand Bamaniya, Aged About 60 Years, R/o Naya Talab, Post Paraheda, Tehsil Garhi, District Banswara.

12. Smt. Minakshi Vyas W/o Ramprakash Vyas, Aged About 58 Years, R/o Subhash Nagar, Lecturer Colony, District Banswara.

13. Smt. Yashvanta Joshi W/o Rajendra Prasad Joshi, Aged About 60 Years, R/o Banswara, District Banswara.

14. Kaushika Pandya D/o Sashikant Pandya, Aged About 63 Years, R/o Mukam Post Ganoda, District Banswara

15. Santosh Shah W/o Kamal Kant Shah, Aged About 60 Years, R/o 4/116, Rati Talai, Banswara.

16. Smt. Sudarshana Gandhi W/o Ramesh Gandhi, Aged About 62 Years, R/o 24, Gokul Vihar, College Rati Talai Link Road, Banswara.

17. Smt. Bhawana Dviwedi W/o Omprakash Dviwedi, Aged About 60 Years, R/o Mukam Post Talwada, District

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Banswara.

18. Smt. Ratan Prabha Vyas W/o Prakash Chandra Vyas, Aged About 62 Years, R/o Trupati Nagar, District Banswara.

19. Smt. Santosh Mehta W/o Chandrashekhar Jain, Aged About 61 Years, R/o Sanmati Kripa College, D And D Ke Piche, Dahod Road, District Banswara.

20. Smt. Madhuri Tiwari W/o Shri Narsingh Prasad Tiwari, Aged About 68 Years, R/o 2H12, Housing Board Colony, District Banswara.

21. Smt. Shashiprabha Pandya W/o Late Mahendra Prasad Pandya, Aged About 57 Years, R/o 2-P-4, Housing Board Colony, Ghatol, District Banswara.

22. Smt. Vidhyawati Baurana W/o Ram Gopal Parmar, Aged About 66 Years, R/o Mukam Post Peepalkhoot, District Banswara.

23. Suman Verma W/o Vinod Kumar Verma, Aged About 64 Years, R/o 4-A-1, Mahi Sarover Nagar, District Banswara.

24. Prabha Jain D/o Pyarchand Jain, Aged About 65 Years, R/ o Suryanand Jain Mandir Ke Piche, Agarpura (Vinayak Nagar), District Banswara.

25. Smt. Neeta Jain W/o Shri Ashok Kumar, Aged About 58 Years, R/o Mukam Post Ghatol(Opp. Sbi Bank Main Road), District Banswara.

26. Smt. Suman Vyas W/o Ashok Kumar Vyas, Aged About 60 Years, R/o Lecturer Colony, Subhash Nagar College Road, Plot No.37, District Banswara.

27. Smt. Pravina Bhatt W/o Late Dinesh Chandra Pandya, Aged About 66 Years, R/o Shiv Colony, Pratap Circle, Udaipur Road, District Banswara.

28. Smt. Meeta Bhatt W/o Dinesh Chandra Bhatt, Aged About 65 Years, R/o 2/26, Pragati Nagar, College Road, District Banswara.

29. Smt. Usha Mehta W/o Dilip Kumar Mehta, Aged About 62 Years, R/o Chetak Complex, Ganpati Sadan, Dahod Road, District Banswara.

30. Smt. Chanda Sabhar W/o Shri Mahendra Kumar Sabhar, Aged About 57 Years, R/o Oswalwada, Bavanderi, Jain Mandir Ke Pas, District Banswara.

31. Smt. Renuka Upadhyay D/o Vishveshwar Upadhyay, Aged About 60 Years, R/o Om Niwas, Matushri Colony, Sadar Thana Ke Sane, Janamedi, District Banswara.

32. Kokila Trivedi W/o Shri Dinesh Trivedi, Aged About 55 Years, R/o Village And Post Talwara, Banswara District Banswara

33. Prabhavati Dave W/o Balkrishan Dave, Aged About 56 Years, R/o Commercial Area, B-H Lic Office, Banswara District Banswara.

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34. Sushma Shukla W/o Suresh Shukla, Aged About 60 Years, R/o 33, Gokul Galaxy, Opp. Navin Petrolpump, Sharda Nagar, Banswara (Raj.)

35. Shakuntala Trivedi W/o Praveen Trivedi, Aged About 62 Years, R/o House No. 2, Gokul Vihar Society, Wadiya Colony, Banswara

36. Smt. Manjulata Pandya D/o Late Shri Shiv Shankar Pandya, Aged About 60 Years, R/o Village And Post Mota Gaon, Tehsil Galoda, Distt. Banswara

37. Smt. Minakshi Mehta W/o Shri Surendra Kumar Mehta, Aged About 62 Years, R/o Sharda Colony Link Road, Banswara (Raj.)

38. Manjula Trivedi W/o Jitendra Kumar Trivedi, Aged About 59 Years, R/o Ward No-6 Holly Chok Village Saredi Badi Banswara.

39. Manjula Vyas W/o Pravin Chandra Vyas, Aged About 59 Years, R/o V And P Sareri Badri District Banswara.

40. Savitri Seth W/o Late Praveen Chandra, Aged About 60 Years, R/o Shiv Colony Nera Pratap Circle Banswara.

41. Hansa Sharma W/o Naveen Chandra, Aged About 66 Years, R/o Housing Board Banswara.

42. Indira Jani W/o Bharat Bhushan Jani, Aged About 61 Years, R/o Ward No 10 Behind Jain Mandir Brahman Mohalla Khoran Banswara.

43. Smt Hiramani W/o Rajendra Prasad, Aged About 67 Years, R/o Ratitalai Banswara.

44. Smt Koshilya Daroga W/o Magan Singh, Aged About 69 Years, R/o Ward No Tambesara Banswara.

45. Smt Lata Shukla W/o Ramesh Chandra Shukla, Aged About 62 Years, R/o Ward No 6 Brahman Mohalla Badi Saredi Banswara.

46. Smt Bharti Trivedi W/o Vinod Kumar Trivedi, Aged About 60 Years, R/o Behind Jain Mandir Talwara Distt Banswara.

47. Sudha Pandya W/o Dilip Pandya, Aged About 60 Years, R/ o Akshay Nagar Vrindavan Nagar Banswara

48. Smt Saroj Bala Trivedi W/o Shri Natwarlal Trivedi, Aged About 66 Years, R/o Shiv Colony Banswara

49. Smt Vijaylaxmi Trivedi W/o Yogesh Kumar Trivedi, Aged About 64 Years, R/o Surajpole Road, Talwara, Bansawar, Distt. Banswara

50. Smt Nirmal Mehta W/o Shri Pradeep Kumar Mehta, Aged About 64 Years, R/o 35 Mahrnaprtap Colony Link Road Banswara.

51. Veena Pathak W/o Shri Bharatraj Pathak, Aged About 68 Years, R/o Village Dadooka, Banswara, Distt. Banswara (Raj.)

52. Bhanumati Rawal W/o Shri Lalit Kumar, Aged About 58

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Years, R/o Village Dadooka, Banswara, Distt. Banswara (Raj.)

53. Smt. Leelawati Trivedi W/o Vasudev Trivedi, Aged About 69 Years, R/o Mukam Post Talwada, District Banswara.

54. Usha Shah W/o Nagendra Lal Shah, Aged About 63 Years, R/o 23/5, Mohan Colony, Banswara District Banswara.

----Petitioners Versus

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

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

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

4. The District Education Officer, (HQ) Elementary Education, Banswara (Raj.)

5. The Director, Pension and Pensioners Welfare Department, Jyoti Nagar, Jaipur.

                                                                     ----Respondents


For Petitioner(s)              :     Mr. Sunil Kumar Singodiya, through
                                     VC
For Respondent(s)              :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

17/08/2023

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that the

petitioners may be allowed to file a representation to the

respondents for redressal of their grievance in view of the

judgment rendered by this Court at Jaipur Bench in D.B. Civil

Special Appeal (Writ) No.453/2006 (Narain Swarup Sharma Vs.

The State of Rajasthan & Anr.), decided on 16.04.2015, wherein

the Hon'ble Court held as under:-

"12. Para 3 of the Government Order dated 25.01.1992, speaks of counting the service of 9, 18 & 27 years, from the date of first appointment in the existing cadre/service,

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in accordance with the provisions contained in the recruitment Rules. There is no mention of the date of joining. In our view, the first appointment would mean the issuance of the appointment order, and not the joining, as explained by the Additional Advocate General.

13. In the legal parlance, there is a difference between the terms 'appointment' and 'joining'. A person may be appointed, with a date given for joining, or that, he may join, under certain circumstances, on a later date. The date of joining will however, not shift his date of appointment. Even if the pay and allowances are to be paid from the date of joining, the first appointment will be treated to be the date, given in the appointment letter. The clarification issued by the State Government, for counting the period of 9, 18 & 27 years, for the purposes of selection grades, is from the date of first appointment, and not the date, on which the Government servant joins.

14. In view of the above, the Special Appeal is allowed. The judgment of learned Single Judge is set aside. The respondents are directed to count the period of selection grade, for the purposes of 9 years, from the date of the first appointment i.e. 06.02.1996. All the consequential benefits will be given to the petitioner, by counting the date for grant of selection grade, w.e.f. 06.02.1996"

In view of the limited prayer made by the counsel for the

petitioners, the present writ petition is disposed of with liberty to the

petitioners to approach the respondents by way of filing a

representation and the respondents are directed to consider the same in

light of the judgment rendered by this Court in the case of Narain

Swarup Sharma (supra).

It is made clear that 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.

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