Rajasthan High Court - Jodhpur

Onkar Lal Sharma vs State Of Rajasthan ... on 19 August, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9989/2023

1. Onkar Lal Sharma S/o Shanker Lal Sharma, Aged About 59 Years, R/o Vpo Akya, Tehsil Bhadesar, District Chittorgarh. At Present Posted At Govt. Primary School Bhilon Ka Kheda, Block Bhadesar, District Chittorgarh (Raj.).

2. Narayan Lal Kumhar S/o Hamer Lal Kumhar, Aged About 50 Years, R/o Vpo Karavali, Tehsil Salumber, District Udaipur. At Present Posted At Govt. Girls Upper Primary School Karavali, Block Salumber, District Udaipur (Raj.).

3. Jyoti Sharma W/o Lalit Naryan Sharma, Aged About 50 Years, R/o 13 Mahaveer Nagar Extension, Tehsil Talera, District Bundi. At Present Posted At Govt. Primary School Bevdiya, Block Talera, District Bundi (Raj.).

4. Shobha Sharma W/o Ashwani Kumar Pathak, Aged About 55 Years, R/o Kekri, Tehsil Kekri, District Ajmer. At Present Posted At Govt. Upper Primary School Jagpura, Block Sarwar, District Ajmer (Raj.).

5. Govind Ram Kumawat S/o Ramkishan Kumawat, Aged About 58 Years, R/o Village Sameliya Post Sarwar, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Mahadevpura Kacholiya, Block Sarwar, District Ajmer (Raj.).

6. Hajari Lal Bairwa S/o Mangi Lal Bairwa, Aged About 55 Years, R/o Village Sameliya Post Sarwar, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Sompura, Block Sarwar, District Ajmer (Raj.).

7. Heera Lal Kumawat S/o Mool Chand Kumawat, Aged About 44 Years, R/o Village Ramkhedi Post Pranhera, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Ramkhedi, Block Sarwar, District Ajmer (Raj.).

8. Girdhar Singh Charan S/o Kalyan Singh, Aged About 55 Years, R/o Village Khedishanker Post Sampla, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Khedi Shanker, Block Sarwar, District Ajmer (Raj.).

9. Ramprasad Kumawat S/o Gordhan Kumawat, Aged About 56 Years, R/o Village Ramkhedi Post Pranhera, Tehsil

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Sarwar, District Ajmer. At Present Posted At Govt. Primary School Khedi Shanker, Block Sarwar, District Ajmer (Raj.).

10. Srawan Lal Kumawat S/o Godoo Ram Kumawat, Aged About 54 Years, R/o Village Sameliya Post Sarwar, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Bairwa Basti Hingoniya, Block Sarwar, District Ajmer (Raj.).

11. Bharat Lal Sharma S/o Bajrang Lal Sharma, Aged About 44 Years, R/o Village Sameliya Post Sarwar, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Bairwa Basti Hingoniya, Block Sarwar, District Ajmer (Raj.).

12. Kajormal Dhakar S/o Balu Ram Dhakar, Aged About 48 Years, R/o Village Sunariya Post Juniya, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Mahadevpura (Hingoniya), Block Sarwar, District Ajmer (Raj.).

13. Satu Ram Khateek S/o Hajari Khateek, Aged About 50 Years, R/o Sarwar, Tehsil Sarwar, District Ajmer.at Present Posted At Govt. Upper Primary School Marogala, Block Sarwar, District Ajmer (Raj.).

14. Cheetermal Kumawat S/o Ladu Ram Kumawat, Aged About 56 Years, Village Chandthali Post Bajta, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Upper Primary School Chandthali, Block Sarwar, District Ajmer (Raj.).

15. Manju Sen W/o Suresh Chand Sen, Aged About 52 Years, R/o Kekri, Tehsil Kekri, District Ajmer. At Present Posted At Govt. Upper Primary School Jatipura, Block Sarwar, District Ajmer (Raj.).

16. Kailash Chandra Sharma S/o Ganpat Lal Sharma, Aged About 56 Years, R/o Village Kalyanpura Post Sanpla, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Kalyanpura, Block Sarwar, District Ajmer (Raj.).

17. Sampat Singh Rathore S/o Narayan Singh, Aged About 53 Years, R/o Vpo Sumpa, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Ambapura, Block Sarwar, District Ajmer (Raj.).

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18. Asha Kanwar W/o Ranjit Singh Narauka, Aged About 44 Years, R/o Khiriyan, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Indira Colony Khiriyan, Block Sarwar, District Ajmer (Raj.).

19. Yogesh Kumar Dadheech S/o Mangi Lal, Aged About 50 Years, R/o Shahpura, District Bhilwara. At Present Posted At Govt. Upper Primary School Nasarda, Block Shahpura, District Bhilwara (Raj.).

20. Virendra Singh S/o Bharat Singh, Aged About 50 Years, R/o Vpo Mehlo Ke Pass Bhadesar, Tehsil Bhadesar, District Chittorgarh. At Present Posted At Govt. Primary School Byawar, Block Bhadesar, District Chittorgarh (Raj.).

21. Shambhu Lal Jat S/o Gamer Lal Jat, Aged About 43 Years, R/o Village Nangaji Ka Kheda(Falasiya) Post Potla Kala, Tehsil Bhadesar, District Chittorgarh. At Present Posted At Govt. Primary School Champakhedi, Block Bhadesar, District Chittorgarh (Raj.).

22. Shambhu Lal Gadari S/o Jitu Gadari, Aged About 47 Years, R/o Vpo Dholaji Ka Kheda (Jitawas), Tehsil Bhadesar, District Chittorgarh. At Present Posted At Govt. Primary School Champakhedi, Block Bhadesar, District Chittorgarh (Raj.).

23. Bhanwar Lal Jat S/o Chhotu Lal Jat, Aged About 46 Years, R/o Vpo Sanpla, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Primary School Sanpli, Block Sarwar, District Ajmer (Raj.).

24. Kallu Ram Meena S/o Gyarasi Ram Meena, Aged About 43 Years, R/o Village Kamalpuriya Ka Pura Post Dorawali, Tehsil Toda Bheem, District Karoli. At Present Posted At Saheed Deva Govt. Girls Senior Secondary School Mehru Kallan, Block Sawar, District Ajmer (Raj.).

25. Mahaveer Prasad Kumawat S/o Kashi Ram Kumawat, Aged About 51 Years, R/o Village Sameliya Post Sarwar, Tehsil Sarwar, District Ajmer. At Present Posted At Govt. Girls Senior Secondary School Sameliya, Block Sarwar, District Ajmer (Raj.).

26. Poonam W/o Rajender Singh, Aged About 44 Years, R/o Vpo Deolawas, Tehsil Buhana, District Jhunjhunu. At Present Posted At Govt. Upper Primary School Amarpura (Samri), Block Chittorgarh, District Chittorgarh (Raj.).

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27. Mukesh Kumar Khatik S/o Ramprasad Khatik, Aged About 47 Years, R/o Vpo Sawa, Tehsil And District Chittorgarh. At Present Posted At Govt. Upper Primary School Amarpura (Samri), Block Chittorgarh, District Chittorgarh (Raj.).

28. Manisha Purohit D/o Shri Radha Krishan Purohit, Aged About 44 Years, R/o Banjrang Colony Kumbha Nagar Chittorgarh. At Present Posted At Govt. Upper Primary School Thukrava, Block Chittorgarh, District Chittorgarh (Raj.).

29. Jyanti Mala Paliwa D/o Mahesh Chander Purohit, Aged About 42 Years, R/o 18 Chhatriwali Khan Ke Pass Senti, Chittorgahr. At Present Posted At Govt. Upper Primary School Ghaghsa, Block Chittorgarh, District Chittorgarh (Raj.).

30. Ganga Ram Garg S/o Bhera Ram Garg, Aged About 57 Years, R/o Vpo Mandar, Tehsil Revdar, District Sirohi. At Present Posted At Govt. Primary School Sikotari (Bant), Block Revdar, District Sirohi.

31. Pulkit Dashora D/o Om Prakash Dashora, Aged About 42 Years, R/o D-46 Bapu Nagar Senthi Chittorgarh, Tehsil And District Chittorgarh. At Present Posted At Govt. Upper Primary School Ghaghsa, Block Chittorgarh, District Chittorgarh (Raj.).

32. Anju Sharma D/o Anil Sharma, Aged About 58 Years, R/o 1/44 Champanagar, Beawar, Tehsil Beawar, District Ajmer. At Present Posted At Govt. Upper Primary School Shivnagari, Block Jawaja, District Ajmer (Raj.).

33. Hemlata Keswani D/o Ram Chand Keswani, Aged About 49 Years, R/o House No. 61 Vidhya Nagar, Ganeshpura Road Beawar, District Ajmer. At Present Posted At Govt. Primary School Badiya Shyama, Block Jawaja, District Ajmer (Raj.).

34. Manisha Peepawat D/o Yatin Peepawat, Aged About 49 Years, R/o 17-18 Bharti Colony, Udaipur Road, Beawar, District Ajmer. At Present Posted At Govt. Secondary School Ganeshpura, Block Jawaja, District Ajmer (Raj.).

35. Mohammad Kasim S/o Shaffi Khan, Aged About 49 Years, R/o Behind Secondary School Balar, Beawar, District Ajmer. At Present Posted At Govt. Primary School Lodho

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Ka Badiya, Block Jawaja, District Ajmer (Raj.).

36. Shahbudeen S/o Rahman, Aged About 45 Years, R/o Village Badiya Bhau Post Suhawa, Beawar, Tehsil Beawar, District Ajmer. At Present Posted At Govt. Primary School Badiya Bhau, Block Jawaja, District Ajmer (Raj.).

37. Rasul Kathat S/o Dau Kathat, Aged About 54 Years, R/o Village Jhunto Ka Badiya Post Baila The. Masuda, Distt. Ajmer. At Present Posted At Govt. Upper Primary School Mat Ka Badiya, Block Masuda, District Ajmer (Raj.)

38. Chandra Kala Lohar D/o Ramesh Chand Lohar, Aged About 51 Years, R/o House No. 4 Ward No. 41, Lohar Colony Purana Masuda Road Beawar, District Ajmer. At Present Posted At Govt. Primary School Bhurji Ka Badiya, Block Jawaja, District Ajmer (Raj.)

39. Yogita Choudhary W/o Hanuman Singh Choudhary, Aged About 51 Years, R/o House No. 5 Ward No. 1, Jay Jay Colony Narsingpura Beawar, District Ajmer. At Present Posted At Govt. Primary School Kundiya (Kana Kheda), Block Masuda, District Ajmer (Raj.)

40. Manju Sharma W/o Umesh Kumar Dutt, Aged About 51 Years, R/o Plot No. 14 Tempo Stand Choraha Dhola Bhata Colony Ajmer. At Present Posted At Govt. Primary School Rawato Ki Dhani Devnagar, Pisangan, Block Ajmer Gramin, District Ajmer (Raj.)

41. Hameed Khan Cheeta S/o Kalu Khan, Aged About 48 Years, R/o Masjid Ka Badiya Rajosi, Ajmer. At Present Posted At Govt. Primary School Masjid Ka Badiya Rajosi, Block Srinagar, District Ajmer (Raj.)

42. Dharmendra Dixit S/o Shiva Shanker Dixit, Aged About 49 Years, R/o 37B Lakshman Vihar 1St Kunhadi, Kota. At Present Posted At Govt. Upper Primary School Boodhkarwer, Block Nainwan, District Bundi (Raj.)

43. Madhu Verma D/o Shanker Lal Verma, Aged About 52 Years, R/o F218/22, Laxmi Nagar, Shastri Nagar Ex., Bhilwara, Distt.bhilwara. At Present Posted At Govt. Upper Primary School Dantajatti, Block Suwana, District Bhilwara (Raj.)

44. Ameen Kathat S/o Ahmad Kathat, Aged About 48 Years, R/o Village Shyamgarh Kala, Post Shyamgarh, Tehsil

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Masuda, Distt. Ajmer. At Present Posted At Govt. Upper Primary School Chodsiya, Block Masuda, District Ajmer (Raj.)

45. Zakir Husain Bagwan S/o Imamuddin, Aged About 49 Years, R/o Vpo Jaliya Iind, Tehsil Bijainagar, Distt. Ajmer. At Present Posted At Govt. Upper Primary School Bada Aasan(Badi), Block Masuda, District Ajmer (Raj.)

46. Sahdev Kumar S/o Ghewar Ram, Aged About 55 Years, R/o Vpo Boontiwas, Tehsil Raipur, Distt. Pali. At Present Posted At Govt. Upper Primary School Kundal Boontiwas, Block Raipur, Distt. Pali (Raj.)

----Petitioners Versus

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

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

3. The District Education Officer (Elementary Education), Sirohi (Raj.).

4. The Chief District Education Officer, Sirohi (Raj.).

5. The District Education Officer (Elementary Education), Bundi (Raj.).

6. The Chief District Education Officer, Bundi (Raj.).

7. The District Education Officer (Elementary Education), Ajmer (Raj.).

8. The Chief District Education Officer, Ajmer (Raj.).

9. The District Education Officer (Elementary Education), Chittorgarh (Raj.).

10. The Chief District Education Officer, Chittorgarh (Raj.).

11. The District Education Officer (Elementary Education), Udaipur (Raj.).

12. The Chief District Education Officer, Udaipur (Raj.).

13. The District Education Officer (Elementary Education), Bhilwara (Raj.).

14. The Chief District Education Officer, Bhilwara (Raj.).

15. The District Education Officer (Elementary Education), Pali (Raj.).

16. The Chief District Education Officer, Pali (Raj.).



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                                                                 ----Respondents


For Petitioner(s)          :    Mr. Balvinder Singh
For Respondent(s)          :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/08/2023

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that in the

identical situation this court vide order dated 25.04.2023 has

disposed of S.B.Civil Writ Petition No.6580/2020(Jugal Kishore &

Ors. V/s State & Ors.) in the following terms:-

"1. While inviting court's attention to the prayer in the writ petition, vis-a-vis, the order dated 28.05.2021 passed by the State Government, Mr. Chanda learned counsel for the respondent-State submits that the relief claimed in the writ petitions has already been granted to the petitioners and the writ petition has been rendered infructuous.

2. In view of the submissions notices above and considering the order dated 28.05.2021, the writ petition is dismissed as having been rendered infructuous.

3. Since, it is admitted case of the State that petitioners' grievance has been redressed, it will be incumbent upon the competent authority to pass an order in terms of the order dated 28.05.2021.

4. In view of the fact that the State Government had taken an in- principle decision to redress petitioners' grievance way back on 28.05.2021, the competent authority of the respondent- State is hereby directed to pass an appropriate order revising petitioners' pay scale in terms of the order dated 28.05.2021 and determine the salary payable as early as possible preferably within three months from today.

5. After re-fixation of petitioner's pay scale, the respondents shall pay the arrears to the petitioners latest by 31.12.2023.

6. The stay application also stands disposed of accordingly".

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In view of the matter, learned counsel for the petitioners

submits that the petitioners may be permitted to submit a detailed

representation to the respondents and prays that the respondents

may be directed to consider the same in the light of judgment

rendered by this court in the case of Jugal Kishore & Ors (supra).

Considering the limited prayer made by the counsel for the

petitioners, the present writ petition is disposed of in terms that in

the event of filing a representation by the petitioners, the same

shall be considered and decided by the respondents in the light of

judgment rendered by this court in case of Jugal Kishore (supra)

within a period of six weeks from the date of receipt of certified

copy of this order.

The present order has been passed on the submission made

by the counsel for the petitioners that the case of the petitioners is

similar to the case of Jugal Kishore, therefore, if the facts of the

present case are not similar to the case of Jugal Kishore, 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.