Rajasthan High Court
Smt. Sarika Sharma W/Oshriram ... vs State Of Rajasthan ... on 7 February, 2023
Bench: Ashok Kumar Gaur, Ashutosh Kumar
[2023/RJJP/002018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 7706/2020
Smt. Sarika Sharma W/o Shriram Kishore Upadhyay, Aged About
45 Years, R/o 147, Swarn Jayanti Nagar, Bharatpur (Rajasthan),
Presently Working On The Post Of Teacher Grade III In Govt.
Secondary School, Tehra-Lodha, Bharatpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principle Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
2. State Of Rajasthan, Through Secretary, Education
Department, Government Secretariat, Rajasthan, Jaipur,
Rajasthan.
3. The Director, Secondary Education, Bikaner.
4. The District Education Officer (Secondary-I), Bharatpur.
----Respondents
For Petitioner(s) : Mr. Namo Narayan Sharma
For Respondent(s) : Mr. C.L. Saini, AAG
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
07/02/2023
The instant petition has been filed by the petitioner by
making following prayer:
"By issuing appropriate writ order or direction,
Rule 14 of the Rules of 2008 may be declared as
ultra vires to the Constitution of India being
contrary to Article 14, to the extent that it does
not grants fixation to the petitioner as granted to
other: similarly situated candidates in the same
recruitment process of Teacher Grade III and
respondents be further directed to give same
[2023/RJJP/002018] (2 of 5) [CW-7706/2020]
benefit as given in the case of D.B.C.W.P. no.
1949/2011 titled as Anita Sharma &Ors. State of
Rajasthan & Ors. decided vide order dated
20.03.2015 (Annex.4)."
Learned counsel appearing for the petitioner submitted that
the issues raised in the present writ petition is squarely covered
by decision passed in D.B. Civil Writ Petition No.1949/2011:
Anita Sharma and Ors. vs. State of Rajasthan and Ors.
Learned counsel for the petitioner submitted that after the order
passed by the Division Bench in the case of Anita Sharma and
Ors. v.s State of Rajasthan and Ors. (supra), yet another
Division Bench passed similar order in D.B. Civil Writ Petition
No.9301/2019: Sunil Loyal and Others vs. State of
Rajasthan and Ors. while deciding the writ petition on
23.05.2019.
Learned counsel for the petitioner submitted that the order
passed by the Division Bench in the case of Sunil Loyal and
Ors. vs. State of Rajasthan and Ors.(supra) has been
complied with by the respondents by way of office order dated
01.10.2020.
Learned counsel for the petitioner submits that similar relief
may be granted to the present petitioner as has been granted to
the petitioner in the above two referred Division Bench judgments.
Learned counsel for the State Mr. C.L. Saini, learned AAG
submitted that similarly situated candidate like the petitioner filed
D.B. Civil Writ Petition No.7814/2021: Seema Choudhary
vs. The State of Rajasthan and Ors. and Division Bench vide
order dated 02.01.2023 has granted time to the State
[2023/RJJP/002018] (3 of 5) [CW-7706/2020]
Government to examine the matter for one time relaxation to
bring the case of that petitioner at par with the Primary Teachers
appointed in the same process of selection held in pursuance of
same advertisement by granting him one increment, notionally
w.e.f. 01.07.2010, however the Division Bench has also observed
that State Government will be free to reject the claim of that
candidate, if necessary on the ground of delay and laches.
Learned counsel for the State submitted that the order
passed by the Division Bench in Seema Choudhary vs. The
State of Rajasthan and Ors.(supra) decided on 02.01.2023
may also be made applicable in the present case.
Learned counsel for the petitioner further submitted that a
similarly situated candidate have been granted benefit w.e.f.
01.07.2010 and as such the orders which have been implemented
by the State Government, need be passed in favour of the
petitioner as well.
We have considered the rival submissions, this Court finds
that initially D.B. Civil Writ Petition No.1949/2011: Anita
Sharma and Ors. vs. State of Rajasthan and Ors. decided by
the Division Bench on 20.03.2015, the operative portion of the
order is quoted here as under:
"It goes without saying that in case grievances of
the petitioners are not remedied, the petitioners
would be at liberty to file fresh writ petition with
the same prayer as made in the present writ
petition and also incorporating challenge to the
order that may be passed by the State
Government."
[2023/RJJP/002018] (4 of 5) [CW-7706/2020]
This Court further finds that another Co-ordinate Division
Bench in case of D.B. Civil Writ Petition No.9301/2019: Sunil
Loyal and Others vs. State of Rajasthan and Ors. has taken
the similar view as well while passing the order dated 23.05.2019.
This Court further finds that after aforesaid two decisions
passed by the Division Bench, another Division Bench has passed
the order in D.B. Civil Writ Petition No.7814/2021: Seema
Choudhary vs. The State of Rajasthan and Ors.(supra)
wherein Division Bench while passing the order dated 02.01.2023
has held as under:
"4. Prima facie, we are satisfied that it is a case of
hardship, but since the State Government has not
examined this matter, we refrain from expressing
any further opinion, except requiring the State
Government to have the case of the petitioner
examined for grant of one time relaxation, so as
to consider his case and bring him at par with the
Primary Teachers appointed in the same process
of selection held in pursuance of same
advertisement by granting him one increment,
may be notionally, with effect from 01.07.2010
considering that he was actually in service on that
date and even prior thereto.
5. We, therefore, direct the State Government to
undertake necessary exercise and pass
appropriate order with regard thereto within a
period of four months from the date of production
of copy of this order. It goes without saying that
in case grievances of the petitioner is not
remedied, the petitioner would be at liberty to file
fresh writ petition with the same prayer as made
in the present writ petition and also incorporating
[2023/RJJP/002018] (5 of 5) [CW-7706/2020]
challenge to the order that may be passed by the
State Government.
6. With the aforesaid direction, writ petition
stands disposed of.
7. Needless to mention that the State
Government is free to reject the claim of the
petitioner if necessary on the ground of delay and
laches."
This Court finds that the claim of the petitioner is also
required to be examined by the respondents to grant one time
relaxation and to consider him bringing at par with Primary
Teachers appointed in the same process in pursuance of the
advertisement by granting one increment notionally w.e.f.
01.07.2010. This Court also makes it clear that the State
Government should keep in mind that the similarly situated
candidates who had approached the Court, have also been
conferred benefit w.e.f. 01.07.2010.
This Court accordingly disposes of the present writ petition
on the same terms as has been passed by the Division Bench in
case of Seema Choudhary vs. The State of Rajasthan and
Ors.(supra) and direction given therein shall apply mutatis
mutandis to the case of the present petitioner.
(ASHUTOSH KUMAR),J (ASHOK KUMAR GAUR),J
MADAN/27
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