Rajasthan High Court
Krishna Kumar Khajotiya S/O ... vs The State Of Rajasthan ... on 9 February, 2023
Bench: Sudesh Bansal
[2023/RJJP/002278]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2514/2023
1. Krishna Kumar Khajotiya S/o Ramsukh Khajotiya, Aged
About 33 Years, Village And Post Bagori Bhonawas, Via
Poata, District Jaipur, Rajasthan - 303106.
2. Om Prakash Sharma S/o Prabhati Lal Sharma, Aged
About 37 Years, Vpo Vimalpura, Tehsil Chomu, District
Jaipur, Rajasthan.
3. Sudhir Sharma S/o Sanwar Mal Sharma, Aged About 42
Years, R/o Ward No. 1 Gogasar, District Churu, Rajasthan
- 331504.
4. Sunder Lal Khichar S/o Shanker Lal Bishnoi, Aged About
41 Years, R/o Ward No. 26, Near Karni Mata Temple,
Jorawarpura Nokha, District Bikaner, Rajasthan.
5. Surender Kumar S/o Ram Kumar, Aged About 38 Years,
R/o Village And Post 10 Kld, Kundel, District Bikaner,
Rajasthan - 334022.
6. Seema Gurjar W/o Atar Singh, Aged About 33 Years, R/o
Tehsil Bayana, Samogar, District Bharatpur -321411.
7. Pawan Kumar S/o D.r. Verma, Aged About 37 Years, R/o
E-15, Jawahar Nagar, District Bharatpur - 321001.
8. Murari Lal Meena S/o Bajrang Lal Meena, Aged About 32
Years, R/o Tehsil Nainwan Urasi, District Bundi - 323802.
9. Laxman Kumar Meena S/o Sardar Singh Meena, Aged
About 36 Years, R/o Vpo Khora Lad Khani, Tehsil
Shahpura, District Jaipur, Rajasthan - 303120.
10. Anita Devi W/o Pramod Kumar Jatav, Aged About 37
Years, R/o Jatav Basti, Tehsil Rupbas Uchchain, District
Bharatpur - 321302.
11. Sarita Kanwar W/o Bhanwar Singh, Aged About 46 Years,
R/o F-412, New Bapu Nagar, District Bhilwara - 311001.
12. Manmohan Singh Meena S/o Lallu Ram Meena, Aged
About 33 Years, R/o Chhapar Was Kuiwala, Basna, District
Jaipur, 302028.
13. Manju Meena W/o Rajnish Meena, Aged About 46 Years,
R/o Ganeshpuri Second, Agra Road, Jamdoli, District
Jaipur - 302031.
14. Amit Kumar Meena S/o Bhagwan Sahai Meena, Aged
(Downloaded on 11/02/2023 at 12:43:23 AM)
[2023/RJJP/002278] (2 of 4) [CW-2514/2023]
About 37 Years, R/o Kali Pahari Thana, District Alwar -
301408.
15. Pooran Mal S/o Lal Chand Jatav, Aged About 42 Years,
R/o Village Chhonkarwara Khurd, Post Chhonkarwara
Kalan, Tehsil Bhusawar, District Bharatpur - 321407.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Secondary Education, Govt. Secretariat,
Jaipur, Rajasthan.
2. The Director, Board Of Secondary Education, District
Bikaner, Rajasthan.
3. Usha Gour Through The Director, Aged About 59 Years,
Department Of Secondary Education, Govt. Of Rajasthan.
Employee Id- Rjna198428017002.
4. Kusum Devi Lodha Through The Director, Aged About 57
Years, Department Of Secondary Education, Govt. Of
Rajasthan, Employee Id- Rjpa198829004848.
----Respondents
For Petitioner(s) : Mr. Vigyan Shah
For Respondent(s) : Mr. S.S. Raghav, AAG with
Mr. Anirudh Singh Raghav &
Mr. Mananjay Singh Rathore
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
09/02/2023
1. Petitioners are aggrieved by the impugned DPC list dated
20.1.2023 wherein they have not been enlisted for the promotion
on the post of Principal and instant writ petition has been filed
challenging the DPC list dated 20.1.2023 as also to accord the
promotion to petitioners on the post of Principal at par with the
[2023/RJJP/002278] (3 of 4) [CW-2514/2023]
other similarly situated persons in pursuance of the DPC list dated
20.1.2023.
2. Learned Additional Advocate General has put in appearance
as Caveator and raised preliminary objection that since petitioners
have an alternative remedy to raise the issue of seniority before
the Rajasthan Civil Services Appellate Tribunal, therefore, this writ
petition may not be entertained by this Court.
3. Learned counsel for petitioners, Mr. Vigyan Shah, without
disputing the availability of alternative remedy of appeal to
petitioners before the Tribunal, states at bar that though the cause
of action to all petitioners is one and common and a joint appeal
by all petitioners may be filed but the Tribunal may not entertain
the appeal and ask to file separate appeals by each petitioner.
4. In case of Manoj Kumar Dhaka Vs. State of Rajasthan,
S.B. Civil Writ Petition No.6565/2021 decided on
30.6.2021, the Coordinate Bench of this Court in respect of the
issue for filing a joint appeal before the Tribunal has opined
observations and findings in following terms:
"As regards filing of the joint appeal, I am in
an agreement with the learned counsel for the
petitioner that in the cases where several
employees are aggrieved of the common order
passed by the respondents relating to the service
matter, the facts of everyone being similar, it would
always be in the interest of dispensation of justice
that the joint appeal may be allowed by the Tribunal
more so as the deficit court fee is not required to be
filed before the Tribunal. It would always reduce the
total working of the Tribunal as well as to save time
and paper."
5. The dictum of the High Court in case of Manoj Kumar
Dhaka (supra), has again been followed in S.B. Civil Writ
[2023/RJJP/002278] (4 of 4) [CW-2514/2023]
Petition No.9288/2013, Kailash Chand Gupta & Anr. Vs.
State Government of Rajasthan & Ors. decided on 8.7.2021.
6. This Court finds that it is open for petitioners to file a joint
appeal alongwith an application before the Tribunal to allow to
entertain the joint appeal in view of observations/findings already
passed by the High Court in above referred judgments.
7. Hence, the instant writ petition is disposed of relegating
petitioners to approach the Tribunal.
8. Needless to observe that the Tribunal will abide by and follow
observations/findings of the High Court passed in case of Manoj
Kumar Dhaka (supra) in respect of other appeals, if filed jointly.
The order passed in SBCWP No.6565/2021 shall apply mutatis
mutandis in the present case also.
9. Stay application and other pending application(s), if any, also
stand disposed of.
(SUDESH BANSAL),J
TN/14
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