Saroj vs State Of Rajasthan
2023 Latest Caselaw 594 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 861/2023

1. Saroj D/o Shri Bhagwana Ram W/o Shri Suresh Chandra Jat, Aged About 37 Years, Resident Of Village Jugalpura, Tehsil Shri Madhopur, District Sikar (Raj.).

2. Rekha Kumari Sain D/o Shri Bhagwati Prasad Sain W/o Shri Naresh Kumar Sain, Aged About 38 Years, Resident Of Village Kayamsar, Tehsil Deedwana, District Nagaur (Raj.).

3. Usha Kumari D/o Shri Bhagwana Ram Jakhar W/o Shri Rajesh Kumar, Aged About 31 Years, Resident Of Ward No. 02, Baldevji Wali Dhani, Shahpur, Jaipur (Raj.).

4. Bhojraj Kapuriya S/o Shri Hari Shankar Kapuriya, Aged About 29 Years, Resident Of Rajpura, Tehsil Shahpura, Post Nidara, District Jaipur (Raj.).

5. Mahendar Kumar Kumawat S/o Shri Hari Shankar Kapuriya, Resident Of Village And Post Sanwalpura, Tehsil Shrimadhopur, District Sikar (Raj.).

6. Seema Gupta D/o Late Shri Babu Lal Gupta, Aged About 30 Years, Resident Of Swami Mohalla, Manoharpur, Shahpura, Jaipur (Raj.).

7. Shyo Prasad Bairwa S/o Shri Suk Lal Bairwa, Aged About 44 Years, Resident Of Village And Post Jivli, Tehsil Vajirpur, District Sawai Madhopur (Raj.).

----Petitioners Versus

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

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

3. District Education Officer Secondary Education, Jaipur (Raj.).

4. District Education Officer Secondary Education, Sikar (Raj.).

5. District Education Officer Secondary Education, Alwar (Raj.).

                                                                 ----Respondents




                                                 (2 of 3)                    [CW-861/2023]




For Petitioner(s)             :    Mr. Govind
For Respondent(s)             :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

16/01/2023

This writ petition has been filed by petitioners seeking reliefs

as indicated in the writ petition. It is submitted by learned counsel

for the petitioners that the issue raised in the present writ

petition is squarely covered by judgment of this Court in

Manoj Khandelwal & Ors. v. State of Rajasthan & Ors.:

S.B.C.W.P. No. 7283/2014, decided on16.07.2014 at

Jaipur Bench and the said judgment has been followed in

Krishan Lal & Ors. v. The State of Rajasthan & Ors. :S.B.C.W.P.

No. 19179/2017, decided on 30.10.2017 at Jaipur Bench,

and therefore, the petitioners are also entitled to the samerelief

as granted in the case of Manoj Khandelwal (supra)

and Krishan Lal (supra).

In view of the submissions made, the writ petition filed bythe

petitioners is disposed of with the similar directions as given inthe

case of Manoj Khandelwal (supra), which read as under:-

"This Court in Suman Bai and Another Vs. State and Others - 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents,who were in lower order of merit.

(3 of 3) [CW-861/2023]

It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services.

The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments.

Having regard to the facts of the case, writ petition is disposed of requiring the petitioners to make a representation to respondent no.2 - Director, Secondary Education, Bikaner, along with a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit,are getting benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits."

(VINIT KUMAR MATHUR),J 391-Praveen/-

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