Amiya Meghwal vs State Of Rajasthan
2023 Latest Caselaw 4054 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6150/2023

1. Amiya Meghwal W/o Late Shri Raju Ram, Aged About 46 Years, R/o Gosai Colony, Village Manaklao, District Jodhpur.

2. Munna Ram Meghwal S/o Shri Dhura Ram, Aged About 44 Years, R/o Nimbo Ka Talab, Tehsil Osian, District Jodhpur.

3. Anguri Bai W/o Shri Raja Ram, Aged About 42 Years, R/o Chak No. 8 Sm, Sherpura, Tehsil Chhattargarh, District Bikaner.

4. Bhimti Panwar W/o Shri Bhawani Singh Panwar, Aged About 44 Years, R/o Near Senapati Bhawan, Ratanada, Jodhpur.

5. Bhanwar Lal Binda S/o Shri Anna Ram Binda, Aged About 48 Years, R/o Village Gundisar (Mahiya Ki Dhani), Tehsil Degana, District Nagaur.

6. Rugha Ram Choudhary S/o Shri Ramu Ram Choudhary, Aged About 52 Years, R/o Jajiwal Khichiyan, Tehsil And District Jodhpur.

7. Tulsi Ram S/o Shir Kana Ram, Aged About 43 Years, R/o Goyalo Ki Dhani, Nandra Kallan, Tehsil And District Jodhpur.

8. Heera Ram S/o Shri Moti Ram, Aged About 63 Years, R/o Salva Kallan, Tehsil And District Jodhpur.

9. Madan Lal Khilan S/o Shri Rugha Ram Choudhary, Aged About 54 Years, R/o Daikara, Tehsil And District Jodhpur.

10. Sona Ram Sirvan S/o Shri Harji Ram, Aged About 52 Years, R/o Salva Kallan, Tehsil And District Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Primary Education, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The Director, Elementary And Secondary Education, Government Of Rajasthan, Bikaner.

3. The District Education Officer, Elementary Education, Jodhpur.

4.    The     District     Education         Officer,     Secondary       Education,


                                     (2 of 3)                       [CW-6150/2023]


       Jodhpur.

5. The District Education Officer, Elementary Education, Bikaner.

6. The District Education Officer, Elementary Education, Nagaur.

----Respondents

For Petitioner(s) : Mr. Sushil Solanki.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/05/2023

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

(3 of 3) [CW-6150/2023]

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".

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.

(VINIT KUMAR MATHUR),J 86-AnilSingh/-

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