Rajasthan High Court - Jodhpur
Shravan Kumar Acharya vs The State Of Rajasthan ... on 5 May, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/013652]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6113/2022
Shravan Kumar Acharya S/o Ram Niwas Acharya, Aged About 59
Years, Resident Of Degana, Tehsil Degana, District Nagaur (Raj.),
At Present Posted As Principal At Govt. Girls Sr. Sec. School,
Degana, Tehsil Degana, District Nagaur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Secondary Education, Education Department, Govt. Of
Rajasthan, Secretariat, Jaipur (Raj.).
2. The Director, Secondary Education, Education
Department, Govt. Of Rajasthan, Bikaner (Raj.).
3. Dy. Director, Secondary Education, Ajmer Division,
Education Department, Govt. Of Rajasthan, Ajmer (Raj.).
4. District Education Officer, (Secondary Education), Govt.
Of Rajasthan, Nagaur (Raj.).
----Respondents
For Petitioner(s) : Mr. Gopal Lal Acharya
For Respondent(s) : Mr. Hemant Choudhary, G.C.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
05/05/2023
Heard learned counsel for the parties.
Learned counsel for the parties are in agreement that the
controversy involved in the present case is squarely covered by a
judgment of this Court rendered in S.B. Civil Writ Petition
No.1602/2019 (Kishna Ram vs. State of Rajasthan & Ors.)
in the following terms:-
"The petitioner was duly selected on the post of
School Lecturer and while performing the duties of
Lecturer, he was promoted on the post of Principal in the
[2023/RJJD/013652] (2 of 3) [CW-6113/2022]
year 2003 on the basis of Patay Vetan. Subsequently, the
DPC considered the case of the petitioner and found him
suitable to hold the post of Principal on regular basis and
thereafter issued promotion order in favour of the
petitioner after the date of his superannuation i.e. on
18.04.2013. Therefore, there is no reason to deny the
actual benefits to the petitioner on the post of Principal,
more particularly, he was performing the duties of that
post since the year 2003. The denial of the benefits on the
post of Principal is arbitrary and unreasonable for all
intents and purposes. The petitioner was performing the
duties of Principal since 2003, however he was
substantively promoted on that post by considering his
case in the DPC held after his superannuation. The
relevant para of the judgment of Hon'ble Division Bench in
the case of Laxmi Narayan Soni (supra) is reproduced as
under :-
"In the light of the above discussions, this Court
is of the opinion that no exception can be taken
to the learned Single Judge's directions given
that all the petitioners were eligible at the time
when they were given temporary appointment;
they did not fulfill the description or fall within
the exception of Rule 28(2) and most
importantly all of them were eligible and could
have been promoted with effect from the date
they were made to officiate temporarily as
Principals. But for the fact that no DPC was
held, all of them were subsequently selected
through regularly constituted DPC. In these
circumstances the denial of salary and all
benefits to them from the date of their initial
temporary appointment (having regard to their
subsequent selection and appointment on
regular basis against the vacancies for the earlier
period), could not be held to be arbitrary."
This Court feels that since the petitioner was
performing the duties of Principal, therefore the benefits
accruing therefrom are required to be paid to him.
In view of the discussions made above, the present
writ petition merits acceptance and same is allowed. The
respondents are directed to extend all the actual
consequential benefits to the petitioner on the post of
Principal w.e.f. 01.09.2006.The respondents are also
directed to comply with the directions issued by this Court
within a period of two months from the date of the receipt
of the certified copy of this order."
[2023/RJJD/013652] (3 of 3) [CW-6113/2022]
In view of the submission made before this Court, the
present writ petition is allowed and the respondents shall grant all
consequential benefits to the petitioner on the promoted post of
Principal from the date of his promotion within a period of two
months from the date of the receipt of certified copy of this order.
(VINIT KUMAR MATHUR),J
10-KashishS/-
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