Ram Niwas Regar vs State Of Rajasthan ...
2023 Latest Caselaw 4510 Raj

[2023/RJJD/014940] (1 of 6) [CW-6664/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6664/2023

1. Ram Niwas Regar S/o Mohan Lal Regar, Aged About 47 Years, R/o Village Kadera, Post Kadera, Tehsil Kekri, Dist. Ajmer, Raj. At Present Posting Gps Naya Devpura, Block Kekri, Dist. Ajmer.

2. Norat Mal Balai S/o Hajari Balai, Aged About 47 Years, R/o Village 119 Ward No. 02 Balaiyon Ka Mohalla, Village Alambu, Post Kadera, Tehsil Kekri, Dist. Ajmer, Raj. At Prsent Posting Gsss Kerto, Block Bhinay, Dist. Ajmer.

3. Jagidsh Prasad Regar S/o Kamad Regar, Aged About 49 Years, R/o Village Kadera, Post Kadera, Tehsil Kekri, Dist. Ajmer, Raj. At Present Posting Gps Uprana Devpura (Kadera), Block Kekri, Dist. Ajmer.

4. Basant Kumar Vaishnaw S/o Nathu Lal Vaishnaw, Aged About 42 Years, R/o Behind Telephone Exchange, Village Kadera, Post Kadera, Tehsil Kekri, Dist. Ajmer, Raj. At Present Posting Gsss Sanpla (Sarwar), Block Sarwar, Dist. Ajmer.

5. Rakesh Kumar Gadhwal S/o Bhanwar Lal Gadhwal, Aged About 45 Years, R/o Vpo Pranhera, Tehsil Kekri, Dist. Ajmer, Raj. At Present Posting Gsss Gagunda, Block Arian, Dist. Ajmer.

6. Durga Lal Regar S/o Dhanna Lal Regar, Aged About 52 Years, Regar Mohalla, R/o Vpo Pranhera, Tehsil Kekri, Dist. Ajmer, Raj. At Present Posting Gps Gopalpuri (Bagatlav), Block Chotti Sarvan, Dist. Banswara.

7. Lala Ram Regar S/o Ugma Ram Regar, Aged About 53 Years, R/o Vpo Ghatiyali, Tehsil Sawar, Dist. Ajmer, Raj. At Present Posting Gsss Jawala, Block Sarwar, Dist. Ajmer.

8. Hansraj S/o Gajraj, Aged About 46 Years, R/o Village Saranwas (Pahadwas Sarn), Post Ikrotia, Dist. Alwar, Raj. At Present Posting Gsss Bibirani, Dist. Alwar..

9. Lokesh Kumar Meena S/o Nani Ram Meena, Aged About 44 Years, R/o Mehru Kallan, Via Kadara, Tehsil Kekri, Dist. Ajmer, Raj. At Present Posting Gps Balpura, Block Dist. Ajmer.

10. Lala Ram Lodha S/o Ramdev Lodha, Aged About 44

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Years, R/o Village Lodha Ka Jhopra, Post Sawar, Tehsil Sawar, Dist. Ajmer, Raj. At Present Posting Gps Lodho Ka Jhopra, Block Sawar, Dist. Ajmer.

11. Bhare Khan Sindhi S/o Bheeke Khan Sindhi, Aged About 51 Years, R/o Jama Masjid Shekhnagar, Tehsil Piparcity Posting Gsss Malar, Block Piparcity, Dist. Jodhpur.

12. Jetha Ram S/o Kewal Singh, Aged About 41 Years, R/o Solankiyon Ka Bera Jawasiya, Tehsil Piparcity, Dist. Jodhpur, Raj. At Present Posting Gups Jalupura (Sindhipura), Block Piparcity, Dist. Jodhpur.

13. Govind Ram Mali S/o Hastimal, Aged About 47 Years, R/o Uchiyara Bera, Tehsil Piparcity, Dist. Jodhpur, Raj. At Present Posting Gss Dudeliyo Ki Dhani, Block Piparcity, Dist. Jodhpur.

14. Ratna Ram S/o Bhera Ram, Aged About 39 Years, R/o Solankiyon Ka Bera Jawasiya, Tehsil Piparcity, Dist. Jodhpur, Raj. At Present Posting Gps Siyagon Ki Dhani Sirmandi Osian, Dist. Jodhpur.

15. Narayan Lal Meghwal S/o Naval Ram, Aged About 40 Years, R/o Oda, Jhadol (Ph), District Udaipur.

16. Ramesh Chandra Sharma S/o Panna Lal Sharma, Aged About 48 Years, R/o Kolyari, Jhadol (Ph), District Udaipur.

17. Aruna Kothari D/o Basanti Lal Kothari, Aged About 41 Years, Jhadol (Ph), District Udaipur.

18. Baldev Kumar Bhamawat S/o Kastur Chandra, Aged About 51 Years, R/o Ogna, Jhadol (Ph), District Udaipur.

19. Amba Lal Meghwal S/o Logar Ji, Aged About 41 Years, R/o Senwara, Gogunda, Udaipur.

20. Heer Singh Rajput S/o Parwat Singh, Aged About 45 Years, R/o Ogna, Jhadol (Ph), District Udaipur.

21. Anil Kumr Kodia S/o Kanti Lal, Aged About 45 Years, R/o Ogna, Jhadol, Udaipur.

22. Karuna Shanker Pandya S/o Vardi Shanker, Aged About 47 Years, R/o Oda, Jhodal, District Udaipur.

23. Jamna Meghwal S/o Kalu Mal, Aged About 47 Years, R/o Jhadol, District Udaipur.

24. Girdhari Lal Purbia S/o Heera Lal, Aged About 46 Years, R/o Ogna, Jhadol (Ph), District Udaipur.

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25. Malu Ram Vadera S/o Kalu Lal Lohar, Aged About 40 Years, R/o Village Talai, Jhadol (Ph), District Udaipur.

26. Devi Lal Lohar S/o Chunni Lal Lohar, Aged About 47 Years, R/o Jhadol, District Udaipur.

27. Heera Lal Kharadi S/o Homa Ji Kharadi, Aged About 47 Years, R/o Pipalbada, Jhodal, District Udaipur.

28. Shankar Lal Dungri S/o Kamji Dungari, Aged About 50 Years, R/o Village Mohammad Phalasiya, Jhadol, District Udaipur.

29. Dharma Narayan Vyas S/o Dal Chand Vyas, Aged About 43 Years, R/o Brahamano Ka Kherwara, Jhadol (Ph), Udaipur.

30. Keshu Lal Prajapat S/o Gajaram Prajapat, Aged About 47 Years, R/o Gogla, Tehsil Jhadol (Ph), District Udaipur.

31. Dharmendra Lashkar S/o Bhagwati Lal Lakshkar, Aged About 42 Years, R/o Jhadol, Udaipur, District Udaipur.

32. Mohammad Ramzan Chhipa S/o Ushman Gani Chhipa, Aged About 56 Years, R/o 2, Lal Ji Ki Gali Navlakha Road, Pali, Raj. At Present Posting Gups Endlawas, Dist. Pali.

33. Sarita Parihar D/o Suwa Ram, Aged About 44 Years, R/o Nearby Old Court Campus, Bali, Dist. Pali, Raj. At Present Posting Gps Khariyon Ki Dhani Perwa, Dist. Pali.

34. Fateh Chand Chitara S/o Rokad Chand Chitara, Aged About 45 Years, R/o Main Bazar, Rani Station, Dist. Pali, Raj. At Present Posting Gsss Itandra Charnan, Dist. Pali.

35. Karni Dan S/o Shambhu Dan, Aged About 45 Years, R/o Mahadev Basti Nearby Naya Bus Station Ward No. 22 Balotra, Dist. Barmer, Raj.

36. Dalichand Chandel S/o Choutharam Chandel, Aged About 55 Years, R/o Vpo Rani Kallan, Tehsil Rani, Dist. Pali, Raj. At Present Posting Gups Dudwar, Block Rani, Dist. Pali.

37. Kusham Kumari D/o Mohan Puri Goswami, Aged About 45 Years, R/o Near Brahma Kumari, Subhash Road, Khudala, Falna Station, Dist. Pali, At Present Posting Gups Regar Colony Desuri, Dist. Pali.

38. James Mathew S/o K.i. Mathew, Aged About 47 Years, R/o 18-K, Rajat Vihar, Desuri Main Road, Ghanerao, Dist. Pali. At Present Posting Gps Charbhuja Dhani Ghanerao, Block

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Desuri, Dist. Pali.

----Petitioners Versus

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

2. Director, Elementary Education, Bikaner.

3. Director, Secondary Education, Bikaner.

4. The District Education Officer (Elementary Education), Ajmer, Rajasthan.

5. The Chief Executive Officer, Zila Parishad, Ajmer, Rajasthan.

6. The District Education Officer (Elementary Education), Udaipur, Rajasthan.

7. The Chief Executive Officer, Zila Parishad, Udaipur, Rajasthan.

8. The District Education Officer (Elementary Education), Pali, Rajasthan.

9. The Chief Executive Officer, Zila Parishad, Pali, Rajasthan.

10. The District Education Officer (Elementary Education), Jodhpur, Rajasthan.

11. The Chief Executive Officer, Zila Parishad, Jodhpur, Rajasthan.

12. The District Education Officer (Elementary Education), Barmer, Rajasthan.

13. The Chief Executive Officer, Zila Parishad, Barmer, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Tanwar Singh Rathore

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/05/2023

Heard learned counsel for the petitioners.

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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 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

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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 210-/Vivek/-

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