Rajasthan High Court - Jodhpur

Chakravarti Singh vs State Of Rajasthan ... on 12 May, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6621/2023

1. Chakravarti Singh S/o Karan Singh, Aged About 52 Years, R/o Vpo Gudiya, Via Pipliya Kalan, Tehsil Raipur, Dist. Pali, At Present Posting Gups Bera Riya Gudiya, Block Raipur, Dist. Pali.

2. Ratan Singh S/o Kalyan Singh, Aged About 58 Years, R/o Vpo Jutha, Tehsil Raipur, Dist. Pali, At Present Posting Gps Sukhdeva Nimbhera Kalan, Block Raipur, Dist. Pali.

3. Ashok Kumar Rajpurohit S/o Roop Singh, Aged About 43 Years, R/o Vpo Basant, Tehsil Sumerpur, Dist. Pali, At Present Posting Gups Pichawa, Block Sumerpur, Dist. Pali.

4. Kuldeep Singh S/o Ganga Singh, Aged About 41 Years, R/o Village Bali, Post Manda, Via Sojat Road, Dist. Pali, At Present Posting Gups Melap, Block Marwar Junction, Dist. Pali.

5. Vikam Singh Rathore S/o Kalyan Singh, Aged About 46 Years, R/o Vpo Chelawas, Via Marwarjunction, Dist. Pali, At Present Posting Mggs Chelawas, Block Marwarjunction, Dist. Pali.

6. Smt. Anjana Arora D/o Jaki Lal, Aged About 53 Years, R/o Sadar Bazar, Kataliya, Dist. Pali, At Present Posting Gps Bera, Bhadeli Kantaliya, Block Dist. Pali.

7. Laxman Singh S/o Goverdhan Singh, Aged About 47 Years, R/o Vill Melawas, Po. Musaliya, Via Sojatroad, Dist. Pali, At Present Posting Gups Bhivali, Dist. Pali.

8. Chandan Singh Rathore S/o Mod Singh, Aged About 57 Years, R/o Vill Khindara, Post Sindru, Tehsil Sumerpur, Dist. Pali, At Present Posting Gups Indra Colony, Sindru, Block Sumerpur, Dist. Pali.

9. Lal Singh S/o Deep Singh, Aged About 47 Years, R/o Vpo Savrad, Via Sojatroad, Dist. Pali, At Present Posting Gps Tikhi, Block Marwarjunction, Dist. Pali.

10. Bhanwar Singh Kumpawat S/o Moti Singh Kumpawat, Aged About 43 Years, R/o Vpo Guda Sursingh, Via Rajawas, Tehsil Marwarjunction, Dist. Pali, At Present Posting Gps Amba Ka Oda (Fulad), Block Marwarjunction, Dist. Pali.

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11. Amara Ram S/o Dhagala Ram, Aged About 46 Years, R/o Vpo Bera Sepato Ka Pipaliya, Post Saward, Via Sojatroad, Dist. Pali, At Present Posting Gps Maliyo Ka Reliya Saward, Dist. Pali.

12. Bhanwar Lal Chouhan S/o Venaram, Aged About 61 Years, R/o Vpo Savrad, Via Sojatroad, Dist. Pali, At Present Posting Gups Bera Jaliya, Block Marwarjunction, Dist. Pali.

13. Manju Bareth D/o Idian Singh Bareth, Aged About 59 Years, R/o Vpo Rajola Khurd, Dist. Pali, At Present Posting Mggs Rajola Khurd, Block Marwarjunction, Dist. Pali.

14. Sushila Devi D/o Jai Ram Jat, Aged About 44 Years, R/o House No. 14 Shivam Motors Opposite Bijlighar, Village Pipliya Kalan, Tehsil Raipur, Dist. Pali, At Present Posting Gups Riya Guriya, Block Raipur, District Pali.

15. Vinod Kumar S/o Gopal Singh, Aged About 42 Years, R/o Vpo Batranau, Tehsil Laxmangarh, Dist. Sikar, At Present Posting Smsa Office Sikar, Dist. Sikar.

16. Sohan Lal Patel S/o Gheesa Ram Patel, Aged About 48 Years, R/o Mohra Kalan, Tehsil Raipur, Dist. Pali, Raj. At Present Posting Gsss Uparla Bhimana, Bali, Dist. Pali.

17. Het Ram Sen S/o Bhaira Ram Ji, Aged About 52 Years, R/o Village Badariya, Tehsil Bhanipura (Sardarshehar), District Churu, Raj. At Present Posting Gups Jadaliv, Bhimana, Bali, Dist. Pali.

18. Gopal Das Rathore S/o Bhanwar Singh Rathore, Aged About 49 Years, R/o Village Lilamba (Lilamba Fort), Teh. Raipur, District Pali, Raj. At Present Posting Gps Devnagar Chang, Block Raipur, District Pali, Rajasthan.

19. Om Prakash S/o Ramchandra, Aged About 49 Years, R/o Village Denda, District Pali, Raj. At Present Posting Gps Jogapura (Guda Endla), District Pali, Rajasthan.

20. Mohammad Aslam S/o Mohammad Sadiq, Aged About 47 Years, R/o 136 Near Hanuman Mandir, Indira Colony, District Pali, Raj. At Present Posting Gups Rampura Ki Dhani, Gugendla, District Pali, Rajasthan.

21. Narendra Singh Deora S/o Hukam Singh, Aged About 50 Years, R/o Ward No. 2, Rajputo Ka Vas, Balwana, Post Bisalpur, District Pali, Raj. At Present Posting Gups Moradu, Block Sumerpur, District Pali, Rajasthan.

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22. Tribhuwan Singh Kumpawat S/o Shambhu Singh Kumpawat, Aged About 47 Years, R/o 229 Rawalipol Dhanla, Via Jojawar, Tehsil Marwarjunction, District Pali, Raj. At Present Posting Gsss Atatiya, Block Desuri, District Pali, Rajasthan.

23. Amra Ram Choudhary S/o Bhoma Ram, Aged About 51 Years, R/o Bera Dimri, Vpo Juntha, Tehsil Raipur, District Pali, Raj. At Present Posting Gups Sahid Jabbardan Gups Raiko Ka Nada Juntha, Block Raipur, District Pali, Rajasthan.

24. Smt. Yashoda Malviya W/o Jitendra Kumar, Aged About 50 Years, R/o Jain Santhank Ki Gali Juntha Road, Raipur, District Pali, Raj. At Present Posting Gps Jeet Singh Ka Bariya Sendra, Block Raipur, District Pali, Rajasthan.

25. Smt. Charu Rajpurohit D/o Jawan Singh Rajpurohit, Aged About 47 Years, R/o Vpo Netra, District Pali, Raj. At Present Posting Ggups Sindhru, District Pali, Rajasthan.

26. Sajjan Singh Chouhan S/o Mishra Singh, Aged About 48 Years, R/o Village Sakmaliya, Via Sojatroad, District Pali, Raj. At Present Posting Gps Sadakmaliya, District Pali, Rajasthan.

27. Vaja Ram S/o Rata Ram, Aged About 46 Years, R/o Meghwalon Ka Bass Sanderao, Tehsil Sumerpur, District Pali, Raj. At Present Posting Gups Indra Colony Sindhru, Block Sumerpur, District Pali, Rajasthan.

28. Sanju D/o Panna Lal Rakhecha, Aged About 43 Years, R/o Vpo Jojawar, Tehsil Marwarjunction, District Pali, Raj. At Present Posting Gps Akhaji Ka Oda, Block Marwarjunction, District Pali, Rajasthan.

29. Om Prakash Mali S/o Chimna Ram Mali, Aged About 45 Years, R/o Bera Maliyon Ki Dhani, Pipliya Kallan Gudiya Road, Tehsil Raipur, District Pali, Raj. At Present Posting Gps Odaberi Juntha, Block Raipur, District Pali, Rajasthan.

30. Ragha Ram Bhatnagar S/o Tara Ram Bhatnagar, Aged About 49 Years, R/o Meghwalon Ka Bass Kharda, District Pali, Raj. At Present Posting Gups Aakdawas, Block Rani, District Pali, Rajasthan.

31. Sher Singh Bhati S/o Kishor Singh, Aged About 49 Years, R/o Village Jetiwas, Bilara, District Jodhpur, Raj. At

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Present Posting Gps Gopal Sagar Khariya Neev, Block Sojat, District Pali, Rajasthan.

32. Kusham Lata Dave D/o Jagdish Chandra Dave, Aged About 46 Years, R/o Brahampuri, Rohit, District Pali, Raj. At Present Posting Gups Sajjanpura, Block Rohit, District Pali, Rajasthan.

33. Mukut Bihari Sharma S/o Daya Chand, Aged About 58 Years, R/o Vpo Ao, Tehsil Deeg, District Bharatpur, Raj. At Present Posting Gups Artiya, Block Rohit, District Pali, Rajasthan.

34. Suresh Kumar Sharma S/o Bhanwar Lal Sharma, Aged About 53 Years, R/o Village Khariya Neev, Tehsil Sojat City, Dist. Pali, Raj. At Present Posting Ggss Khariya Neev, Block Sojat City, Dist. Pali.

35. Prem Chand Tanwar S/o Kana Ram Tanwar, Aged About 53 Years, R/o Maliyo Ka Bada Bas Outside Jaitarniya Gate, Sojatcity, Dist. Pali, Raj. At Present Posting Ggss Khariya Neev, Block Sojatcity, Dist. Pali.

36. Sheela Ramawat D/o Babu Lal Ramawat, W/o Praveen Kumar Vaishnav, Aged About 47 Years, R/o 24 Subhashnagar-A, Dist. Pali, Raj. At Present Posting Shri Lodha Ggsss Khairwa, Dist. Pali.

37. Prem Lata W/o Bajrang Lal, Aged About 48 Years, R/o House 8/j/39, Kuri Bhagtasani Housing Board, Jodhpur Raj. At Present Posting Gups Juni Nadi Artiya, Block Rohat, Dist. Pali.

38. Om Prakash Bishnoi S/o Khera Ram, Aged About 49 Years, R/o Vill. Nimbali Patelan, Post Rohat, Dist. Pali, Raj. At Present Posting Gps Shivsthan Nimbali Patelan, Block Rohat, Dist. Pali.

39. Manju Jain D/o Kanwar Lal Lodha, Aged About 53 Years, R/o Manidhari Apartment Vardhmannagar, Dist. Pali, Raj. At Present Posting Gups Dudhli, Block Rohat, Dist. Pali.

40. Smt. Aruna Vyas D/o Narmada Shankar Dave, Aged About 55 Years, R/o 204-A Janta Colony, Pali, Dist. Pali, Raj. At Present Posting Gups Gujaron Ka Dhana Bagdiya, Block Rohat, Dist. Pali

41. Nandkishor Vaishnav S/o Prabhu Dayal Vaishnav, Aged About 50 Years, R/o Vpo Chanod, Dist. Pali, Raj. At

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Present Posting Gps Vagadia, Block Rohat, Dist. Pali.

42. Ladu Ram Banjara S/o Hema Ram Banjara, Aged About 48 Years, R/o Dhanasani, Post Rohat, Dist. Pali, Raj. At Present Posting Gps Danasani, Block Rohat, Dist. Pali.

43. Dilip Singh S/o Berisal Singh, Aged About 50 Years, R/o Village Bithu, Tehsil Rohat, Dist. Pali, Raj. At Present Posting Gps Sawaisingh Ki Dhani Bithu, Block Rohat, District Pali.

44. Rajeshwari Sharma D/o Om Prakash Sharma, Aged About 51 Years, R/o 11A-2 Vijai Nagar New Pali Road Bhagat Ki Kothi, Dist. Jodhpur, Raj. At Present Posting Gups Nai Aabadi Dudli, Block Rohat, Dist. Pali.

45. Anjana Trivedi D/o Nanak Chand Trivedi, Aged About 51 Years, R/o Anjana House Singhpol Junimandi, Jodhpur, Raj. At Present Posting Gups Moriya, Block Rohat, Dist. Pali.

46. Manju D/o Somdutt, Aged About 46 Years, R/o 1/51 Madhuwan Colony Nearby Punjab National Bank, Jodhpur, Raj. At Present Posting Gps Gora Ba Ki Dhani Artiya, Block Rohat, District Pali.

47. Parwati Gupta D/o Anand Kumar Gupta, Aged About 40 Years, R/o Indraprashath Colony Khairwa Road, Pali, Dist. Pali, Raj. At Present Posting Gps Gorawa Ki Dhani Artiya, Block Rohat, Dist. Pali.

48. Prem Lata Parihar S/o Ramnarayan Arya, Aged About 50 Years, R/o 5 Adresh Nagar Ramdev Road Near Reliance Office Houseing Board, Pali, Dist. Pali, Raj. At Present Posting Gups Gujron Ka Dhana Bagdiya, Block Rohat, Dist. Pali.

49. Manju Lata Deval D/o Guman Singh Deval, Aged About 55 Years, R/o Bapu Nagar, Pali, Dist. Pali, Raj. At Present Posting Ggups Hemawas, Dist. Pali.

50. Hajari Singh S/o Panne Singh, Aged About 51 Years, R/o Chatra Ka Gurha, Post Bhagora, Tehsil Marwarjunction, Dist. Pali, Raj. At Present Posting Gups Gurha Chatra, Block Marwarjunction, Dist. Pali.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department

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Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. Director, Secondary Education, Bikaner.

3. Director, Secondary Education, Bikaner.

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

5. The Chief Executive Officer, Zila Parishad, Pali, 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.

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

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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

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.