Rajasthan High Court - Jodhpur

Ramesh Chander Sharma vs State Of Rajasthan ... on 19 May, 2023

Bench: Dinesh Mehta

[2023/RJJD/016387]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11905/2019

1. Ramesh Chander Sharma S/o Shri Patram Sharma, Aged About 48 Years, H. No. 1/253, Housing Board, Jawahar Nagar, Sri Ganganagar, District Sri Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School Ganeshgarh, District Sri Ganganagar, Rajasthan.

2. Gurpreet Singh S/o Shri Dungar Singh, Aged About 34 Years, Near Gurudwara, 43F, Sri Ganganagar, District Sri Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School Ganeshgarh, District Sri Ganganagar, Rajasthan.

3. Nishu Rani D/o Shri Bhagwan Das Mourya, Aged About 31 Years, H. No. 84, Gali Street No. 1, Ward 47, Near Krishna Cinema, Bapu Nagar, District Sri Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School Banwali, District Sri Ganganagar, Rajasthan.

4. Jaipal Limba S/o Shri Lalchand Limba, Aged About 27 Years, Ward No. 6, V And P Bhagwasar, Suratgarh, District Sri Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School Ii Lnp, Khyaliwala, District Sri Ganganagar, Rajasthan.

5. Sanjay Kumar S/o Shri Sube Singh, Aged About 34 Years, 20K, Block Satyam Nagar, 2E Chhoti, District Sri Ganganagar, Rajasthan. Presently Posted At Government Higher Secondary School Multipurpose, District Sri Ganganagar, Rajasthan.

6. Mahaveer S/o Shri Nand Lal, Aged About 31 Years, Behind Jaji, Ward No. 16 (Old), New 11, Suratgarh, District Sri Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School Munda, District Sri Ganganagar, Rajasthan.

7. Vinod Kumar Tak S/o Shri Hari Ram Tak, Aged About 34 Years, Plot No. 299, Ward No. 6, Near Park Masjid, Gurudwara Road, Sector 12L, Hanumangarh Junction, District Hanumangarh, Rajasthan. Presently Posted At Government Senior Secondary School Ii Lnp, Khyaliwala, District Sri Ganganagar, Rajasthan.

8. Harjeet Kaur D/o Shri Richpal Singh, Aged About 31 Years, Ward No. 6, 3P, Patroda, Tehsil Anoopgarh, District Sri Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School 3Nd, District Sri Ganganagar, Rajasthan.

9. Gurjeet Kaur D/o Shri Upendra Kaur, Aged About 34 Years, Ward No. 05, 2 Str, Mandi Gharsana, District Sri Ganganagar,, Rajasthan. Presently Posted At Government Girls Senior Secondary School Suratgarh, District Sri Ganganagar, Rajasthan.

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10. Usha Rani W/o Shri Suresh Kumar, Aged About 36 Years, 57F, 56F, Sri Ganganagar, District Sri Ganganagar, Rajasthan. Presently School Dunger Singhpura, District Sri Ganganagar, Rajasthan.

11. Satveer Singh S/o Shri Gurmeet Singh, Aged About 30 Years, Vpo 43F, Baringa, District Sri Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School Odki, District Sri Ganganagar, Rajasthan.

12. Kamaldeep Kaur W/o Shri Sahajpal Singh, Aged About 37 Years, Ward No. 02, 13P, Patroda, District Sri Ganganagar, Rajasthan. Presently Posted At Government Girls Senior Secondary Anoopgarh, District Sri Ganganagar, Rajasthan.

13. Manmeet Kaur W/o Shri Gurvinder Singh, Aged About 34 Years, Ward O. 06, Chak 2, Str Dhani, New Mandi, Gharsana, District Sri Ganganagar, Rajasthan. Presently Posted At Government Girls Senior Secondary School Rsnr, District Sri Ganganagar, Rajasthan.

14. Sandeep Bhargav S/o Shri Kishan Lal Bhargav, Aged About 27 Years, H. No. 39B, Gali No. 1, Palka Bread Factory, Satiya Colony, District Sri Ganganagar, Rajasthan. Presently Posted At Government Girls Senior Secondary School Nohar, District Hanumangarh, Rajasthan.

15. Rakesh Kumar S/o Shri Tulcha Ram, Aged About 31 Years, 8 Knd-B, District Sri Ganganagar, Rajasthan. Presently Posted At Government Girls Senior Secondary School Anoopgarh, District Sri Ganganagar, Rajasthan.

16. Gurpreet Kaur W/o Shri Rajvinder Singh, Aged About 31 Years, Ward No. 5, Village 37F, 2Mm, District Sri Ganganagar, Rajasthan. Presently Posted At Government Girls Senior Secondary School Mirjawala, District Sri Ganganagar, Rajasthan.

17. Rohitash Sidhu S/o Shri Rajendra Kumar, Aged About 27 Years, Ward No. 2, Topariya Baranki, District Hanumangarh, Rajasthan. Presently Posted At Government Senior Secondary School Munda, District Hanumangarh, Rajasthan.

18. Rajpal S/o Shri Ramchander, Aged About 29 Years, Ward No. 6, Village Jatan, District Hanumangarh, Rajasthan. Presently Posted At Government Senior Secondary School Gandhi Bari, District Hanumangarh, Rajasthan.

19. Banshi Lal S/o Shri Ram Singh, Aged About 26 Years, Ward No. 10, Ramgarh, 16 Dpn, District Hanumangarh, Rajasthan. Presently Posted At Government Senior Secondary School Ramgarh, District Hanumangarh, Rajasthan.

20. Manish Kumar Godara S/o Shri Amar Singh, Aged About 29 Years, Opp. Panchayat Bhawan, Ward No. 9, Sonari,

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District Hanumangarh, Rajasthan. Presently Posted At Government Senior Secondary School Lallana, District Hanumangarh, Rajasthan.

21. Mukesh Kumar Mudgal S/o Shri Ramesh Chand Mudgal, Aged About 39 Years, Tolawas, Alwar, District Alwar, Rajasthan. Presently Posted At Government Senior Secondary School Karanpur, District Sri Ganganagar, Rajasthan.

22. Aastha Vinayak W/o Shri Kuldeep Kumar, Aged About 32 Years, Ward No. 7. Anoopgarh, District Sr Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School Birmana, District Sri Ganganagar, Rajasthan.

23. Vimla W/o Shri Mukesh Kumar, Aged About 29 Years, Ward No. 4, 3Nd, District Sri Ganganagar, Rajasthan. Presently Posted At Government Girls Senior Secondary School Srivijay Nagar, District Sri Ganganagar, Rajasthan.

24. Suman Pal D/o Shri Sitaram Pal, Aged About 25 Years, Ward No. 44, Gurudwara Wali Gali, District Hanumangarh, Rajasthan. Presently At Government Senior Secondary School Odaki, District Sri Ganganagar, Rajasthan.

25. Jagdish Sen S/o Shri Shankar Lal Sen, Aged About 38 Years, Patelo Ka Mohalla, Salumber, District Udaipur, Rajasthan. Presently Posted At Government Senior Secondary School Semari, District Udaipur, Rajasthan.

26. Jyoti Parmar W/o Shri Jagdish Sen, Aged About 36 Years, Patelo Ka Mohalla, Salumber, District Udaipur, Rajasthan. Presently Posted At Government Senior Secondary School Rathora, District Udaipur, Rajasthan.

27. Anuradha Jaiswal D/o Shri Radheshyam Jaiswal, Aged About 30 Years, 3T 34, Patel Nagar, District Bhilwara, Rajasthan. Presently Posted At Government Girls Senior Secondary School Dhariyawad, District Pratapgarh, Rajasthan.

28. Monika Roj S/o Shri Bhanwar Lal, Aged About 25 Years, Village Chhajoli, Tehsil Jayal, District Nagaur, Rajasthan. Presently Posted At Government Savitri Girls Senior Secondary School Laxmangarh, District Sikar, Rajasthan.

29. Maheep Kumar S/o Shri Harishyam Tiwari, Aged About 26 Years, Jain Gali, Mukam Post Warada, District Sirohi, Rajasthan. Presently Posted At Aadarsh Government Senior Secondary School Siyala, District Jalore, Rajasthan.

30. Mukesh Bhoi S/o Shri Velchand Bhoi, Aged About 27 Years, Bhoi Colony, Metwala, Banswara, District Banswara, Rajasthan. Presently Posted At Government Senior Secondary School Aau, District Jodhpur, Rajasthan.

31. Bhawana Jasuja D/o Shri Narayan Das Jasuja, Aged About 38 Years, Dharpuri Mohalla, Alwar, District Alwar,

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Rajasthan. Presently Posted At Goernment Senior Secondary School Khairthal, Block Kishangarhbas, District Alwar, Rajasthan.

32. Ashok Sen S/o Shri Gopal Lal Sen, Aged About 23 Years, Near Pabuji Mandir, Guda Kurd, Tehsil Bhinay, District Ajmer, Rajasthan. Presently Posted At Government Senior Secondary School Jaliya I, District Ajmer, Rajasthan.

33. Rohini W/o Shri Rakesh Kumar, Aged About 26 Years, Ward No. 6, 2D, Badi Orki, District Sri Ganganagar, Rajasthan. Presently Posted At Adarsh Government Senior Secondary School Dungri (C), District Jalore, Rajasthan.

34. Ganga Ram S/o Shri Maga Ram, Aged About 43 Years, Kateshwar Mahadev Road, New Colony, Lunawa, District Pali, Rajasthan. Presently Posted At Sagar Government Senior Secondary School, Lunawa, District Pali, Rajasthan.

35. Jitendra Kumar Meena S/o Shri Birbal Kumar, Aged About 34 Years, Saroli (Khera), Tehsil Kherwada, District Udaipur, Rajasthan. Presently Posted At Government Senior Secondary School Chhani, District Udaipur, Rajasthan.

36. Mitrapal Singh S/o Shri Pheran Singh, Aged About 30 Years, Village Baharwati, Post Chitora, Tehsil Saipau, District Dholpur, Rajasthan. Presently Posted At Government Senior Secondary School Mandavi, District Pratapgarh, Rajasthan.

37. Shankar Lal Sharma S/o Shri Revadmal Sharma, Aged About 25 Years, Palikishorpura, Post Binori, Tehsil Lalsot, District Dousa, Rajasthan. Presently Posted At Government Senior Secondary School Sanwasa, Lalsot, District Dousa, Rajasthan.

38. Satish Kumar Sharma S/o Shri Shambhu Lal Sharma, Aged About 25 Years, Village Toda Thekla, Tehsil Lalsot, District Dousa, Rajasthan. Presently Posted At Government Senior Secondary School Shyampura Kalan, District Dausa, Rajasthan.

39. Parveen Karala S/o Late Shri Lal Chand Karala, Aged About 24 Years, Village Gothra Tagelan, District Sikar, Rajasthan. Presently Posted At Government Girls Senior Secondary School Barmer, District Barmer, Rajasthan.

40. Nidhi Deweedi D/o Shri Vishnu Kumar Deweedi, Aged About 29 Years, Somnath Nagar, Agra Road, Dousa, District Dousa, Rajasthan. Presently Posted At Government Senior Secondary School Amavara, District Sawai Madhopur, Rajasthan.

41. Rekha Bairwa D/o Shri Kalu Ram Bairwa, Aged About 29 Years, Bairwa Mohalla, Guda Chandraji, Karauli, District Karauli, Rajasthan. Presently Posted At Government Girls Senior Secondary School Laxmangarh, District Sikar, Rajasthan.

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42. Ramraj Choudhary S/o Shri Ram Prasad, Aged About 28 Years, 94, Near Bawari, Sanwariya, Tonk, District Tonk, Rajasthan. Presently Posted At Government Senior Secondary School Upliodan, Rajsamand, District Rajsamand, Rajasthan.

43. Kamal Kaji S/o Shri Peer Mohammad Khan, Aged About 24 Years, Ward No. 03, Khara Ladkhani Gathwadi, Jaipur, District Jaipur, Rajasthan. Presently School Chanavada, District Udaipur, Rajasthan.

44. Bharat Kumar S/o Shri Chiman Lal Khatik, Aged About 26 Years, Surajpol Road, Khatikwada, Salumber, District Udaipur, Rajasthan. Presently Posted At Government Senior Secondary School Bhudhar, District Udaipur, Rajasthan.

45. Priyank Arya S/o Shri Bhupendra Arya, Aged About 28 Years, 44 Block-A, Bhuwana, Meera Nagar, District Udaipur, Rajasthan. Presently Posted At Government Senior Secondary School Jhamar Kotra, District Udaipur, Rajasthan.

46. Deepak Sharma S/o Shri Ramdeen Sharma, Aged About 27 Years, Mahadev Kunj, Saipu Road, District Dholpur, Rajasthan. Presently Posted At Government Senior Secondary School Budhar, District Udaipur, Rajasthan.

47. Rakesh Kumar Sharma S/o Shri Madhu Sudan Sharma, Aged About 26 Years, Ukhli, Post Salawad, Tehsil Bakani, District Jhalawar, Rajasthan. Presently Posted At Government Girls Senior Secondary School Raipur, District Jhalawar, Rajasthan.

48. Anita Dhaker D/o Shri Shanti Lal Dhaker, Aged About 26 Years, 100, Sati Mata Ke Pass, Sukhwara, Bhadesar, District Chittorgarh, Rajasthan. Presently Posted At Government Girls Senior Secondary School Charbhuja, District Rajsamand, Rajasthan.

49. Rasna Kumari Jat D/o Shri Dharam Pal, Aged About 24 Years, New Colony, Kishanpura, Bari, District Chittorgarh, Rajasthan. Presently Posted At Government Girls Senior Secondary School Kapasan, District Chittorgarh, Rajasthan.

50. Makhan Singh S/o Shri Bhagwati Prasad, Aged About 27 Years, Singhawali, Barehmori, District Dholpur, Rajasthan. Presently Posted At Government Senior Secondary School Godi Tejpur, District Banswara, Rajasthan.

51. Naresh Kumar Swami S/o Shri Ram Chandra Swami, Aged About 40 Years, Kothi No. 1 B, Shastri Basti, Ward No. 50, District Sri Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School Balicha, District Udaipur, Rajasthan.

52. Shweta Vishnoi D/o Shri Manohar Lal, Aged About 22 Years, Chak 3D Chhoti, Post Sadhuwali, District Sri Ganganagar, Rajasthan. Presently Posted At Government

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Girls Senior Secondary School Wno, Padampur, District Sri Ganganagar, Rajasthan.

53. Meena D/o Shri Duli Chand, Aged About 32 Years, H. No. 902, Chawla Chowk, Purani Abadi, District Sri Ganganagar, Rajasthan. Presently Posted At Government Senior Secondary School Mirjawala, District Sri Ganganagar, Rajasthan.

54. Poonam D/o Shri Shispal, Aged About 24 Years, Ward No. 4, 39 Lnp, District Sri Ganganagar, Rajasthan. Presently Posted At Government Girls Senior Secondary School Rsnr, District Sri Ganganagar, Rajasthan.

----Petitioners Versus

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

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

3. Chief District Education Officer And Ex-Officio, District Project Coordinator, Smagra Siksha Abhiyan, District Ajmer, Rajasthan.

4. State Projector Director, Rajasthan Council Of School Education, Jhawarlal Nehru Marg, Jaipur, Rajasthan.

5. State Project Assistant Director-Ii, Rajasthan Council Of School Education, Jhawarlal Nehru Marg, Jaipur, Rajasthan.

6. Commissioner, Rajasthan Council Of School Education, Jhawarlal Nehru Marg, Jaipur, Rajasthan.

7. Deputy Director, Rashtriya Madhyamik Shiksha Abhiyan, Jaipur, Rajasthan.

8. Pragmatic Educational Society, D-452, Ramphal Chowk, Sector-7, Dwarka, New Delhi-110077 Through Its Director.

9. Basix Academy For Building Lifelong Employability, 315-

274, 2Nd Floor, Garden Of Fivr Senses Road, Behind Saket Metro Station, Saidulajaib, New Delhi-110030, Through Its Director.

10. Aisect, 20-21, Chambal Power House Road, Opposite Sita Devi Hospital, Ramnagar, Hawa Sadak, Jaipur-30201, Through Its Director.

11. Il And Fs Skills Development Corp. Ltd., 1 To 4 (B-17), Madhuban Colony, Near Ajmera Girls Hostel, Kisan Marg, Barkat Nagar, Tonk Road, Jaipur - 302015, Through Its Director.

12. Centum Work Skills India Limited, 127, Neelgagan, Mandi Road, Sultanpur, Mehrauli, New Delhi, Through Its Director.

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13. The Institutes Of Computer Accountants (Ica Edu Skill Pvt. Ltd.), Through Its Director, Pp-6. 3Rd Floor, Pritampura, Near Gapal Mandir, New Delhi.

14. Amass Skill Ventures Pvt. Ltd., For Professional Training And Business Excellence, 2Nf Floor, Sri Krishna Dharam Kanta Complex, Naharpur Rupa More, Ajan Mandi, N.h. 8, Gurrgram, Hariyana, Through Its Director.

15. Care Education And Welfare Society, 2647, Hudson Lane North Campus, Delhi-110009, Through Its Director.

16. Teamlease Service Limited, 6Th Floor Bmtc Commercial Comples, 80 Feet Road, Koramangala, Banglore-560095, Through Its Director.

17. Foresight Edutech Pvt. Ltd. 404, Avalon Apartment Mangalpuri, Mg Road, New Delhi.

18. Labournet, 25/7-4, Cross 9Th A Main Road, Jp Nagar, 2Nd Phase Bangalore-560078, Through Its Director.

19. Gram Tarang Employability Training Service Pvt Ltd., Plot No. 136 And 137, Ramchandrapuram, Po Jatni, Dist. Khurda, Odisha, Pin-752050, Through Its Director.

20. Indian Institute Of Skill Development Pvt. Ltd., B-13, Info City 1, Sector - 34, Gurgaon, Through Its Director.

----Respondents

For Petitioner(s) : Mr. Kuldeep Singh Rathore For Respondent(s) : Mr. P.R. Singh, for respondent Nos.3 to 7 Mr. Suresh Charan, for respondent No.19

JUSTICE DINESH MEHTA

Order

19/05/2023

1. Learned counsel for the petitioners have submitted that the

controversy in question has been decided in S.B. Civil Writ Petition

No.10843/2019: Seema Gupta & Ors. Vs. Union of India & Ors.

2. Learned counsel for the respondents are not in a position to

dispute the aforesaid position of facts and law.

3. The relevant part of the order in Seema Gupta (supra) reads

thus:-

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"After hearing the learned counsel for the parties and looking to the factual matrix of the case, this Court deems it appropriate to dispose of these writ petitions while intervening on a limited count, which is that if the petitioners are having proper qualification and are eligible to be appointed as Vocational Trainers and were duly selected by the respondents strictly in accordance with law on contractual basis, then their services shall not be replaced by another set of contractual Vocational Trainers to be appointed in pursuance of the order dated 20th May, 2019. While observing as above, this Court makes it clear that this court is not inclined to go into the legality of the order dated 20th May, 2019 at this stage as the same is not prejudicial to the interest of the present petitioners. The protection to the petitioners shall be strictly as per their qualification and eligibility and appointment based on legal selection process for the contractual post of Vocational Trainers. The substitution shall not be made by another set of Vocational Trainers being appointed in pursuance of the order dated 20th May, 2019. The respondents shall, however, be free to conduct the services of the petitioners as per the existing project and scheme. Lastly, while addressing the apprehension raised by counsel for the petitioners that their salaries are not being paid in time since long, we direct the respondents to pay the salary to the petitioners as expeditiously as possible."

4. Mr. P.R. Singh, learned counsel for the respondent Nos.3 to 7

submitted that the benefit of the judgment rendered in the case of

Seema Gupta (supra) be allowed to the petitioners only if they are

continuing with the respondents as of today and if their

engagement has been discontinued prior to the present date, they

be not given benefit of the order passed in the case of Seema

Gupta (supra).

5. Submission made by learned counsel Mr. P. R. Singh appears

to be reasonable.

6. Following the adjudication made in case of Seema Gupta

(supra), the petition is disposed of and the respondents are

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