Rajasthan High Court - Jodhpur

Devkaran vs State Of Rajasthan ... on 26 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/017726]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7401/2023

1. Devkaran S/o Mathura Lal, Aged About 45 Years, R/o 148, Deeppura, Baniyani, District Kota. At Present Posted At Govt. Primary School Bharkundiphala (Khunta), P.s. Dhariawad, District Pratapgarh.

2. Sampat Lal Dhaker S/o Kashi Ram Dhaker, Aged About 50 Years, R/o Nai Abadi, Ward No. 7, Amarpura, District Chittorgarh. At Present Posted At Govt. Primary School Kali Veli, Gram Panchayatgadariyawas, P.s. Dhariawad, District Pratapgarh .

3. Kanhaiya Lal Meena S/o Dhanna Ji Meena, Aged About 54 Years, R/o Village Patala Bavari, Ward No. 2, Devala, District Pratapgarh. At Present Posted At Govt. Primary School Ambav, P.s. Dhariawad, District Pratapgarh .

4. Suresh Chand Mahawar S/o Kalyan Lal, Aged About 47 Years, R/o Ward No. 5, Shivaji Nagar, Itawa, District Kota. At Present Posted At Govt. Primary School Limbakheda (Gopalpura), P.s. Dhariawad, District Pratapgarh .

5. Kalu Lal Meghwal S/o Dhanna Meghwal, Aged About 43 Years, R/o Upala Phala, Velvi, Ward No. 1, Bildiya, District Pratapgarh. At Present Posted At Govt. Primary School Mangriphala (Bildiya), P.s. Dhariawad, District Pratapgarh.

6. Bholu Ram Teli S/o Devi Lal Teli, Aged About 50 Years, R/ o Rajpura Road, Near Neelam Garden, Nai Mahaveer Colony, Kekari, District Ajmer. At Present Posted At Govt. Primary School Ghatighar (Garm Panchayat Manpur), P.s. Dhariawad, District Pratapgarh .

7. Ratan Lal Meena S/o Sakhaji, Aged About 40 Years, R/o Rohan Phala, Laku Ka Leva, Kanor, District Udaipur. At Present Posted At Govt. Primary School Deepakhera (Khunta), P.s. Dhariawad, District Pratapgarh .

8. Ghanshyam Lal Sharma S/o Radheshyam Sharma, Aged About 48 Years, R/o Vpo Hadon Ki Morwan, Neemari, District Chittorgarh. At Present Posted At Govt. Upper Primary School Bhanawata, District Pratapgarh .

9. Yashwant Singh Mehta S/o Hari Singh Mehta, Aged About 44 Years, R/o Madhuwan Colony, Udaipur Road, Dhariawad, District Pratapgarh. At Present Posted At

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Govt. Primary School Limadiphala, P.s. Dhariawad, District Pratapgarh .

10. Kanhaiya Lal Meena S/o Shiv Lal Meena, Aged About 46 Years, R/o Jalsasar, Dorai, District Chittorgarh. At Present Posted At Govt. Primary School Khedi (Gothara), P.s. Dhariawad, District Pratapgarh .

11. Israr Mohammad S/o Aizaz Mohammad, Aged About 47 Years, R/o Balkundi Kalla, Neemoda, District Chittorgarh. At Present Posted At Govt. Primary School Balaganj, P.s. Bhainsroadgarh, District Chittorgarh .

12. Mohan Lal Mehar S/o Kishan Lal Mehar, Aged About 51 Years, R/o Ward No. 6, Devali Kalla, Ramganj Mandi, Kota, District Kota. At Present Posted At Govt. Primary School Mau, Gram Panchayat Valiseema, P.s. Dhariawad, District Pratapgarh .

13. Bhimraj Meena S/o Kajodiya Ji Meena, Aged About 44 Years, R/o Mangari Phala, Ward No. 6, Sinhar, District Pratapgarh. At Present Posted At Govt. Upper Primary School Mangari Phala (Sinhar), Gram Panchayat Sinhar, P.s. Dhariawad, District Pratapgarh .

14. Ashok Meena S/o Moti Lal Meena, Aged About 45 Years, R/o 131, Gumanpura, Jawahar Nagar 03, Ward No. 8, Gadariyawas, District Pratapgarh. At Present Posted At Govt. Primary School Ghantighar (Sinhar), P.s. Dhariawad, District Pratapgarh.

15. Radheshyam Meena S/o Sheoji Lal Meena, Aged About 45 Years, R/o 101, Meeno Ka Mohalla, Borada, Chhawani, District Bundi. At Present Posted At Govt. Primary School Mahudiphala (Lodiya), P.s. Dhariawad, District Pratapgarh.

16. Rajendra Kumar Bunkar S/o Bodu Ram, Aged About 46 Years, R/o Ward No. 3, Bilpur, District Jaipur. At Present Posted At Govt. S.s.s. Manpur, P.s. Dhariawad, District Pratapgarh .

17. Neeta Nagar D/o Bal Krishan Nagar, Aged About 37 Years, R/o Bafana House, Balaji Road, Near Jain Mandir, Nai Abadi, Pratapgarh. At Present Posted At M.g.g.s. School Paliwal Gali, District Pratapgarh .

18. Bhanwar Lal Meena S/o Gopal Lal Meena, Aged About 48

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Years, R/o Astoli, Ram Nagar, Bundi, District Bundi. At Present Posted At Govt. S.s.s. Nalva, P.s. Dhariawad, District Pratapgarh .

19. Gopal Krishan Meena S/o Partaji Meena, Aged About 51 Years, R/o Wavala Phala, Ward No. 3, Devala, District Pratapgarh. At Present Posted At Govt. Primary School Kalkamata, Gram Panchayat Devla, P.s. Dhariawad, District Pratapgarh .

20. Meghraj Meena S/o Bhagji Meena, Aged About 48 Years, R/o Bhura Phala, Ward No. 1, Mand Kalla, Pipalia, District Pratapgarh. At Present Posted At Govt. S.s.s. Piplia, P.s. Dhariawad, District Pratapgarh .

21. Dhanna Lal Bairwa S/o Ram Kalyan Bairwa, Aged About 45 Years, R/o Bairwa Basti, Ward No. 5, Khejara, District Baran. At Present Posted At Govt. Primary School Hadakhera (Ambav), P.s. Dhariawad, District Pratapgarh .

22. Ram Chandra Meena S/o Mansur Ji Meena, Aged About 45 Years, R/o Ramer Talaab, Post Pipaliya, Ward No. 2, Mand Kalla, P.s. Dhariyawad District Pratapgarh. At Present Posted At Govt. Primary School Hisalaghati, P.s. Sinhar, District Pratapgarh .

23. Babu Lal Dodiyar S/o Phool Shankar Dodiyar, Aged About 46 Years, R/o 48, Ward No. 4, Ganga Gurha, District Pratapgarh. At Present Posted At Govt. Primary School Domar Phala, Gram Panchayat Khunta, P.s. Dhariawad, District Pratapgarh .

24. Jagdish Prasad Bairwa S/o Mishri Lal Bairwa, Aged About 45 Years, R/o Village Ramsar, Post Kherla Khurd, Dausa. At Present Posted At Govt. S.s.s. Chilanadi, Patodi, Barmer.

25. Ganesh Lal Salvi S/o Shambhu Lal Salvi, Aged About 45 Years, R/o Salvi Mohalla, Pipawas, Kotadi, Railmagar, District Rajsamand. At Present Posted At Govt. Primary School Ghati Phala, P.s. Lasadiya, District Udaipur.

26. Ratan Lal Salvi S/o Mohan Lal Salvi, Aged About 44 Years, R/o Salvi Mohalla, Pipawas, Kotadi, Railmagar, District Rajsamand. At Present Posted At Govt. Primary School Mataji Ka Kheda, P.s. Railmagara, District Rajsamand.

27. Arjun Lal Bairwa S/o Pyara Chand, Aged About 43 Years,

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R/o Main Road Moti Khera, Kapasan, District Chittorgarh. At Present Posted At Govt. Primary Veliphala (Lasadiya), P.s. Lasadiya, District Udaipur .

28. Suraj Karan Bairwa S/o Kana Bairwa, Aged About 46 Years, R/o Kotadi, Bhagwantpura, Sarwar, District Ajmer. At Present Posted At Govt. Primary School Baheda, P.s. Anrai, District Ajmer .

29. Ganesh Lal Jat S/o Bheru Lal Jat, Aged About 44 Years, R/ o Gilund, Tehsil Railmagara, District Rajsamand. At Present Posted At Govt. Girls S.s.s. Gilund, P.s. Railmagara, District Rajsamand .

30. Seema Gandharva W/o Puran Mal, Aged About 48 Years, R/o Pala Kheri, District Chittorgarh. At Present Posted At Govt. Primary School Arampura, P.s. Dhariawad, District Pratapgarh .

31. Kani Ram Meena S/o Shankar Lal Meena, Aged About 48 Years, R/o Patel Phala, Ward No. 1, Mand Kallan, Pipalia, District Pratapgarh. At Present Posted At Govt. Primary School Marchimahudi (Bhumaniya), P.s. Dhariawad, District Pratapgarh.

32. Kailash Chand Gujar S/o Champa Lal Gujar, Aged About 44 Years, R/o Gujar Mohalla, Ward No. 5, Bari, District Chittorgarh. At Present Posted At Govt. Primary School Khokhari Khurd, Gram Pachayat Parwariyasakh, P.s. Dhariawad, District Pratapgarh .

----Petitioners Versus

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

2. The Director, Elementary Education, Bikaner (Raj.).

3. The District Education Officer (Elementary Education), Pratapgarh.

4. The District Education Officer (Elementary Education), Chittorgarh.

5. The District Education Officer (Elementary Education), Barmer.

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

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7. The District Education Officer (Elementary Education), Rajsamand.

8. The District Education Officer (Elementary Education), Ajmer.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. V.R. Choudhary
For Respondent(s)         :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

26/05/2023

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that in 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.

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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.