Citation : 2023 Latest Caselaw 5359 Raj
Judgement Date : 26 May, 2023
[2023/RJJD/017727]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7288/2023
1. Ram Singh Rajput S/o Jagmal Singh, Aged About 59 Years, R/o Govt. Upper Primary School Aasanda, Tehsil Mandore, District Jodhpur. At Present Posted At Govt. Upper Primary School Aasanda, Block Mandore, District Jodhpur (Raj.).
2. Govind Singh S/o Bhanwar Singh, Aged About 51 Years, R/o Village And Post Kalwa Khurd, Tehsil Pipar City, District Jodhpur. At Present Posted At Govt. Primary School Shivmath, Block Salwa Khurd, District Jodhpur (Raj.).
3. Madan Lal S/o Bhera Ram, Aged About 47 Years, Pipar City, District Jodhpur. At Present Posted At Govt. Primary School Dodiyo Ki Dhani Kagal, Block Pipar City, District Jodhpur (Raj.).
4. Hari Ram Tandi S/o Mangla Ram Tandi, Aged About 49 Years, Village Tandiyon Ki Dhani Kur, Tehsil Pipar City, District Jodhpur. At Present Posted At Govt. Higher Secondary School Kagal, Block Pipar City, District Jodhpur (Raj.).
5. Meera Devi, Aged About 41 Years, Gokal Bera Sarano Ki Dhani Ratkudiya, Tehsil Pipar City, District Jodhpur. At Present Posted At Govt. Primary School Suja Ram Ki Dhani Nagar Kagal, Block Pipar City, District Jodhpur (Raj.).
6. Narsingh Ram S/o Poona Ram, Aged About 51 Years, Village And Post Ramrawas Kallan, Tehsil Pipar City, District Jodhpur. At Present Posted At Govt. Primary School Shouvo Ki Dhani Dudi Ramrawas Kallan, Block Pipar City, District Jodhpur (Raj.).
7. Jagdish Chandra Bishnoi S/o Birama Ram, Aged About 51 Years, Village And Post Ramrawas Kallan, Tehsil Pipar City, District Jodhpur. At Present Posted At Govt. Primary School Mogna Nada, Ramrawas Kallan, Block Pipar City, District Jodhpur (Raj.).
8. Shyam Lal Meghwal S/o Deepa Ram, Aged About 51 Years, Village Chirdhani, Tehsil Pipar City, District Jodhpur. At Present Posted At Govt. Girls Upper Primary School Chirdhani, Block Pipar City, District Jodhpur (Raj.).
[2023/RJJD/017727] (2 of 4) [CW-7288/2023]
9. Shri Ram S/o Sanwata Ram, Aged About 55 Years, Village Khokhariya Ki Dhani, Post Kood, Tehsil Pipar City, District Jodhpur. At Present Posted At Govt. Girls Upper Primary School Chirdhani, Block Pipar City, District Jodhpur (Raj.).
10. Gopal Krishan Sharma S/o L.m. Sharma, Aged About 59 Years, Surana House Holli Chhok Bilara, Tehsil Bilara, District Jodhpur. At Present Posted At Govt. Upper Primary Schoolrunkiya Jatawas, Block Pipar City, District Jodhpur (Raj.).
11. Devi Lal Bunker S/o Heera Lal Bunker, Aged About 49 Years, Village Banoda Post Banoda, Tehsil Salumber, District Udaipur. At Present Posted At Govt. Upper Primary School Payatablab, Block Jhallara, District Udaipur (Raj.).
----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), Jodhpur (Raj.).
4. The Chief District Education Officer, Jodhpur (Raj.)
5. The Chief District Education Officer, Jodhpur (Raj.).
----Respondents For Petitioner(s) : Mr. Balvinder Singh 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 the
identical situation this court vide order dated 25.04.2023 has
[2023/RJJD/017727] (3 of 4) [CW-7288/2023]
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
shall be considered and decided by the respondents in the light of
judgment rendered by this court in case of Jugal Kishore (supra)
[2023/RJJD/017727] (4 of 4) [CW-7288/2023]
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 239-Shahenshah/-
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