Rajasthan High Court - Jodhpur
Indra Ram Chowdhary vs State Of Rajasthan (2023:Rj-Jd:40402) on 23 November, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:40402]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8115/2020
1. Indra Ram Chowdhary S/o Shri Ladha Ram, Aged About
44 Years, R/o Village Bhadua Ka Der, Nokh, Panchayat
Samiti Barmer Rural, District Barmer.
2. Dammi Choudhary W/o Shri Lekh Raj, Aged About 41
Years, R/o Bhomani Siyago Ki Dhani, Setrau, District
Barmer.
3. Ummeda Ram S/o Shri Kheta Ram, Aged About 46 Years,
R/o Bhomani, Siyago Ki Dhani, Setrau, District Barmer.
4. Bhalla Ram Chowdhary S/o Shri Dharma Ram Chowdhary,
Aged About 46 Years, R/o Hiranagar, Shobhala Jetmal,
Panchayat Samiti Dhorimanna, District Barmer.
5. Khemraj Parihar S/o Shri Rupa Ram Parishar, Aged About
46 Years, R/o Bhomani Meghwalo Ki Dhani, Nokhda Via
Sindhari, Tehsil Gudamalani, District Barmer.
6. Tiloka Ram Choudhary S/o Shri Fusa Ram, Aged About 53
Years, R/o Anakhiya Via Sindhari, Tehsil Gudamalani,
District Barmer.
7. Laccha Ram S/o Shri Pokra Ram Jani, Aged About 46
Years, R/o Gram Panchayat Posal, Panchayat Samiti Shiv,
Barmer.
----Petitioners
Versus
1. State Of Rajasthan, Through The Director, Elementary
Education, Bikaner.
2. The District Education Officer (Headquarter), Elementary
Education Barmer.
3. The Zila Parishad Barmer, Through Its Chief Executive
Officer.
4. The Panchayat Elementary Eduction Officer/ Principal,
Government Senior Secondary School, Sanjata Panchayat
Samiti Barmer Rural, District Barmer.
5. The Panchayat Elementary Eduction Officer/ Principal,
Government Senior Secondary School, Setrau, Panchayat
Samiti Ramsar, District Barmer.
6. The Panchayat Elementary Eduction Officer/ Principal,
Government Senior Secondary School, Shobhala Jetmal,
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[2023:RJ-JD:40402] (2 of 5) [CW-8115/2020]
Panchayat Samiti Dhorimanna, District Barmer.
7. The Panchayat Elementary Eduction Officer/ Principal,
Government Senior Secondary School, Nokhda,
Panchayat Samiti Adel, District Barmer.
8. The Panchayat Elementary Eduction Officer/ Principal,
Government Senior Secondary School, Anakhiya,
Panchayat Samiti Adel, District Barmer.
9. The Panchayat Elementary Eduction Officer/ Principal,
Government Senior Secondary School, Posal, Panchayat
Samiti Shiv, District Barmer.
----Respondents
For Petitioner(s) : Ms. Ayushi Solanki for Mr. Sushil
Solanki
For Respondent(s) : Mr. K.K. Bissa, AGC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/11/2023
1. Learned counsel for the parties submits that issue involved in
the present writ petition is no more res-integra as the same has
already been decided by a Coordinate Bench of this Hon'ble Court
in Khushvir Singh & Ors. Vs. State of Rajasthan & Ors. (S.B.
Civil Writ Petition No.10909/2020) decided on 18.10.2023,
which reads as follows:-
"1. By way of the present writ petition, the petitioners
have challenged the order dated 12.06.2020 and order
dated 14.06.2020 (Annexures-4 & 5, respectively),
whereby the respondents have reviewed the earlier
order by which actual/ notional benefits were granted
to the petitioners. By way of impugned order the
recovery of the amount paid in excess has also been
initiated.
[2023:RJ-JD:40402] (3 of 5) [CW-8115/2020]
2. Learned counsel for the petitioners submitted that
the petitioners have not mislead or misrepresented and
benefits which were granted to them by the respondent
- State was in accordance with law. It was submitted
that the issue involved in the present writ petition has
already been set at rest by the co- ordinate Bench of
this Court vide its judgment dated 13.08.2019 in the
case of Dal Chand Jat vs. The State of Rajasthan & Ors.
: S.B. Civil Writ Petition No. 3063/2019.
3. Mr. H.G. Chanda, associate of Mr. K.K. Bissa,
learned counsel for the respondents submitted that an
appeal has been preferred by the State against the
judgment in the case of Dal Chand Jat (supra) and the
same is pending consideration and therefore, the
present writ petition be kept pending.
4. However, learned counsel for the respondents was
not in a position to dispute the position of law, as has
been settled by this Court in the case of Dal Chand Jat
(supra).
5. Having heard learned counsel for the parties and
considering the submissions made at the bar, this
Court is of the view that no fruitful purpose would be
served by keeping the matter pending, particularly
when an interim order has been passed in petitioners'
favour by this Court on 19.10.2020.
6. In the case of Dal Chand Jat (supra), this Court has
held thus:
"After hearing counsel for the parties and perusing
record of the case, this Court finds that the purport
of the case law mentioned above are that the
petitioners, who were equally entitled and eligible
to be appointed on the post of Teacher Gr.-III
where out of advertisement of 2012-2013 at level
I and level II for various subjects are to be treated
at par with each other. The discrimination on
account of joining duties due to various bone of
contentions relating to eligibility and qualifications
have been nullified by aforesaid judgments,
[2023:RJ-JD:40402] (4 of 5) [CW-8115/2020]
including in the case of Hemlata Shrimali (supra)
and since all the candidates who are now found
eligible and as per existing case law and the
judgments of the Apex Court, they have to be
treated at par with each other. There cannot be
any doubt regarding expressions made by this
Court in the previous litigation that these all the
petitioners who stand in merit and who have
qualified 2012-2013 recruitment for the post of
Teacher Grade-III would be entitled for the
notional benefits for the purpose including pay
fixation and seniority from the date their
equivalent or lesser merit person in that phase of
recruitment was given such benefits. This Court
also finds that focal averment raised by the
respondents that no monetary benefits can be
accorded to the petitioners for the period when
they were not actually discharging services, is also
a consistently answered in the precedent of law
laid down by this Court. Thus, taking strength from
the same precedent of law as cited by counsel for
the parties, these petitions are disposed off with a
direction to the respondents that petitioners shall
be paid the notional benefits, including benefits of
seniority and pay fixation from the stage when the
appointment of persons at the same or lesser
merit were appointed. However, no monetary
benefits where the petitioners not having
discharged actual services would be payable.
Needless to say that any notional fixation or any
notional benefits which has resulted into current
payment and current position where the
petitioners are discharging their services, shall not
be recovered and shall be continued to be paid.
In view of the aforesaid, it is directed that no
recovery in line with the aforesaid observations be
made from the petitioners."
7. In view of the aforesaid, the writ petition is allowed.
8. The impugned orders dated 12.06.2020 and
14.06.2020 (Annexures-4 & 5, respectively) are
quashed and set aside qua the petitioners
9. Stay application also stands disposed of,
accordingly."
[2023:RJ-JD:40402] (5 of 5) [CW-8115/2020]
2. In view of the aforesaid, the present writ petition is allowed
and the impugned orders dated 14.06.2020 (Annex.3) &
18.06.2020 (Annex.4) are quashed and set aside qua the
petitioners.
3. All pending applications, if any, also stands disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
160-Sudheer/-
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