Rajasthan High Court - Jodhpur
Sahi Ram Jangu vs State Of Rajasthan ... on 7 November, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:38459]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17868/2023
Sahi Ram Jangu S/o Shri Narian Ram Bishnoi, Aged About 32
Years, Janguwas, Rohicha Kallan, Tehsil Luni, District Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Education Department, Government Secretariat,
Rajasthan, Jaipur
2. The Director (Secondary Education), Bikaner.
3. The District Education Officer (Secondary), District
Jodhpur.
----Respondents
For Petitioner(s) : Mr. Surendra Choudhary
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/11/2023
1. Learned counsel for the petitioner submits that the issue
raised in the present writ petition is squarely covered by judgment
of this Court in Manoj Khandelwal & Ors. v. State of
Rajasthan & Ors. : S.B.C.W.P. No. 7283/2014, decided on
16.07.2014 at Jaipur Bench and the said judgment has been
followed in Krishan Lal & Ors. v. The State of Rajasthan & Ors. :
S.B.C.W.P. No. 19179/2017, decided on 30.10.2017 at Jaipur
Bench. The petitioner is also entitled to the same relief as granted
in the case of Manoj Khandelwal (supra) and Krishan Lal (supra)
claims the petitioner.
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[2023:RJ-JD:38459] (2 of 3) [CW-17868/2023]
2. In view of the submissions made, the writ petition filed by the
petitioner is disposed of with the similar directions as given in the
case of Manoj Khandelwal (supra), which read as under:-
"This Court in Suman Bai and Another Vs. State and
Others - 2009 (1) WLC (Raj.) 381, held that
candidates in lower order of merit cannot become
entitled merely because they had approached court
earlier. Petitioners had a fresh cause of action for
approaching in such situation and their writ petition not
barred either as res judicata or as being him in
properly constituted. This directed the respondents to
treat petitioners senior to respondents, who were in
lower order of merit.
It is further contended in the writ petition that in the
matter of School Lecturers (English) in the same
Department, where appointments were delayed
because of the fault of the State authorities, the
candidates were accorded appointment from the date
the candidates stood lower in merit were appointed and
they have been granted all consequential benefits of
services.
The petitioners approached the respondents by way of
representations for extending them same benefits of
service which have been granted to the candidates who
stood lower in merit than the petitioners, but till date
nothing has been done. Hence, this writ petition on
behalf of the petitioners for a direction to the
respondents to treat their appointment from the date
the candidates lower in merit, were given, with all
consequential benefits of service, such as seniority,
continuity of service, pay fixation, grant of annual
grade increments.
Having regard to the facts of the case, writ petition is
disposed of requiring the petitioners to make a
representation to respondent no.2 - Director,
Secondary Education, Bikaner, alongwith a copy of this
order, who shall, after verifying the facts stated above,
consider and decide the same by a speaking order
within a period of three months from the date of its
making, addressing the grievance of the petitioners for
extending them the relief as prayed for, as the
candidates, who stood lower in merit, are getting
benefit of higher pay, seniority, annual grade
increments and other service benefits including the
selection scales. If the respondent no.2 decides to
place the petitioners above in seniority than the
candidates who stood lower in merit, then the
petitioners would be entitled to all benefits of seniority
but they would be entitled only to notional benefits."
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[2023:RJ-JD:38459] (3 of 3) [CW-17868/2023]
3. For the purpose aforesaid, the petitioner shall file
representation before the competent authority giving out the
requisite details along with certified copy of the order instant
within a period of four weeks from today. On receipt of the
representation, the concerned respondent shall decide the same,
in accordance with law within a period of eight weeks from the
date of receipt of the representation and accord notional benefits
to the petitioner from the date persons similarly situated to the
petitioner and lower in merit were given appointment, if entitled.
4. Upon consideration of the representation so filed, if
respondents find the case of the petitioner to be covered by the
judgment(s) aforesaid, before giving actual benefits, an
undertaking shall be procured from the petitioner to the effect that
his rights/entitlements shall be subservient to the fate of the
judgment(s) aforesaid and in case the same is reversed or
modified in any manner, he shall also be liable for restitution of
any benefits/emoluments so received.
5. The stay petition also stands disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI), J.
320-Sudheer/-
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