Surendra vs State Of Rajasthan ...
2023 Latest Caselaw 9292 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4599/2023

1. Surendra S/o Mahipal, Aged About 34 Years, Village Mukandpura, Post Thathwadi, Tehsil Khetdi, District Jhunjhunu (Raj.) At Present Posted As Sr. Teacher At Govt. Sr. Sec. School, Jalalsar, Bikaner (Raj.).

2. Suresh Kumar S/o Hari Ram, Aged About 34 Years, Near Pwd Rest House, Ward No.32 Nohar, Tehsil Nohar District Hanumangarh (Raj.). At Present Posted As Sr. Teacher At Mahatma Gandhi Govt. School (English Medium), Ward No.4 Rawatsar, Hanumangarh (Raj.).

3. Sunil Kumar S/o Karniram, Aged About 37 Years, V/p Sanjay Nagar Bharu, District Jhunjhunu (Raj.). At Present Posted As Sr. Teacher At Govt. Sr. Sec. School, Bamanwali, Loonkaransar, Bikaner (Raj.).

4. Krishan Kumar S/o Jagdish Prasad, Aged About 40 Years, Vpo Parlika, Tehsil Nohar, District Hanumangarh (Raj.). At Present Posted As Sr. Teacher At Mahatma Gandhi Govt. School (English Medium), Ward No.4 Rawatsar, Hanumangarh (Raj.).

5. Gayn Singh S/o Rawta Ram Chamar, Aged About 40 Years, V/p Barwali, Tehsil Nohar, District Hanumangarh (Raj.). At Present Posted As Sr. Teacher At Govt. Sr. Sec. School, Sirangsar (Nohar), Hanumangarh (Raj.).

6. Navratan Joshi S/o Jethmal Joshi, Aged About 45 Years, Sutharo Ki Badi Guvad, Inside Usto Ki Bari, Bikaner, District Bikaner (Raj.). At Present Posted As Sr. Teacher At Govt. Jawahar Sr. Sec. School, Bhinasar, Bikaner (Raj.).

7. Priyanka D/o Sohanram, Aged About 33 Years, Sector 5, Plot No.14, Behind Gas Godown, Sainik Basti, Churu, District Churu (Raj.). At Present Posted As Sr. Teacher At Govt. Sr. Sec. School, Jaisalsar (Sri Dungargarh), Bikaner (Raj.).

8. Madanlal S/o Amar Singh, Aged About 35 Years, Vpo Fefana, Near Sahakari Samiti, Tehsil Nohar, District Hanumangarh (Raj.). At Present Posted As Sr. Teacher At Govt. Girls Sr. Sec. School, Jasana, Nohar, Hanumangarh

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(Raj.).

9. Manoj Kumar Meghwal S/o Ramdev, Aged About 35 Years, Behind Petrol Pump, Nokha Road Bhinasar, District Bikaner (Raj.). At Present Posted As Sr. Teacher At Govt. Sr. Sec. School Dandusar, Bikaner (Raj.).

10. Mangilal Sharma S/o Mukhram Sharma, Aged About 35 Years, Ward No.2, Nai Abadi, Village Post Sherpura, Tehsil Loonkaransar, District Bikaner (Raj.). At Present Posted As Sr. Teacher At Govt. Sr. Sec. School, Jalalsar, Bikaner (Raj.).

11. Raj Kumar Luihar S/o Dula Ram Luhar, Aged About 38 Years, Village Malasar Post Gogasar, Tehsil Ratangarh, District Churu (Raj.). At Present Posted As Sr. Teacher At Mahatma Gandhi Govt. School (English Medium), Ward No.4 Rawatsar, Hanumangarh (Raj.).

12. Rajesh Jangir S/o Richpal Singh Jangir, Aged About 42 Years, Village Shyopura, Post Lasedi, Tehsil Rajgarh, District Churu (Raj.). At Present Posted As Sr. Teacher At Govt. Sr. Sec. School, Jaisalsar, Bikaner (Raj.).

13. Imran Khan S/o Niyamat Khan, Aged About 43 Years, Ward No.6, Alsisar, District Jhunjhunu (Raj.). At Present Posted As Sr. Teacher At Govt. Upper Primary School, Tedana, Johar, Bigga Bas Ramsara, Sri Dungargarh, Bikaner (Raj.).

14. Baldeo Singh Saini S/o Mota Ram Saini, Aged About 37 Years, Dhun Kot Ki Dhani, Gordhanpura, Palsana, District Sikar (Raj.). At Present Posted As Sr. Teacher At Govt. Adarsh Sr. Sec. School, Pachar, Sikar (Raj.).

15. Omprakash S/o Ratna Ram, Aged About 39 Years, Jasrasar, Via Khuri Badi, Laxmangarh District Sikar (Raj.). At Present Posted As Sr. Teacher At Govt. Sr. Sec. School, Lavanda, Fatehpur, District Sikar (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Secondary) Government Of Rajasthan, Secretariat, Jaipur.

2. The Director (Secondary) Education, Rajasthan Bikaner.

3. Joint Director (School Education), Bikaner Division,

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Bikaner.

4. Joint Director (School Education), Churu Division, Churu.

5. Joint Director (School Education), Jaipur Division, Jaipur

----Respondents

For Petitioner(s) : Mr. Shushil Bishnoi For Respondent(s) : Mr. Hemant Choudhary, AGC

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

08/11/2023

1. The petitioners have preferred the present writ petition

claiming the following reliefs :-

"a. By an appropriate writ, order or direction, the respondents may kindly be directed to give the benefit of Annual Career Progression to the petitioners while treating their date of joining which has been treated while granting the notional benefits with all consequential benefits and pay fixation of the petitioners to be given accordingly.

b. By an appropriate writ, order or direction, the respondents may kindly be directed to give the benefit of ACP from the date of completion of nine years of service counting from the date of joining (notional) of the petitioners.

C. By an appropriate writ, or direction, the respondents may kindly be directed to release the benefit of ACP from their actual due date and release the arrear with interest of 12% per annum till its actual payment. "

2. Learned counsel for the petitioner has straightway taken this

Court to Annex.7, which is an office order dated 13.07.2023 and

has demonstrated from the person in the order at serial no.1 -

Shri Ram Niwas, who is working as a Senior Teacher and was

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appointed on 04.07.2015, but the notional benefits of

appointment was given from 18.09.2012 to him and thus, after

completion of 9 years on 18.09.2021, he has been given Annual

Career Progression.

3. Learned counsel for the petitioner has referred to the

following judgments rendered by this Court:-

i. Rakesh Kumar Meena & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4479/2022), decided on 04.02.2023.

ii. Rajneesh Labana & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.12391/2022), decided on 17.11.2022.

4. Learned counsel for the respondent is unable to refute the

aforesaid factual matrix of Annex.7, as stated by learned counsel

for the petitioner and is also not in a position to refute the order

treating the notional date for the experience to be counted in the

form of Rakesh Kumar Meena (supra) and Rajneesh Labana

(supra).

5. In light of the limited submission, the present petition is

disposed of while directing the respondents to consider the case of

the petitioner for ACP at par with serial no.1- Shri Ram Niwas of

Annex.7 and in the same way, his notional date be treated as the

date from which the experience of 9 years has to be counted,

while also keeping into consideration the judgment of Rakesh

Kumar Meena (supra) and Rajneesh Labana (supra) and such

consideration shall be done within a period of three months from

the date of receipt of certified copy of this order strictly in

accordance with law.

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6 All pending applications also stand disposed of.

(DR.PUSHPENDRA SINGH BHATI),J 32-Sudheer/-

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