Rajasthan High Court - Jodhpur

Pradeep Kumar Vyas vs State Of Rajasthan ... on 3 October, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14947/2023

1. Pradeep Kumar Vyas S/o Lajja Shankar Vyas, Aged About 59 Years, R/o. Brahman Mohalla Valai Dungarpur District Banswara (Raj.)

2. Satish Chandar Trivedi S/o Laxman Trivedi, Aged About 56 Years, R/o. Surajpole Talwada District Banswara, Rajasthan (Raj.)

3. Dharmesh Joshi S/o Prabhu Lal, Aged About 56 Years, R/o. 6B/403 Ratitalayi, Banswara Rajasthan (Raj.)

4. Rajendra Kumar Bunker S/o Lalji Bunker, Aged About 55 Years, R/o. Ghatol Road, Ghatol District Banswara (Raj.)

5. Yogendra Kumar Ameta S/o Bhanwar Lal Ameta, Aged About 55 Years, R/o. Adarsh Nagar Near Cmho Office Udaipur Road Janawari District Banswara.

6. Chandra Shekhar Pandya S/o Bal Kishan Pandya, Aged About 56 Years, R/o. Prem Sadan Plot- 08, Rajasthan.

7. Mohanlal Dave S/o Lal Shankar Dave, Aged About 54 Years, R/o. Post Talwada Surajpol Mohalla Talwada District Banswara.

8. Veena Vyas W/o Bhartendra Vyas, Aged About 57 Years, R/o. Post Khandu Colony 4/60 Banswara District Banswara.

9. Dinesh Chandra Mehta S/o Dev Shankar Mehta, Aged About 56 Years, R/o. Village Devaliya Post Ghalkiya District Banswara.

10. Sanjay Jain S/o Chandu Lal Jain, Aged About 56 Years, R/o. 04 Commercial Colony Dahodroad District Banswara.

11. Akhtar Mohd. S/o Sikandar Kha, Aged About 56 Years, R/o. Mu. Banswara Nabipura Street Sarkarinala District Banswara.

12. Kalpana Jain S/o Occhab Lal Jain, Aged About 52 Years, R/o. Bahubali Colony Behind Sant Bhawan Vidoday Goshala Ke Samne District Banswara.

13. Manjula Trivedi W/o Jitendra Kumar Trivedi, Aged About 59 Years, R/o. Ward No-6 Holly Chok Village Saredi Badi

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Banswara.

14. Kalpana Bhatt W/o Hemant Kumar Bhatt, Aged About 57 Years, R/o. House No 204 Aakar Tower Udaipur Road District Banswara.

15. Dharmendra Rathore D/o Chandrapal Singh, Aged About 55 Years, R/o. Sajjangarh District Banswara.

16. Sangeeta Devra W/o Pratapsingh Kanbi, Aged About 53 Years, R/o. Sanjeli Dahod. Distt. Dahod, Gujarat.

17. Smt Rita Devra W/o Manohar Singh, Aged About 57 Years,R/o. Peepali Chowk Tambedsar District Banswara.

18. Jagdish Chandra Bhatt S/o Manak Lal Singh, Aged About 57 Years, R/o. Mu. Po Ladela Tehsil Bagidora District Banswara.

19. Kantilal Kalal S/o Moolchand Kalal, Aged About 59 Years, R/o. Shiv Mandir Road Sajangarh District Banswara.

20. Mani Lal Patel S/o Ratanlal Patel, Aged About 58 Years, R/o. Tamnesara Road Sajangarh District Banswara.

21. Velji Patidar S/o Premji Patidar, Aged About 58 Years, R/o.

Chokhla Banswara, Rajasthan.

22. Mogji Patidar S/o Jinteg Patidar, Aged About 58 Years, R/o. Mu. Po. Chokhla Tehsil Bagidora Banswara Rajasthan.

23. Vallabh Patidar S/o Jiteng Patidar, Aged About 59 Years, R/o. Mu. Po. Tehsil Bagidora District Banswara.

24. Shankar Lal Yadav S/o Ramji Yadav, Aged About 60 Years, R/o. Mu. Post Kalijara Tehsil Bagidora District Banswara.

25. Jagdish Chandra Rao S/o Kaliya Ji Rao, Aged About 54 Years, R/o. Mukam Post Bansla, Tehsil Bagidaura, District Banswara.

26. Kailash Chandra Patidar S/o Kailash Chandra Patidar, Aged About 63 Years, R/o. Village And Post Pindrama Tehsil Bagidora District Banswara.

27. Indubala Doshi S/o Dilip Kumar, Aged About 56 Years, R/o. W.no 21 Near Ideal Academy School Ghatol, Banswara Rajasthan.

28. Rangji Dodiyar S/o Late Dhirji Dodiyar, Aged About 62 Years, R/o. Ward No 9 School Fala Agoriya Bada, Sajangarh District Banswara.

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29. Kantilal Nai S/o Jayram Nai, Aged About 60 Years, R/o.

Main Road Sajangarh Tanda Mangla Mangla District Banswara.

30. Beena Dave W/o Lalit Dave, Aged About 60 Years, R/o.

Ward No-7 Dave Mohalla Anjana Banswara, District Banswara.

31. Gangaram S/o Badji Patel, Aged About 62 Years, R/o.

Mukam Chanawala Post Bildi Vaya Kalinjara Sajangarh District Banswara.

32. Jaswant Singh Bhatta S/o Naharsingh, Aged About 58 Years, R/o. Ward No 6 Doongra Kalan District Banswara.

33. Behram Khan Pathan S/o Ajij Khan, Aged About 56 Years, R/o. Village And Post Sajangarh Banswara Rajasthan.

34. Lata Jain W/o Jitendra Gandhi, Aged About 58 Years, R/o.

Commercial Colony, Jain Mandir Ke Pas, Banswara (Raj.)

35. Mukut Bihari Joshi S/o Man Shanker Joshi, Aged About 57 Years, R/o. Mu. Po. Bagidora Tehsil Bagidora District Banswara

36. Smt. Karuna Jani W/o Dilip Jani, Aged About 56 Years, R/o. Mukam Dungra Chota, Panchayat Samiti Sajjangarh, District Banswara.

37. Manjula Shukla W/o Vinod Kumar Shukla, Aged About 57 Years, R/o. A-2, Gokuldham, Banswara.

38. Naresh Chandra Joshi S/o Umashanker Joshi, Aged About 60 Years, R/o. Village And Post Badodiya District Banswara.

39. Rama Trivedi W/o Vidhyadhar Trivedi, Aged About 58 Years, R/o. Village And Post Talwara District Banswara.

40. Nirmal Joshi S/o Babulal Lal, Aged About 56 Years, R/o.

Banswara, Rajasthan.

41. Jayshree Bhatt W/o Ghanshyam Bhatt, Aged About 61 Years, R/o. B 705, Tiyara Residency Mayank Blue Water Kai Pass Bicholi Mardana Indore.

42. Maheshwari Jain W/o Narendra Kumar Jain, Aged About 56 Years, R/o. Ward No.2, Brahmin Mohalla Wale, Dungarpur, Rajasthan.

43. Nalini Upadhyay W/o Ramesh Chandra Upadhyay, Aged About 64 Years, R/o. 101 Sunshine Plot 19 Behind

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Mahesh Nagar Police Station Jaipur.

44. Chandrakanta Parnami S/o Narendra Parnami, Aged About 57 Years, R/o. Naya Fala Bagidora Sajangarh District Banswara.

45. Shankar Lal Nai S/o Amrji, Aged About 55 Years, R/o.

Kharol, Holiwada District Banswara.

46. Basant Lal Sharma S/o Amrit Lal Sharma, Aged About 57 Years, R/o. Post Talwada Surajpol Mohalla Talwada District Banswara.

47. Kusum Sharma W/o Narendra Sharma, Aged About 57 Years, R/o. Bus Stand Sajangarh Tehsil Sajangarh District Banswara.

48. Hemlata Trivedi W/o Lalit Trivedi, Aged About 63 Years, R/o. Talwara, District Banswara.

49. Prakash Chandra Joshi S/o Dhaneshwar Joshi, Aged About 62 Years, R/o. Bagidora, Banswara

50. Bhanumati Rawal W/o Lalit Kumar, Aged About 58 Years, R/o. Village Dadooka, Banswara, Distt. Banswara.

51. Vimla Sanadhya W/o Amrut Lal Sanadhya, Aged About 59 Years, R/o. Village Bhaga Kot, Banswara, Distt. Banswara.

52. Ramesh Chandra Suthar S/o Vasudev Suthar, Aged About 60 Years, R/o. Ward No. 2, Upala Fala, Barodiya, Banswara, Distt. Banswara.

53. Sukhlal Yadav S/o Badiyaji, Aged About 62 Years, R/o.

Village Tunkwada, Tehsil Ganoda, Distt. Banswara.

54. Narayan Singh Chouhan S/o Sawai Singh Chouhan, Aged About 56 Years, R/o. Post Motagaon, Tehsil Ganoda, Distt. Banswara.

55. Ashok Kumar Kattu S/o Basant Lal Kattu, Aged About 60 Years, R/o. Gandhi Marg, Opp. Jain Temple, Kushalgarh, District Banswara.

56. Rekha Kattu W/o Niranjan Lal Kattu, Aged About 60 Years, R/o. Bahubali Colony, Opp. Jain Temple, Banswara

57. Meena Sharma W/o Devilal Sharma, Aged About 58 Years, R/o. Village And Post Moti Bassi, Tehsil Arthuna, Distt. Banswara

58. Geeta Upadhyay W/o Ganesh Lal Upadhyay, Aged About 57 Years, R/o. Village And Post Moti Bassi, Kotiya Mohalla,

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Banswara

59. Smt. Snehlata Dosi W/o Rajendra Prasad Dosi, Aged About 60 Years, R/o. Village And Post Bagidaura (Anandpuri Road), District Banswara

60. Kumudani Chobisa W/o Tarun Chobisa, Aged About 54 Years, R/o. Flat No 204 Gokuldham District Banswara

61. Sulochna Purohit W/o Deepak Chobisa, Aged About 55 Years,R/o. Plot No 2 Amardeep Nagar District Banswara.

62. Rajendra Kumar Munganiya S/o Kishan Lal Munganiya, Aged About 60 Years, R/o. House No.48, Ward No.21, Dosi Mohalla, Sadar Bazar, Tehsil Ghatol, District Banswara.

63. Chandrakanta Trivedi W/o Pradeep Trivedi, Aged About 57 Years, R/o. Sahid Baghat Singh Colony District Banswara (Raj.).

64. Smt. Lata Bhatt W/o Jagdish Chandra Bhatt, Aged About 55 Years, R/o. Mahalaxmi Odichya Vada, Banswara, Distt. Banswara (Raj.)

65. Ajeet Singh S/o Hari Singh Chouhan, Aged About 60 Years, R/o. Cheerwala Gadha, Post Minpur, Tehsil Ganoda, Distt. Banswara.

66. Naresh Kumar Bhatt S/o Vasudev Bhatt, Aged About 60 Years, R/o. Ward No. 2, Nagwada, Banswara District Banswara.

----Petitioners Versus

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

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

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

4. The District Education Officer (Hq), Elementary Education, Banswara (Raj.)

5. The Director, Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur.

                                                                      ----Respondents





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For Petitioner(s)              :     Mr. Sunil Kumar Singodiya, through
                                     VC
For Respondent(s)              :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

03/10/2023

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that the

petitioners may be allowed to file a representation to the

respondents for redressal of their grievance in view of the

judgment rendered by this Court at Jaipur Bench in D.B. Civil

Special Appeal (Writ) No.453/2006 (Narain Swarup Sharma Vs.

The State of Rajasthan & Anr.), decided on 16.04.2015, wherein

the Hon'ble Court held as under:-

"12. Para 3 of the Government Order dated 25.01.1992, speaks of counting the service of 9, 18 & 27 years, from the date of first appointment in the existing cadre/service, in accordance with the provisions contained in the recruitment Rules. There is no mention of the date of joining. In our view, the first appointment would mean the issuance of the appointment order, and not the joining, as explained by the Additional Advocate General.

13. In the legal parlance, there is a difference between the terms 'appointment' and 'joining'. A person may be appointed, with a date given for joining, or that, he may join, under certain circumstances, on a later date. The date of joining will however, not shift his date of appointment. Even if the pay and allowances are to be paid from the date of joining, the first appointment will be treated to be the date, given in the appointment letter. The clarification issued by the State Government, for counting the period of 9, 18 & 27 years, for the purposes of selection grades, is from the date of first appointment, and not the date, on which the Government servant joins.

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14. In view of the above, the Special Appeal is allowed. The judgment of learned Single Judge is set aside. The respondents are directed to count the period of selection grade, for the purposes of 9 years, from the date of the first appointment i.e. 06.02.1996. All the consequential benefits will be given to the petitioner, by counting the date for grant of selection grade, w.e.f. 06.02.1996"

In view of the limited prayer made by the counsel for the

petitioners, the present writ petition is disposed of with liberty to

the petitioners to approach the respondents by way of filing a

representation and the respondents are directed to consider the

same in light of the judgment rendered by this Court in the case

of Narain Swarup Sharma (supra).

It is made clear that the order has been passed based on the

submissions made in the petition, 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.

Needless to say, if the case of the petitioners is not similar to

the case of Narain Swarup Sharma, the respondents will be free to

pass an appropriate order absolutely in accordance with law.

The order has been passed based on the submissions made

in the petition, 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.