Rajasthan High Court - Jodhpur
Roop Singh Meena vs State Of Rajasthan ... on 3 October, 2023
Bench: Vinit Kumar Mathur
[2023:RJ-JD:32282]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15108/2023
1. Roop Singh Meena S/o Shri Mishra Lal Meena, Aged About
51 Years, R/o.Village Akhawada, Post Shekhpura, Tehsil
Todabhim, District Karauli.
2. Hukam Chand S/o Shri Prasadee Meena, Aged About 51
Years, R/o.Village Khootda, Tehsil Gangapur City, District
Sawai Madhopur.
3. Sumer Meena S/o Shri Ram Charan Meena, Aged About
47 Years, R/o.Village Ramsinghpura, Post Shafipura,
District Sawai Madhopur.
4. Mohar Singh Meena S/o Shri Chand Meena, Aged About
48 Years, R/o.Village Ukeri, Post Bhooda, Tehsil Rajgarh,
District Alwar.
5. Anita Yadav D/o Shri Umrao Singh W/o Ved Prakash,
Aged About 38 Years, R/o.Village Dhaninaata, Post
Pacheri Bari, Tehsil Buhana, District Jhunjhunu.
6. Duda Ram S/o Shri Bhika Ram, Aged About 54 Years,
R/o.Village Rathoro Ka Bas Bala, Tehsil Bilara, District
Jodhpur.
7. Dayal Singh Rathore S/o Shri Karan Singh Rathore, Aged
About 49 Years, R/o.Village / Post Ramasni, Via Bhavi,
Tehsil Bilara, District Jodhpur.
8. Chandrakanta Sharma W/o Shri Jai Prakash, Aged About
54 Years, R/o.Mukam Post Hungaon Kallan, Via Bhavi,
Tehsil Bilara, District Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Primary Education, Government Of
Rajasthan, Government Secretariat, Jaipur.
2. The Director, Elementary Education, Government Of
Rajasthan, Bikaner.
3. The District Education Officer, Elementary Education,
Jodhpur.
4. The District Education Officer, Elementary Education,
Alwar.
----Respondents
[2023:RJ-JD:32282] (2 of 3) [CW-15108/2023]
For Petitioner(s) : Ms. Ayushi Solanki for
Mr. Sushil Solanki
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/10/2023
Heard learned counsel for the petitioners.
Learned counsel for the petitioners submits that in identical
situation this court vide order dated 25.04.2023 has 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".
[2023:RJ-JD:32282] (3 of 3) [CW-15108/2023]
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)
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
135-/vivek/-
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