Achla Ram vs State Of Rajasthan ...
2023 Latest Caselaw 7833 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 12915/2021

1. Achla Ram S/o Shri Puka Ram Nayak, Aged About 44 Years, Gram Panchayat Pachetiya, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

2. Kana Ram S/o Shri Puna Ram, Aged About 29 Years, Gram Panchayat Ranawas, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

3. Dhanna Ram S/o Shri Mula Ram, Aged About 35 Years, Gram Panchayat Hingota Khurd, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

4. Bhanwar Lal S/o Shri Manroop Ji, Aged About 35 Years, Gram Panchayat Itandra Med, Panchayat Samiti Rani, District Pali, Rajasthan.

5. Ashok Kumar S/o Shri Kolu Ram, Aged About 44 Years, Gram Panchayat Salariya, Panchayat Samiti Rani, District Pali, Rajasthan.

6. Teja Ram S/o Shri Megha Ram, Aged About 45 Years, Gram Panchayat Bithuda Kalan, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

7. Sharwan Kumar S/o Shri Ghisa Ram, Aged About 41 Years, Gram Panchayat Banta, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj (Panchayati Raj), Government Of Rajasthan, Jaipur, Rajasthan.

2. Deputy Secretary, Rural Development And Panchayati Raj Department, Secretariat, Jaipur, Rajasthan.

3. District Collector, Pali, District Pali, Rajasthan.

4. Chief Executive Officer, Zila Parishad, Pali, Rajasthan.

5. Development Officer, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

6. Development Officer, Panchayat Samiti Rani, District Pali, Rajasthan.

7. Gram Panchayat Pachetiya, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

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8. Gram Panchayat Gram Panchayat Ranawas, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

9. Gram Panchayat Gram Panchayat Hingota Khurd, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

10. Gram Panchayat Gram Panchayat Itandra Med, Panchayat Samiti Rani, District Pali, Rajasthan Through Its Sarpanch.

11. Gram Panchayat Gram Panchayat Salariya, Panchayat Samiti Rani, District Pali, Rajasthan Through Its Sarpanch.

12. Gram Panchaayat Gram Panchayat Bithuda Kalan, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

13. Gram Panchayat Gram Panchayat Banta, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 7274/2021

1. Ramesh Bawal S/o Shri Peera Ram Meghwal, Aged About 45 Years, R/o Gram Panchayat Isali, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

2. Jagdish Nayak S/o Shri Amra Ram Nayak, Aged About 31 Years, R/o Gram Panchayat Boranadi, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

3. Amar Bharti S/o Shri Mula Bharti, Aged About 45 Years, R/o Gram Panchayat Chirpatiya, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

4. Surya Prakash S/o Shri Dhana Ram Joshi, Aged About 29 Years, R/o Gram Panchayat Kavaliya Kala, Panchayat Samiti Jaitaran, District Pali, Rajasthan.

5. Narayan Lal S/o Shri Vachna Ram Gurjar, Aged About 40 Years, R/o Gram Panchayat Sehwaj, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

6. Narsingh Regar S/o Shri Pratap Ram Regar, Aged About 41 Years, R/o Gram Panchayat Saran, Panchayat Samiti

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Marwar Junction, District Pali, Rajasthan.

7. Dhagla Ram S/o Shri Lumba Meghwal, Aged About 38 Years, R/o Gram Panchayat Basni Jojawar, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

8. Ganpat Das S/o Shri Bhur Das, Aged About 52 Years, R/o Gram Panchayat Bhimaliya, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

9. Manohar Singh S/o Shri Bhanwar Singh, Aged About 40 Years, R/o Gram Panchayat Bagol, Panchayat Samiti Desuri, District Pali, Rajasthan.

10. Prakash Kumar S/o Shri Malal Ram, Aged About 42 Years, R/o Gram Panchayat Kishanpura, Panchayat Samiti Rani, District Pali, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj (Panchayati Raj), Government Of Rajasthan, Jaipur, Rajasthan.

2. Deputy Secretary, Rural Development And Panchayati Raj Department, Secretariat Jaipur, Rajasthan.

3. District Collector, Pali, District Pali, Rajasthan.

4. Chief Executive Officer, Zila Parishad, Pali, Rajasthan.

5. Development Officer, Panchayat Samiti Marwar Junction, District Pali, Rajasthan.

6. Development Officer, Panchayat Samiti Jaitaran, District Pali, Rajasthan.

7. Development Officer, Panchayat Samiti Desuri, District Pali, Rajasthan.

8. Gram Panchayat Isali, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

9. Gram Panchayat Chirpatiya, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

10. Gram Panchayat Chirpatiya, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

11. Gram Panchayat Kavaliya Kala, Panchayat Samiti Jaitaran, District Pali, Rajasthan Through Its Sarpanch.

12. Gram Panchayat Sehwaj, Panchayat Samiti Marwar

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Junction, District Pali, Rajasthan Through Its Sarpanch.

13. Gram Panchayat Saran, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

14. Gram Panchayat Basni Jojawar, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

15. Gram Panchayat Bhimaliya, Panchayat Samiti Marwar Junction, District Pali, Rajasthan Through Its Sarpanch.

16. Gram Panchayat Bagol, Panchayat Samiti Desuri, District Pali, Rajasthan Through Its Sarpanch.

17. Gram Panchayat Kishanpura, Panchayat Samiti Rani, District Pali, Rajasthan Through Its Sarpanch.

----Respondents

For Petitioner(s) : Mr. Kuldeep Singh For Respondent(s) : Mr. Deepak Chandak for Mr. Pankaj Sharma, AAG

JUSTICE DINESH MEHTA

Order

04/10/2023

1. Learned counsel appearing for the parties state that the

controversy involved in the instant writ petitions stands covered

by the judgment dated 24.11.2008 rendered by the co-ordinate

Bench of this Court in the case of Ms. Sarla Bhargava vs. State of

Rajasthan : S.B. Civil Writ Petition No. 4566/2008. They,

therefore, submitted that the instant writ petitions be also allowed

in the same terms.

2. Consequently, both the writ petitions are allowed in the light

of decision rendered in the case of Ms. Sarla Bhargava (supra) in

the following terms:

3. The respondents are directed to treat the orders dated

27.03.1989 and 21.12.1989 as orders of regular promotion to the

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petitioners as Lecturer, School Education. Petitioners are declared

entitled for getting selection grade on completion of 10 years of

service from the date they joined duties in pursuance to the

orders dated 27.03.1989 and 21.12.1989.

4. The petitioners shall be entitled for all the arrears accruing

consequent to the fixation required to be made in terms of the

directions given above. The entire exercise be completed within a

period of three months from the date of receipt of copy of this

order.

5. Stay applications also stand disposed of, accordingly.

(DINESH MEHTA),J 476-477-Mak/-

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