Jitendra Kumar Vyas vs State Of Rajasthan ...
2023 Latest Caselaw 8268 Raj

[2023:RJ-JD:33942]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15607/2023

1. Jitendra Kumar Vyas S/o Shri Ganpat Lal Vyas, Aged About 44 Years, R/o Vpo Dhana, Via Rani, Tehsil Sumerpur, District Pali. At Present Posted At Mahatma Gandhi Govt. School Beda, Tehsil Sumerpur, District Pali.

2. Rajendra Singh S/o Shri Magh Singhji, Aged About 42 Years, R/o Village Asan Melara, Post Phulad, Tehsil Marwar Junction, District Pali. At Present Posted At Govt. Girls Upper Primary School Ranawas Station, Block Marwar Juction, District Pali.

3. Gayatri Katariya D/o Shri Mali Ram, Aged About 47 Years, R/o Vpo Palsana (Seth Ka Mohalla) Tehsil Dataramgarh, District Sikar. At Present Posted At Govt. S.s.s. Dhundhala, P.s. Marwar Junction, District Pali.

4. Kalpana Trivedi W/o Shri Sanjay Kumar Trivedi, Aged About 45 Years, R/o Vpo Imali Vala Bas, Auwa, Tehsil Marwar Juction, District Pali. At Present Posted At Saith Siremal Devraj Nahar Govt. S.s.s. Januda, Block Marwar Juction, District Pali.

5. Dimple Sargani W/o Shri Ravi Prakash Sargani, Aged About 45 Years, R/o Vpo Imali Vala Bas, Auwa, Tehsil Marwar Juction, District Pali. At Present Posted At Govt. S.s.s. Sedariya Balotan, Block Ahore, District Jalore.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. Director, Elementary Education, Bikaner.

3. The District Education Officer (Elementary Education), Jalore, Rajasthan.

4. The District Education Officer (Elementary Education), Pali, Rajasthan.

                                                                 ----Respondents


For Petitioner(s)          :    Mr. Sharad Rajpurohit
For Respondent(s)          :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/10/2023

1. Heard learned counsel for the petitioners.

[2023:RJ-JD:33942] (2 of 3) [CW-15607/2023]

2. 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 28.05.2021passed 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".

3. In view of the matter, learned counsel for the petitioners

submitted 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

[2023:RJ-JD:33942] (3 of 3) [CW-15607/2023]

judgment rendered by this court in the case of Jugal Kishore &

Ors. (supra).

4. 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 twelve weeks from the date of receipt of

certified copy of this order.

5. 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 been

titled to the relief.

6. Stay petition also stands disposed of accordingly.

(VINIT KUMAR MATHUR),J 67-Shahenshah/-

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