Om Prakash vs State Of Rajasthan ...
2023 Latest Caselaw 8479 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16520/2023

1. Om Prakash S/o Sh. Teja Ram, Aged About 38 Years, Resident Of Village And Post Ketu Kalan Tehsil- Shergarh,, District -Jodhpur.(Raj.)

2. Manoj Kumar Meena S/o Sh. Kishor Ram Meena, Aged About 31 Years, Resident Of Village And Post Naya Bas, Narwala, Senthli, District Alwar.(Raj.)

3. Naresha D/o Sh. Heera Ram, Aged About 30 Years, Resident Of Village And Post Goganada, Singar, District - Nagaur .(Raj.)

4. Kiran W/o Sh. Nimba Ram, Aged About 33 Years, Resident Of Village And Post 50, Dhigariyan, Khojas, Khunkhuna, District Nagaur.(Raj.)

5. Raja Ram S/o Sh. Arjun Ram, Aged About 35 Years, Resident Of Village And Post Manju Bas, Jamba Ki Dhani,, District Jodhpur.(Raj.)

6. Sampat Yadav S/o Sh. Dhura Ram, Aged About 36 Years, Resident Of Village And Post Sudrasan, Berichhoti, District Nagaur.(Raj.)

7. Shravan Kumar S/o Sh. Loon Chand, Aged About 38 Years, Resident Of Village And Post Bapu Nagar, District Jalore.(Raj.)

8. Rakesh Kumar S/o Sh. Hanuman, Aged About 31 Years, Resident Of Village And Post 74 Lnp, District Sri Ganganagar.(Raj.)

9. Jaynarayan Meena S/o Sh. Bhagwan Sahay, Aged About 36 Years, Resident Of Village And Post Malpura,, District Dausa.(Raj.)

10. Kishana Ram Bamniya S/o Sh. Lasa Ram Bamniya, Aged About 39 Years, Resident Of Village And Post Baori,, District Jalore.(Raj.)

11. Raghunath Ram S/o Sh. Lala Ram, Aged About 33 Years, Resident Of Village And Post Mando Ki Dhani, Sarnau,, District Jalore.(Raj.)

12. Mukesh Krishnan S/o Sh. Shivlal, Aged About 40 Years, Resident Of Village And Post Dholi Tehsil- Ramgarh,,

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District Alwar.(Raj.)

13. Moti Lal Meena S/o Sh. Banshidhar Meena, Aged About 38 Years, Resident Of Village And Post Bagawas Chaurasi, Tehsil Viratnagar, District -Jaipur.(Raj.)

14. Mukesh S/o Sh. Girdhari Lal, Aged About 39 Years, Resident Of Village And Post Laxmi Tara Cinema Ke Pass, Ladnu,, District Nagaur.(Raj.)

15. Kadu Ram Meena S/o Sh. Giraraj Prasad Meena, Aged About 35 Years, Resident Of Village And Post Milak Saray, District -Karauli.(Raj.)

16. Satyaveer Singh S/o Sh. Hardan, Aged About 35 Years, Resident Of Village And Post Basana, Tehsil Bansur, District Alwar.(Raj.)

17. Bhanwar Singh Jatav S/o Sh. Bharosi Lal Jatav, Aged About 39 Years, Resident Of Village And Post Gunesra,, District -Karauli.(Raj.)

18. Rajesh Kumar Raigar S/o Sh. Chhitara Mal Raigar, Aged About 31 Years, Resident Of Village And Post Ward No.28, Shiv Colony, Manoharpur, District Jaipur.(Raj.)

19. Manesh Kumar Meena S/o Sh. Hari Ram Meena, Aged About 30 Years, Resident Of Village And Post Agraya, Kalwari,, District Alwar.(Raj.)

20. Suman Kumari D/o Sh. Sardara Ram, Aged About 34 Years, Resident Of Village And Post Bijaraniya Ki Dhani, Ward No.01, Hukampura,, District Jhunjhunu.(Raj.)

21. Rajesh Kumar S/o Sh. Satyveer Singh, Aged About 38 Years, Resident Of Village And Post Kuloth Khurd, Kuloth Chhoti , District -Jhunjhunu.(Raj.)

22. Vinod Kumar Meena S/o Sh. Brijlal Meena, Aged About 30 Years, Resident Of Village And Post Kayampur, Tehsil- Mahawa,, District -Dausa.(Raj.)

23. Harikesh Meena S/o Sh. Lalpati Meena, Aged About 34 Years, Resident Of Village And Post Rodhani, Mandrali, District -Karauli.(Raj.)

24. Mahendra Ram S/o Sh. Nema Ram, Aged About 35 Years, Resident Of Village And Post Binto Ka Bas, Kosana,, District -Jodhpur.(Raj.)

25. Mahendra Kaswa S/o Sh. Heera Ramam, Aged About 33

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Years, Resident Of Village And Post Kaswo Ka Bas, Ustran,, District -Jodhpur.(Raj.)

26. Manju Saini D/o Sampat Ram Saini, Aged About 32 Years, Resident Of Village And Post Ramdev Mandir Ke Pas, Maliyo Ka Bas, Piparcity,, District -Jodhpur.(Raj.)

27. Rajveer Jat S/o Sh. Ramprasad Jat, Aged About 34 Years, Resident Of Village And Post Plot No.107, Karoli Tara Chand, Tehsil- Khandar, District Sawai Madhopur.(Raj.)

28. Dheeraj Kumar Arvind S/o Sh. Sukhchandi Ram, Aged About 33 Years, Resident Of Village And Post Kheri Devisingh, District - Bharatpur .(Raj.)

29. Virendra Kumar Nehra S/o Sh. Deepchand Nehra, Aged About 31 Years, Resident Of Village And Post 8-Harijan Mohalla, Ratusar, District - Hanumangarh .(Raj.)

30. Brijakishor S/o Sh. Bijendra Singh, Aged About 35 Years, Resident Of Village And Post Nidhaira Khurd, Tehsil- Saipau District -Dholpur.(Raj.)

31. Durgesh Kumar S/o Sh. Badri Lal, Aged About 37 Years, Resident Of Village And Post Fiter Tenk, Senior Secondary School Ke Uper, Jawahar Sagar Bandh,, District Bundi. (Raj.)

32. Ashok Kumar S/o Sh. The Singh, Aged About 37 Years, Resident Of Village And Post Nagla Barela, Bachhamadi Noh, Dist. Bharatpur.(Raj.)

33. Vinod Kumar Mahawar S/o Sh. Mangti Lal Mahawar, Aged About 38 Years, Resident Of Village And Post Saran Ki Dhani, Ratkudiya, Dist. Jodhpur.(Raj.)

34. Sumer Singh S/o Sh. Banshidhar, Aged About 30 Years, Resident Of Village And Post Barsinghpura, District - Sikar.(Raj.)

35. Mahendra Singh Gurjar S/o Sh. Dharm Singh Gurjar, Aged About 35 Years, Resident Of Village And Post Machchipura, Gangapur, District Sawai Madhopur.(Raj.)

36. Mohan Singh Dagur S/o Sh. Kishan Singh Dagur, Aged About 38 Years, Resident Of Village And Post Hukmikhera, District -Karauli.(Raj.)

37. Rajendra Choudhary S/o Sh. Shyokishan Choudhary, Aged About 31 Years, Resident Of Village And Post Kookar, District -Tonk.(Raj.)

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38. Bachchu Singh S/o Sh. Alam Singh, Aged About 38 Years, Resident Of Village And Post Pahari, District Karauli.(Raj.)

39. Kapil Choudhary S/o Sh. Har Dev Choudhary, Aged About 29 Years, Resident Of Village And Post Magorra, District - Mathura.(Up)

40. Gautam Kumar S/o Sh.shyamlal Saini, Aged About 34 Years, Resident Of Village And Post Bhusawar Gate, Weir, District -Bharatpur.(Raj.)

41. Ram Bharat Meena S/o Sh. Mangi Lal Meena, Aged About 34 Years, Resident Of Village And Post Sabzipura, Talav, Piplda Talab, District -Kota.(Raj.)

42. Surjit S/o Sh. Maharaj Singh, Aged About 32 Years, Resident Of Village And Post Intkhera, Khunt Khera, District -Bharatpur.(Raj.)

43. Balbir Singh S/o Sh. Bhagirath Singh, Aged About 39 Years, Resident Of Village And Post Ward No.09, Sonasar, District -Jhunjhunu.(Raj.)

44. Jagmohan S/o Sh. Jhabar Mal Bagaria, Aged About 35 Years, Resident Of Village And Post Ward No.28, Santosh Nagar, Jaipur Public School Ke Samne, Jaipur Road Sikar, District Sikar.(Raj.)

45. Chanda Meena D/o Sh. Biradh Lal Meena, Aged About 38 Years, Resident Of Village And Post Samarba, District - Bundi.(Raj.)

46. Lalita Kumari D/o Sh. Raghunath Ram, Aged About 35 Years, Resident Of Village And Post Ward No.06, Amarpura, District Sikar.(Raj.)

47. Seema Kashyap D/o Sh. Ganhavasi, Aged About 34 Years, Resident Of Village And Post Pnb Bank Vala Mohala, Rareh,, District -Bharatpur.(Raj.)

48. Vishram Devi Icholiya D/o Sh. Laxman Icholiya, Aged About 30 Years, Resident Of Village And Post Mandawara, Tehsil-Phagi, District Jaipur.(Raj.)

49. Kavita Kumari D/o Sh. Ramesh Kumar, Aged About 29 Years, Resident Of Village And Post Naurangpura, District

- Churu .(Raj.)

50. Bijendra Kumar Meena S/o Sh. Mohan Lal Meena, Aged About 40 Years, Resident Of Village And Post Barla, District Alwar.(Raj.)

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51. Kadu Ram S/o Sh. Ramprasad Mahawar, Aged About 35 Years, Resident Of Village And Post Dundipura, Kishorpura, District Karauli.(Raj.)

52. Ram Niwas Meena S/o Sh. Bhagavan Shai Meena, Aged About 36 Years, Resident Of Village And Post Kali Khad Ki Dhani, Ghadoli, Hans Mahal, District Jaipur.(Raj.)

53. Yuvraj Kuldeep S/o Sh. Chhigan Lal Kuldeep, Aged About 33 Years, Resident Of Village And Post Nindar, Raigaro Ka Mohalla, Ward No.01, , Nindar, Harmada, District Jaipur. (Raj.)

54. Sumaran Singh S/o Sh. Shiv Ram, Aged About 38 Years, Resident Of Village And Post Nyotha, District -Bharatpur. (Raj.)

55. Pintu Ram Meena S/o Sh. Gopi Ram Meena, Aged About 38 Years, Resident Of Village And Post Biharpura, Mansar Khedi, Bassi, District Jaipur.(Raj.)

56. Lokesh Kumar Verma S/o Sh. Chiranji Lal Verma, Aged About 38 Years, Resident Of Village And Post Hasampura, Bhankrota, Sanganer,, District Jaipur.(Raj.)

57. Jagat Singh S/o Sh. Jagram Gurjar, Aged About 32 Years, Resident Of Village And Post Kamlpur,, District Alwar. (Raj.)

58. Ramveer Singh S/o Sh. Baula Ram, Aged About 30 Years, Resident Of Village And Post Meena Mohalla, Shyopura, Bahtana,, District Bharatpur.(Raj.)

59. Pratap Singh Tanwar S/o Sh. Laxman Singh Tanwar, Aged About 30 Years, Resident Of Village And Post Jalpiwas, Tehsil -Mundawar, District -Alwar.(Raj.)

60. Jitendra Khinchi S/o Sh. Ram Lal Khinchi, Aged About 38 Years, Resident Of Village And Post Sursura, Madangarnj, Kishangarh, District Ajmer.(Raj.)

61. Neelendra Kumar S/o Sh. Ramesh Chand, Aged About 39 Years, Resident Of Village And Post Nabhera, District - Bharatpur.(Raj.)

62. Ramswaroop Barwar S/o Sh. Nanu Ram Barwar, Aged About 35 Years, Resident Of Village And Post Asalsar, District Nagaur.(Raj.)

63. Manoj Kumar Meena S/o Sh. Birbal Meena, Aged About 31 Years, Resident Of Village And Post Dala Ka Bas,

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District - Jaipur.(Raj.)

64. Arjun Ram S/o Sh. Amara Ram, Aged About 35 Years, Resident Of Village And Post Khuri Kalan, District -Nagaur. (Raj.)

65. Davender Meena S/o Sh. Birj Lal Meena, Aged About 34 Years, Resident Of Village And Post 211, Shiv Shakti Vihar, Boytawala,, District Jaipur.(Raj.)

66. Lekhraj Saini S/o Sh. Ram Singh, Aged About 34 Years, Resident Of Village And Post Naya Shahar Baipass, Tijara, District -Alwar.(Raj.)

67. Ram Gopal Bangali S/o Sh. Ram Sahay Bangali, Aged About 34 Years, Resident Of Village And Post Ward No.11, Rajpura, District Jaipur.(Raj.)

68. Suresh Chand Meena S/o Sh. Hari Singh, Aged About 36 Years, Resident Of Village And Post 127- Nagla Seer, Bhusawar, Tehsil Wair, District - Bharatpur .(Raj.)

69. Jeetendra Kumar S/o Sh. Hukam Singh, Aged About 33 Years, Resident Of Village And Post Nagla Seer, Sendhi, Bhusawar, Tehsil Wair, District - Bharatpur .(Raj.)

70. Nemi Chand S/o Sh. Mahendra Singh, Aged About 39 Years, Resident Of Village And Post Berkhera, District - Dholpur.(Raj.)

71. Mahindra Kumar Bangali S/o Sh. Puran Mal Bangali, Aged About 34 Years, Resident Of Village And Post Ward No.10, Rajpura, District Jaipur.(Raj.)

72. Santosh Kumar Kumawat S/o Sh. Kailash Kumar Kumawat, Aged About 34 Years, Resident Of Village And Post Kumawato Ki Bagichi, Nayabas, Tankarda, Dist. Jaipur.(Raj.)

73. Ramjeewan S/o Sh. Mohan Ram, Aged About 38 Years, Resident Of Village And Post Nenji Saran Ki Dhani, Ratkudiya, Dist. Jodhpur.(Raj.)

74. Jagdish Prasad Gurjar S/o Sh. Kedar Lal Gurjar, Aged About 38 Years, Resident Of Village And Post Malarna, Doongar, Kothaki, District Sawai Madhopur.(Raj.)

75. Harman Ram S/o Sh. Suja Ram, Aged About 39 Years, Resident Of Village And Post Sopara, Hiradesar, District - Jodhpur.(Raj.)

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76. Sita Ram Kulariya S/o Sh. Sultan Ram Kulriya, Aged About 35 Years, Resident Of Village And Post Khatushyamji, Tehsil-Dataramgarh, District -Sikar.(Raj.)

77. Vinod Kumar Saini S/o Sh. Rood Mal Saini, Aged About 35 Years, Resident Of Village And Post 17, Bhagwan Nagar Vistar, Nindar, Harmada Ghati, District Jaipur.(Raj.)

78. Naveen Kumar Atal S/o Sh. Rameshwar Prasad Atal, Aged About 31 Years, Resident Of Village And Post Manpura, District -Jaipur.(Raj.)

79. Dinesh Kumar Meena S/o Sh. Prahlad Meena, Aged About 34 Years, Resident Of Village And Post Bagri,, District Dausa.(Raj.)

80. Asha Nanoma W/o Sh. Jitendra Bhagora, Aged About 40 Years, Resident Of Village And Post Mevada , Khadagda, Chandoli, District -Dungarpur.(Raj.)

81. Suresh Kumar S/o Sh. Tulsa Ram, Aged About 33 Years, Resident Of Village And Post Digaon, Kardan, District - Jalore.(Raj.)

82. Pankaj Kumar Jhakar S/o Sh. Nathu Ram Jakhar, Aged About 34 Years, Resident Of Village And Post Govindpura, District -Sikar.(Raj.)

83. Raju Ram S/o Sh. Hari Ram, Aged About 31 Years, Resident Of Village And Post Chatwara, District -Jalore. (Raj.)

84. Prahlad Ram S/o Sh. Ramlal, Aged About 28 Years, Resident Of Village And Post Tilanesh,, District -Nagaur. (Raj.)

85. Raj Kumar S/o Sh. Mangal Ram, Aged About 35 Years, Resident Of Village And Post Nithari,, District Alwar.(Raj.)

86. Ami Lal S/o Sh. Shyo Pal, Aged About 38 Years, Resident Of Village And Post Nabipura,, District -Sikar.(Raj.)

87. Suresh Chand S/o Sh. Khem Chand, Aged About 31 Years, Resident Of Village And Post 137, Khilya Mohalla, Thairawar, Tehsil- Kumher , District -Bharatpur.(Raj.)

88. Ranjit Meena S/o Sh. Kishan Lal Meena, Aged About 32 Years, Resident Of Village And Post 7-Dewalkheri, Dhoriya, District -Chittorgarh.(Raj.)

89. Mukesh Kumar S/o Sh. Pala Ram, Aged About 32 Years,

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Resident Of Village And Post Hirna, District -Sikar.(Raj.)

90. Banwari Lal Koli S/o Sh. Tulsi Ram Koli, Aged About 36 Years, Resident Of Village And Post 461 - Ward No.36, Koli Mohalla, Dadabadi Shitla Mata Mandir Ke Piche Gali No. 02, Bhilwara, District - Bhilwara.(Raj.)

91. Lekhraj Bairwa S/o Sh. Surajmal, Aged About 39 Years, Resident Of Village And Post Durjanpur, District -Kota. (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Department Of Home, Through Its Joint Secretary, Govt. Secretariat, Jaipur (Raj.).

2. The Principal Secretary, Department Of Finance (Rules), Government Of Rajasthan, Government Secretariat, Jaipur. (Raj.).

3. The State Of Rajasthan, Through The Principal Secretary, Home Department, Government Of Rajasthan, Jaipur.

4. The Additional Director General And Inspector General Of Jail, Jaipur.

5. The Deputy Inspector General Of Jail, Range Ajmer.

6. The Deputy Inspector General Of Jail, Range Kota.

7. The Deputy Inspector General Of Jail, Range Udaipur.

8. The Deputy Inspector General Of Jail, Range Jodhpur.

                                                                     ----Respondents


For Petitioner(s)              :    Mr. O.P. Sangwa
For Respondent(s)              :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

13/10/2023

It is submitted by learned counsel for the petitioners that for

the same recruitment, similarly situated petitioners had

approached Jaipur Bench of this Court in Om Prakash & Ors. v.

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State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21214/2017,

which writ petition has been decided on 21.11.2017 granting relief

to the petitioners in light of judgment in the case of Hemlata

Shrimali & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ

Petition No.3247/2015, decided on 1.4.2015 and relying upon the

adjudication in the case of Suman Bai & Anr. v. State of Rajasthan

& Ors. : 2009 (1) WLC (Raj.) 381 and, therefore, the present writ

petition may also be decided in light of judgment in the case of

Om Prakash (supra).

In the case of Om Prakash (supra), the Bench at Jaipur after

noticing orders in the case of Hemlata Shrimali (supra) and

Suman Bai (supra) observed as under:-

"Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ Petition Number 3247/2015: Hemlata Shrimali & Ors. Versus State of Rajasthan & Ors., decided on 1st Apri., 2015, relying upon the adjudication in the case of Suman Bai & Anr. Versus State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, observing thus:

"5. Upon consideration of the arguments aforesaid and the judgment of the Division Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification application of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be assigned on the basis of placement of candidates in the select list and when the selection is common and the merit list on the basis of which appointments were made is also common, right to secure appointment to both the set of employees thus flows from their selection which in turn is based on merit.

Regard being had to all these facts, merely because one batch of employee approached this Court later and another

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earlier, and both of them having been appointed, the candidates who appeared lower in merit cannot certainly be placed at a higher place in seniority. It was on this legal analogy that Division Bench of this Court in Niyaz Mohd.Khan (supra) held that the petitioner therein entitled to be placed in seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioner was appointed with consequential benefits.

6. I am not inclined to accept the argument of the learned counsel for the respondents No.4 to 8 that the judgment of the learned Single Judge should be so read so as to infer therefrom that though the petitioners would be entitled to claim appointment but not seniority above the candidates who are already appointed even though they admittedly are above them in the merit list. Infact, the judgment of the learned Single Judge merely reiterated the direction of the Division Bench in Hari Ram (supra) in favour of the petitioners. But construction of that judgment in the manner in which the respondents want this Court to do, would negat the mandate of the Rules 20 and 21 of the Rajasthan Education Subordinate Service Rules, 1971, which requires seniority to be assigned as per the inter-se merit of 7 the candidates in the merit list based on common selection. Even otherwise, no such intention of the Court is discernible from reading of that judgment. Mere appointment of the petitioner was a sufficient compliance of the judgment and not total compliance was the view taken by this Court also when contempt petition filed by the petitioners was dismissed. Question with regard to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would obviously give rise to a afresh cause of action. The writ petition filed by the petitioners, therefore, cannot be thrown either barred by resjudicata or otherwise improperly constituted.

7. In the result, this writ petition is allowed and the respondents are directed to treat the petitioners senior to respondents No.4 to 8 as per their placement in the merit list."

Learned counsel for the petitioner further submits that instant writ application be also disposed off in terms of the order dated 24th May, 2017, as extracted herein above.

Ordered accordingly."

In view of the submissions made, the present writ petition

filed by the petitioners is also disposed of in light of order passed

in the case of Om Prakash (supra).

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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.

(VINIT KUMAR MATHUR),J 276-Shahenshah/-

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