Rajasthan High Court - Jodhpur

Kuldeep Soora vs State Of Rajasthan ... on 13 October, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15656/2023

1. Kuldeep Soora S/o Shri Nihal Singh, Aged About 29 Years, R/o. Bajwa Suronka, Jhunjhunu (Raj).

2. Ankur Sarawagi S/o Shri Krishna Kumar, Aged About 30 Years, R/o 310, Shanker Colony, Ward No. 30, Near U.i.t. / Vidhya Mandir, Senior Secondary School, Sriganganagar.(Raj.)

3. Manoj Kumar S/o Shri Ramkaran, Aged About 32 Years, R/o Village 26 Prn, Hanumangarh. (Raj.)

4. Kesar Soni S/o Shri Gouri Shanker Soni, Aged About 35 Years, R/o Kesar Kunj, Keshar Nagar, Bikaner.(Raj.)

5. Vikram Jangid S/o Shri Rohtash Jangid, Aged About 25 Years, Village Bairasar Manjhala , Bairasar Chhota, Churu (Raj.)

6. Somdatt Jangid S/o Shri Om Prakash Jangid, Aged About 28 Years, R/o Village Bomdara, District Pali (Raj.)

7. Shri Kishan Jangu S/o Purkha Ram, Aged About 29 Years, R/o Village Nawad, Nagaur. (Raj.)

8. Surednra Kumar S/o Dharmpal, Aged About 31 Years, R/o On Ujjalwas Road, Ward No. 09, Ramgarh, District Hanumangarh.(Raj.)

9. Mangilal S/o Shri Netram, Aged About 29 Years, R/o Ward No. 11, Village Khoda, 1,kdd, Rawatsar, Hanumangarh. (Raj.)

10. Subhash Chnadra S/o Shri Satyaveer, Aged About 26 Years, R/o Ward No. 11, Village Sirsala, District Churu. (Raj.)

11. Surendra Bhadu S/o Shri Narsi Ram Bhadu, Aged About 26 Years, R/o Bishnoi Ka Mohall, Muralidhar Vyas Nagar, Bikaner. (Raj.)

12. Paras Mali S/o Shri Gordhan Ram Mali, Aged About 27 Years, R/o Maliyon Ki Bass , Village Khichan, District Phalodi. (Raj.)

13. Laxman Ram S/o Shri Atma Ram, Aged About 29 Years, R/o Ward No. 06, Chack 17, Kyd, Bikaner. (Raj.)

14. Manish Kumar S/o Dharmpal, Aged About 27 Years, R/o Vilalge Khyali, Narwa, R.s. District Churu (Raj.)

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15. Vikas Saini S/o Shri Ramniwas Saini, Aged About 28 Years, R/o Suryavihar, Ward No. 24. Jhunjhunu.(Raj.)

16. Ramavatar, S/o Shri Pradeep Kumar, Aged About Year R/o Ramnagar Village Panoli, Sikar ( Raj.)

17. Renu Yadav D/o Sher Singh, Aged About 31 Years, R/o Ward No.11 , Village Saga, District Jhunjhunu. (Raj.)

18. Deepak Soni S/o Shri Omprakash Soni, Aged About 30 Years, R/o Meena Mohalla Village Garhi, District Alwar. (Raj.)

19. Manish Choudhary S/o Shri Shubh Karan Singh, Aged About 34 Years, R/o C-131, Sainik Nagar, Jhunjhunu (Raj.)

20. Ankit Dhayal S/o Shri Girdhari Lal, Aged About 27 Years, R/o Ward No. 4, Sajjanpura, Mollawas, Sikar.(Raj.)

21. Nitin Kumar S/o Shri Rai Singh, Aged About 28 Years, R/o Ward No. 8, Village Dalsar Khurd, Jhunjhunu.(Raj.)

22. Harshita Sharma D/o Naveen Kumar, Aged About 28 Years, R/o Scheme No. 8, Gandhi Nagar, Alwar (Raj.)

23. Nar Singh S/o Shri Birja Ram, Aged About 31 Years, R/o Khariya Bass, Vilalge Hadan, Bikaner. (Raj.)

24. Omprakash S/o Shri Shambhu Lal Mali, Aged About 31 Years, R/o Village Suratpura Tehsil Lalsot, Dausa.(Raj.)

25. Poonam Choudhary S/o Bajrang Lal Choudhary, Aged About 32 Years, R/o Javahar Nagar Tila No. 1, Kachhi Basti, Jawahar Nagar, Jaipur(Raj.)

26. Vaseem Khan S/o Shri Fanni Khan, Aged About 24 Years, R/o Village Bhadoli , District Alwar.(Raj.

27. Ranjana Sunda D/o Shri Heera Ram Sunda, Aged About 27 Years, R/o Ward No. , Sunda Ki Dhnai, Mohanwari, Jhunjhunu.(Raj.)

28. Miss Kavita Saini D/o Ramlal Saini,, Aged About 28 Years, R/o Kaurhala Ki Dhani, Ward No.7, Village Chhapli , Jhunjhunu. (Raj.)

29. Sunil Kumar S/o Shri Suresh Kumar, Aged About 27 Years, R/o Near Water Tank, Hanumanpura, Jhunjhunu. (Raj.)

30. Vinita D/o Bajranglal, Aged About 30 Years, R/o Village Khood, Sikar. (Raj.)

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31. Rinku D/o Shri Khajan Singh, Aged About 24 Years, R/o Village Mahmadpur, Bharatpur.(Raj.)

32. Sudhir Kumar S/o Shri Pholchand, Aged About 23 Years, R/o Bairas, Tehsil Laxamngarh, Sikar. (Raj.)

33. Sumitra D/o Omprakash, Aged About 26 Years, R/o Vpo-

Balay, Tehsil Mundawa, District Nagaur. (Raj.)

34. Kiran Kumari D/o Pitram, Aged About 25 Years, R/o Village Hejampura, Indali, Jhunjhunu. (Raj.)

35. Akanksha Kumari D/o Manphool Singh, Aged About 25 Years, R/o Village Shrikrishnpura, District Jhunjhunu. (Raj.)

36. Shravan Kumar S/o Dhanna Ram, Aged About 32 Years, R/o Village Shyampura, District Sikar.(Raj.)

37. Deepika D/o Naveen Kumar, Aged About 30 Years, R/o Kishan Colony, Village Nawalgarh Road, District Sikar. (Raj.)

38. Seema Kumawat D/o Laxman Prasad, Aged About 27 Years, R/o Village Luniyas, Jaipur (Raj.)

39. Suman Kumawat D/o Shri Mali Ram Kumawat, Aged About 29 Years, R/o Budiyon Ki Dhani, Village-Niwana, Jaipur.(Raj.)

40. Pinki D/o Satyavir, Aged About 26 Years, R/o Vpo-

Surajgarh, Peepli, Jhunjhunu.(Raj.)

41. Vandana Kumari Jangid D/o Radhakishan Jangir, Aged About 30 Years, R/o Doojod, District Sikar. (Raj,)

42. Mamta D/o Harbhan Singh, Aged About 31 Years, R/o 402, Gali Chok, Konrer, Korer, Bharatpur.(Raj.)

43. Vandana Sain D/o Omprakash Sain, Aged About 31 Years, R/o 110, Prem Nagar, First Gurjar Ki Thadi, New Sanganer Road, Jaipur (Raj.)

44. Ravikant Poonia S/o Shri Rajesh Kumar Poonia, Aged About 25 Years, R/o Ward No. 1, Pooniya Ki Dhani, Village Sonthali, Jhunjhunu. (Raj.)

45. Rahul Katewa S/o Dodram Katewa, Aged About 31 Years, R/o Village Kawrpura, Jhunjhunu.(Raj.)

46. Kuldeep Kumar S/o Kuldeep Kumar, Aged About 25 Years, R/o 81,c, Ashok Nagar, Ward No.11,mharnampura, Jaipur (Raj.)

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47. Ratan Bishnoi S/o Shri Thakra Ram, Aged About 35 Years, R/o Village Vadamadvi, District Jalore.(Raj.)

48. Shravan Kumar S/o Shri Raghunath Ram, Aged About 29 Years, R/o Vishnu Nagar, Bawrala, Jalore.(Raj.)

49. Priti Kumari D/o Narendra Singh, Aged About 30 Years, R/ o D-111 Basant Vihar, Jhunjhunu.(Raj.)

50. Bhawani Shanker Tard S/o Shri Nemchand Tard, Aged About 27 Years, R/o Ward No. 09,kharjani Ka Bas Jasrasar, Bikaner.(Raj.)

51. Arjun Lal Yadav S/o Shri Kalu Ram Yadav, Aged About 31 Years, R/o Dani Nadi Wali, Dhobolai , Goveindgarh, Jaipur.

52. Gajendra Jangid S/o Shri Bhagwan Sahay Jangid, Aged About 27 Years, R/o Village Daluwla Post Renwal Manjhi, Tehsil Fagi, Chittora Renwal, Jaipur.(Raj.)

53. Ramesh Kumar Mali, S/o Shri Kanhaiya Lal Mali, Kalka Mata Mandir Ke Pass, Ward No.3, Ramnagar Bas Sardarshahar, Churu.(Raj.)

54. Ashok Kumar Saini, S/o Shri Mangal Ram Saini, Aged About, R/o Mithi Kothi Mitrapura, Tehsil Bonli, District Sawaimadhopur.(Raj.)

55. Dharmendra Singh Choudhary S/o Shri Bhinwa Ram Devenda, Aged About 28 Years, R/o 142, Devandon Ki Dhani, Kalo, Jaipur.(Raj.)

56. Sanjay Yadav S/o Shri Rohitash Yadav, Aged About 29 Years, R/o Village Khariya Post Dokan, Neem Ka Thana, Sikar.(Raj.).

57. Rahul Yadav S/o Shri Arjun Lal Yadav, Aged About 30 Years, R/o Ward No. 08 Keshav Nagar , Choum, Jaipur. (Raj.)

58. Deepak Kumar Soni S/o Shri Radha Charan Soni, Aged About 27 Years, R/o Vivekanand Colony, Tehsil Road, Mahhwa, Dausa ( Raj.)

59. Hemraj Meena S/o Shri Sitaram Meena, Aged About 31 Years, R/o Balyawala, Kanota, Jaipur.(Raj.)

60. Mukesh Kumar Choudhary S/o Shri Radheshyam Jat, Aged About 28 Years, R/o Bass Jatan, Narayanpura, Hameerpur,tonk,(Raj.)

61. Rajkumar Soni S/o Shri Badri Lal, Aged About 33 Years,

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Ramnagar Colony, Brijlal Nagar, Jaipur Roadtonk.(Raj.)

62. Avinash Kumar S/o Shri Govind Prasad, Aged About 31 Years, R/o Kuradiya Kalan , Po Kundanpur , Tehsil Sangod, Kota.(Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Commissioner, Industries And Government Secretary, Corporate Social Responsibility, Jaipur (Raj.)

2. Additional Director, Industries,( Administration) Jaipur.

(Raj.)

3. District Collector, Bhilwara. (Raj.)

4. Office Of The District Collector And District Magistrate, Alwar. (Raj.)

5. State Of Rajasthan, Through The Secretary, Administrative Reforms Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

6. Rajasthan Subordinate And Ministerial Service Selection Board, Through The Secretary , Jaipur ( Raj.)

7. Employment Services Directorate, Through The Director, Darbar School Parisar, Gopinath Marg, Jaipur. (Raj.)

8. Joint Secretary, Self-Employment, Jaipur (Raj.)

9. Commissionerat, College Education, Rajasthan, Through The Commissioner, Jaipur (Raj.)

10. Joint Director, College Education, (Administration) Jaipur.

(Raj.)

11. Agriculture Commissionerate, Rajasthan, Through The Commissioner, Jaipur (Raj.)

12. Skill Planning And Training Department, Directorate Of Technical Education (Training), Rajasthan, Jodhpur, Through The Director.

13. Assistant Director, (Training) Skill Planning And Training Department, Directorate Of Technical Education (Training), Rajasthan, Jodhpur,

14. Office Of The Chief Engineer, I.g.n.p., Bikaner (Raj.)

15. Superintendent Engineer, (Administration) I.g.n.p. , Bikaner. (Raj.)

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16. Joint Directorate, (Administration) Agriculture Department, Jaipur ( Raj.)

17. State Of Rajasthan, Through Director, Integrated Child Development Services Department, Women And Child Development Department, Directorate, Jaipur (Raj.)

18. Deputy Director, (Administration) Integrated Child Development Services Department, Jaipur (Raj.)

19. Director, Secondary Education, Bikaner. (Raj.)

20. Directorate Prosecution Department, Through Director, Government Of Rajasthan, Directorate, Jaipur. (Raj.)

21. Medical Health And Family Welfare Services, Through Director (Non-Gazette), Directorate, Jaipur (Raj.)

----Respondents

For Petitioner(s) : Mr. Devendra Singh Pidiyar For Respondent(s) :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

13/10/2023

1. Learned counsel for the petitioners submits that the issue

raised in the present writ petition is squarely covered by judgment

of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan &

Ors. : S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur

Bench and the said judgment has been followed in Krishan Lal &

Ors. v. The State of Rajasthan & Ors. : S.B.C.W.P. No.

19179/2017, decided on 30.10.2017 at Jaipur Bench. The

petitioners are also entitled to the same relief as granted in the

case of Manoj Khandelwal (supra) and Krishan Lal (supra) claims

the petitioner.

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2. In view of the submissions made, the writ petition filed by the

petitioners is disposed of with the similar directions as given in the

case of Manoj Khandelwal (supra), which read as under:-

"This Court in Suman Bai and Another Vs. State and Others

- 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit.

It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services.

The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments.

Having regard to the facts of the case, writ petition is disposed of requiring the petitioners to make a representation to respondent no.2 - Director, Secondary Education, Bikaner, alongwith a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit, are getting benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits."

3. For the purpose aforesaid, the petitioners shall file

representation before the competent authority giving out the

requisite details along with certified copy of the order instant

within a period of four weeks from today. On receipt of the

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representation, the concerned respondent shall decide the same,

in accordance with law within a period of eight weeks from the

date of receipt of the representation and accord notional benefits

to the petitioners from the date persons similarly situated to them

and lower in merit were given appointment.

4. Upon consideration of the representation so filed, if respondents

find the case of the petitioner to be covered by the judgment(s)