Harkesh Gurjar vs State Of Rajasthan ...
2023 Latest Caselaw 8527 Raj

[2023:RJ-JD:35102]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16226/2023

Harkesh Gurjar S/o Shri Kishanlal Gurjar, Aged About 39 Years, Resident Of Village - Kanwarpura, Hastal Ki Dhani, Post - Baniyana, Tehsil- Dausa, District- Dausa (Rajasthan)

----Petitioner Versus

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

2. The Director (Elementary Education), Bikaner.

3. The District Education Officer (Elementary Education), Chittaurgarh.

4. The District Education Officer (Elementary Education), Dausa.

5. The Chief Block Elementary Education Officer, Panchayat Samiti- Begun, District - Chittaurgarh.

6. The Chief Block Elementary Education Officer, Panchayat Samiti- Lawan, District Dausa.

7. The Panchayat Elementary Education Officer (Peeo), Govt.

Senior Secondary School, Buntoli, Panchayat Samiti Lawan, District Dausa.

8. The Vikas Adhikari, Panchayat Samiti - Begun, District Chittaurgarh.

9. The Vikas Adhikari, Panchayat Samiti - Lawan, District -

Dausa.

10. Zila Parishad Chittaurgarh, Through Its Chief Executive Officer.

11. Zila Parishad Dausa, Through Its Chief Executive Officer.

----Respondents

For Petitioner(s) : Mr. K.R. Saharan

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

13/10/2023

1. Learned counsel for the petitioner submits that the issue

involved in the present writ petition is covered by the Coordinate

Bench decision dated 14.03.2019 rendered in the case of Ashok

Kumar Sharma vs. State of Rajasthan & Ors. : S.B. Civil Writ

[2023:RJ-JD:35102] (2 of 2) [CW-16226/2023]

Petition No.15411/2018 and in the case of Dhanraj Meena vs.

State of Rajasthan & Ors. : S.B. Civil Writ Petition No.12846/2017,

decided on 15.01.2018.

2. In view of the aforesaid, the present writ petition is also

allowed in terms of the judgments rendered in the case of Ashok

Kumar Sharma (supra) and Dhanraj Meena (supra) and it is

directed that the respondents while dealing with the case of the

petitioner pertaining to their pay fixation etc. would follow the

provisions of Rules 24 & 26 of the RSR as per law.

3. It is made clear that the respondents will be free to pass an

appropriate orders, if the case of the present petitioner is not

similar to the judgment of Ashok Kumar Sharma (supra) and

Dhanraj Meena (supra) mentioned above.

4. The stay application is also disposed of.

5. 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 petitioner

would be entitled to the relief.

(VINIT KUMAR MATHUR),J 90-Shahenshah/-

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