Sava Ram vs State Of Rajasthan ...
2023 Latest Caselaw 8545 Raj

[2023:RJ-JD:35071]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14883/2023

1. Sava Ram S/o Nava Ram, Aged About 42 Years, R/o Vpo Selor, Tehsil Samdari, District Barmer, At Present Posted At Govt. Upper Primary School Magla, Block Samdari, District Barmer (Raj)

2. Himat Singh S/o Chen Singh, Aged About 58 Years, R/o Vpo Bhamseen, Tehsil Samdari, District Barmer, At Present Posted At Govt. Upper Primary School Magla, Block Samdari, District Barmer (Raj)

3. Rupa Devi W/o Bhanwar Lal, Aged About 40 Years, R/o Gram Panchayat Ke Samne, New Bus Stand Samdari, District Barmer, At Present Posted At Govt. Upper Primary School Samdari Ganv, Block Samdari, District Barmer (Raj)

4. Ghewar Chand S/o Muna Ram, Aged About 50 Years, R/o Samdari, Tehsil Samdari, District Barmer, At Present Posted At Govt. Primary School Raiko Ka Goliya, Block Samdari, District Barmer (Raj)

5. Dhirendra Singh S/o Jeevan Singh, Aged About 48 Years, R/o Charno Ka Bara, Post Ajit, Tehsil Samdari, District Barmer, At Present Posted At Govt. Upper Primary School Hotarda, Block Samdari, District Barmer (Raj)

6. Rajshree D/o Harchand Ram, Aged About 40 Years, R/o Village Ramrawas Kallan, Tehsil Pipar City, District Jodhpur, At Present Posted At Govt. Primary School Souvo Ki Dhani Ramrawas Kallan, Pipar City, District Jodhpur.

----Petitioners Versus

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

2. The Director, Elementary Education, Bikaner (Raj)

3. The District Education Officer (Elenmentary Education), Barmer (Raj)

4. The Chief District Education Officer, Barmer (Raj)

5. The District Education Officer (Elementary Education ), Jodhpur (Raj)

6. The Chief District Education Officer, Jodhpur (Raj)

[2023:RJ-JD:35071] (2 of 3) [CW-14883/2023]

----Respondents

For Petitioner(s) : Mr. Balvinder Singh For Respondent(s) :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

13/10/2023

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that in the

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 28.05.2021 passed 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".

[2023:RJ-JD:35071] (3 of 3) [CW-14883/2023]

In view of the matter, learned counsel for the petitioners

submits 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 judgment

rendered by this court in the case of Jugal Kishore & Ors (supra).

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 six weeks from the date of receipt of certified

copy of this order.

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 be

entitled to the relief.

(VINIT KUMAR MATHUR),J 36-Shahenshah/-

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