Khushvir Singh vs State Of Rajasthan ...
2023 Latest Caselaw 8655 Raj

Citation : 2023 Latest Caselaw 8655 Raj
Judgement Date : 18 October, 2023

Rajasthan High Court - Jodhpur

Khushvir Singh vs State Of Rajasthan ... on 18 October, 2023

Bench: Dinesh Mehta

[2023:RJ-JD:35794]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10909/2020

1. Khushvir Singh S/o Madan Singh, Aged About 54 Years, R/o Village And Post Chamu Via Tiwari, Distt. Jodhpur. At Present Posted GPS Rayko Bhilon Ki Dhani Harisagar, Sekhala, Jodhpur

2. Indra Singh Khidiya S/o Ladu Singh, Aged About 51 Years, R/o VPO Kharadi, Via Balunda, Tehsil Jaitaran, Distt. Pali

3. Pratapram S/o Rawat Ram, Aged About 40 Years, R/o Dhandhniya Bhayala, Panchayat Samiti Balesar, Tehsil Shergarh, Distt. Jodhpur.

4. Pappa Ram S/o Baburam, Aged About 38 Years, R/o VPO Balesar Durgawata, Tehsil Shergarh, Distt. Jodhpur.

----Petitioners Versus

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

2. Director, Elementary Education, Bikaner

3. Joint Director (School Education), Jodhpur Division, Jodhpur

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

5. Chief Block Education Officer, Sekhala, District Jodhpur

6. Chief Block Education Officer, Balesar, District Jodhpur

7. PEEO, GSSS, Chamu , Sekhala, Jodhpur

8. PEEO, GSSS, Dhadhniya Bhayala , Balesar, Jodhpur

9. PEEO, GSSS, Dharmadiya Bera Devnagar, Balesar Jodhpur.

----Respondents

For Petitioner(s) : Mr. Tanwar Singh For Respondent(s) : Mr. H.G. Chanda for Mr. K.K. Bissa

JUSTICE DINESH MEHTA

[2023:RJ-JD:35794] (2 of 4) [CW-10909/2020]

Order

18/10/2023

1. By way of the present writ petition, the petitioners have

challenged the order dated 12.06.2020 and order dated

14.06.2020 (Annexures-4 & 5, respectively), whereby the

respondents have reviewed the earlier order by which actual/

notional benefits were granted to the petitioners. By way of

impugned order the recovery of the amount paid in excess has

also been initiated.

2. Learned counsel for the petitioners submitted that the

petitioners have not mislead or misrepresented and benefits which

were granted to them by the respondent - State was in

accordance with law. It was submitted that the issue involved in

the present writ petition has already been set at rest by the co-

ordinate Bench of this Court vide its judgment dated 13.08.2019

in the case of Dal Chand Jat vs. The State of Rajasthan & Ors. :

S.B. Civil Writ Petition No. 3063/2019.

3. Mr. H.G. Chanda, associate of Mr. K.K. Bissa, learned

counsel for the respondents submitted that an appeal has been

preferred by the State against the judgment in the case of Dal

Chand Jat (supra) and the same is pending consideration and

therefore, the present writ petition be kept pending.

4. However, learned counsel for the respondents was not in a

position to dispute the position of law, as has been settled by this

Court in the case of Dal Chand Jat (supra).

5. Having heard learned counsel for the parties and considering

the submissions made at the bar, this Court is of the view that no

fruitful purpose would be served by keeping the matter pending,

[2023:RJ-JD:35794] (3 of 4) [CW-10909/2020]

particularly when an interim order has been passed in petitioners'

favour by this Court on 19.10.2020.

6. In the case of Dal Chand Jat (supra), this Court has held

thus:

"After hearing counsel for the parties and

perusing record of the case, this Court finds that the purport of the case law mentioned above are that the petitioners, who were equally entitled and eligible to be appointed on the post of Teacher Gr.-III where out of advertisement of 2012-2013 at level I and level II for various subjects are to be treated at par with each other. The discrimination on account of joining duties due to various bone of contentions relating to eligibility and qualifications have been nullified by aforesaid judgments, including in the case of Hemlata Shrimali (supra) and since all the candidates who are now found eligible and as per existing case law and the judgments of the Apex Court, they have to be treated at par with each other. There cannot be any doubt regarding expressions made by this Court in the previous litigation that these all the petitioners who stand in merit and who have qualified 2012-2013 recruitment for the post of Teacher Grade-III would be entitled for the notional benefits for the purpose including pay fixation and seniority from the date their equivalent or lesser merit person in that phase of recruitment was given such benefits. This Court also finds that focal averment raised by the respondents that no monetary benefits can be accorded to the petitioners for the

[2023:RJ-JD:35794] (4 of 4) [CW-10909/2020]

period when they were not actually discharging services, is also a consistently answered in the precedent of law laid down by this Court. Thus, taking strength from the same precedent of law as cited by counsel for the parties, these petitions are disposed off with a direction to the respondents that petitioners shall be paid the notional benefits, including benefits of seniority and pay fixation from the stage when the appointment of persons at the same or lesser merit were appointed. However, no monetary benefits where the petitioners not having discharged actual services would be payable.

Needless to say that any notional

fixation or any notional benefits which has resulted into current payment and current position where the petitioners are discharging their services, shall not be recovered and shall be continued to be paid.