Rajasthan High Court - Jodhpur
Guman Singh Rajpurohit vs State Of Rajasthan ... on 20 October, 2023
Bench: Arun Bhansali
[2023:RJ-JD:36429]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16801/2023
Guman Singh Rajpurohit S/o Shri Jeevraj Singh, Aged About 48
Years, R/o Village And Post Roopwas, Tehsil Sojat, District Pali,
At Present Posted As Teacher Grade-III (Level-2) At Government
Upper Primary School, Chandasani, Tehsil Sojat, District Pali,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. Director, Elementary Education, Bikaner.
3. The District Education Officer (Elementary Education) Pali,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Gajraj Singh Rajpurohit
For Respondent(s) : -
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
20/10/2023
1. Heard learned counsel for the petitioners.
2. Learned counsel for the petitioner 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.
[2023:RJ-JD:36429] (2 of 3) [CW-16801/2023]
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".
3. In view of the matter, learned counsel for the petitioner
submits that the petitioner 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).
4. 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 petitioner, 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.
5. The present order has been passed on the submission made
by the counsel for the petitioner that the case of the petitioner is
similar to the case of Jugal Kishore(supra), therefore, if the facts
of the present case are not similar to the case of Jugal Kishore
[2023:RJ-JD:36429] (3 of 3) [CW-16801/2023]
(supra), 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.
(ARUN BHANSALI),J
158-Ramesh/-
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