Surendra Singh Rathore vs State Of Rajasthan ...
2023 Latest Caselaw 7362 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14161/2023

1. Surendra Singh Rathore S/o Shri Sukh Singh Rathore, Aged About 52 Years, R/o Mukam Post Khokhra, Via Chandawal, Tehsil Sojat, District Pali, At Present Posting Gps, Kala Data Ki Dhani, Fulad, Block Marwar Junction. Dist. Pali Rajasthan

2. Deva Ram S/o Mishra Ram Maghwal, Aged About 41 Years, R/o Korka, Raniwara, Jalore, District Sanchore At Present Posting Rajkiya Balika Praveshika Sanskrit School, Arnaay, Sanchore (Raj.).

3. Ramchandra S/o Mishri Das, Aged About 46 Years, R/o Mukam Post Vopati, Via Ranawas, Tehsil Marwar Junction, District Pali, At Present Posting Gups, Bolai Manda, District Pali.

4. Bibi Pathan S/o Miru Khan, Aged About 47 Years, R/o Kantaliya, Via Sojat Road, Tehsil Marwar Junction, District Pali, At Present Posting Gups, Suryanagar Marwar Junction, Pali.

5. Soneia Mousalpuria S/o Chatura Ram Fulwaria, Aged About 45 Years, R/o Siriyari Dist. Pali, At Present Posting Gps Mayali Siriyari. Dist. Pali, Rajasthan

6. Mukesh Trivedi S/o Daya Shankar Trivedi, Aged About 54 Years, R/o 63 Vidhyadhar Nagar, Behind Bangar College, District Pali At Present Posting Gups Rajkiyabas Khurad, Marwar Junction, District Pali.

7. Manak Chand Dangi S/o Mishri Lal, Aged About 47 Years, R/o Beru Sedriya Nimbali Manda, Tehsil Marwar Junction, District Pali. At Present Posting Gups Beru Sedriya Nimbali Manda, District Pali.

8. Fakkrudin Lohar S/o Jabrudin Lohar, Aged About 55 Years, R/o Loharo Ka Bas, Rohat, District Pali. At Present Posting Gps Artiya Board Rohat District Pali.

9. Chet Ram Meena S/o Jagdish Prasad Meena, Aged About 37 Years, R/o Mawandi Mohalla, Sawai Madhopur, At Present Posting Gup Sanskrit School, Peepalda, Block Boli, District Sawai Madhopur.

10. Dinesh Kumar Lohar S/o Fau Lal, Aged About 49 Years, R/ o Village And Post Sena, Tehsil Bali, District Pali, At

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Present Posting Gsss, Bilaspur, Block Bali, District Pali.

11. Dalpat Singh S/o Jagdish Singh, Aged About 51 Years, R/ o Siriyari, Tehsil Marwar Junction, District Pali, At Present Shakuntala Devi, Pitaliya, Ggsss, Manda, Tehsil Marwar Junction, District Pali.

12. Yunush Chhipa S/o Shri Allah Bax Chhipa, Aged About 51 Years, R/o Village Kantaliya, Via Sojat Road, District Pali, At Present Posting Gups, Guda Mehkaran, Tehsil Marwar Junction, District Pali.

13. Gyan Kanwar Ranawat S/o Jug Singh Ranawat, Aged About 42 Years, R/o Bera Khajuriya, Manda, Tehsil Marwar Junction, Pali, At Present Shakuntala Devi, Pitaliya, Ggsss, Manda, Tehsil Marwar Junction, District Pali.

14. Heera Lal Garg S/o Banshi Lal Garg, Aged About 48 Years, R/o Chelawas, Tehsil Marwar Junction, District Pali, At Present Posting Gups, Guda Mehkaran, Marwar Junction, Pali.

15. Rakesh Kumar Sharma S/o Surya Prasad Sharma, Aged About 40 Years, R/o Village And Post Bhatund, Tehsil Bali, District Pali, At Present Posting Gsss, Perwa, Block Bali, District Pali.

16. Krishan Pal Singh S/o Ajay Pal Singh, Aged About 40 Years, R/o House No. 3894, Jodha Palace, In Front Of Ioc Colony, Bali, District Pali, At Present Posting Gups, Ramniya, Block Bali, District Pali.

17. Archana Ojha W/o Kishore Ojha, Aged About 48 Years, R/ o House No. 151, Brahmpuri Kantaliya, Via Sojat Road, Pali, At Present Posting Gps, Gorkhnath Ki Dhuni, Kantaliya, Block Marwar Junction, District Pali.

18. Kanna Ram S/o Purkha Ram, Aged About 57 Years, R/o Purkha Ba Ka Bera, Dhanla, Tehsil Marwar Junction, District Pali, At Present Posting Gps, Mamawas (Dhanla), Block Marwar Junction, District Pali.

19. Kewal Chand Meena S/o Jairoop Chand Meena, Aged About 48 Years, R/o Nimbali (Manda), Via Sojat Road, District Pali, At Present Posting G Shikshakarmi, Ps, Dedawa, Nimbali, Block Marwar Junction, District Pali.

----Petitioners

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Versus

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

2. Director, Sanskrit Education, Directorate, Jaipur.

3. Divisional Sanskrit Education Officer, Jodhpur, District Jodhpur.

4. Divisional Sanskrit Education Officer, Bharatpur, District Bharatpur.

5. Director, Elementary Education, Bikaner.

6. Director Secondary Education, Bikaner.

7. The District Education Officer (Elementary Education), Pali, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Tanwar Singh Rathore

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

19/09/2023

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'

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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".

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 89-Shahenshah/-

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