Rajasthan High Court - Jodhpur

Shyam Ram vs State Of Rajasthan ... on 20 September, 2023

Bench: Dinesh Mehta

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 4859/2020

Rupa Ram Nayak S/o Shri Mohan Lal, Aged About 41 Years, R/o Village Karanetpura, Post Shri Balaji, Tehsil And District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Chila, Panchayat Samiti Nagaur, District Nagaur, Rajasthan.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 12842/2019 Mohammed Shreef S/o Abdul Gaffar, Aged About 43 Years, 321- A, Indira Colony, Main Road, Pali, District Pali, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Pali, District Pali, Rajasthan.

----Respondents

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(3) S.B. Civil Writ Petition No. 363/2020 Udaipal S/o Shri Roop Ram, Aged About 43 Years, R/o Vpo Ayalki, Ward No. 03, Tehsil Pilibanga, District Hanumangarh, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Develoopment And Panchayati Raj Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The Districtr Education Officer (Headquarter), Elementary Education, Hanumangarh, District Hanumangarh, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Saravawala, Pilibanga, District Hanumangarh, Rajasthan.

----Respondents (4) S.B. Civil Writ Petition No. 4865/2020 Chokha Ram S/o Shri Suja Ram, Aged About 37 Years, R/o Village Sardarpura, Post Prempura, Via Kukanwali, Tehsil Kuchamancity, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School

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Loonwa, Panchayat Samiti Nawa, District Nagaur, Rajasthan.

----Respondents (5) S.B. Civil Writ Petition No. 4871/2020 Bodu Ram Khor S/o Shri Bhanwar Lal Khor, Aged About 31 Years, R/o Meghvalon Ki Dhani, Keechak, Barichapri, Nagaur, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Ratau, Panchayat Samiti Ladun, District Nagaur, Rajasthan.

----Respondents (6) S.B. Civil Writ Petition No. 4872/2020 Shyam Ram S/o Shri Ramniwas, Aged About 38 Years, R/o Meghadand Rean, Merta, Nagaur, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary

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Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Chundiya, Panchayat Samiti Riyan Badi, District Nagaur, Rajasthan.

----Respondents (7) S.B. Civil Writ Petition No. 4873/2020 Ramprakash Sharma S/o Shri Chaturbhuj Sharma, Aged About 45 Years, R/o Village Rupathal, Post Arwar, Via Kuchera, Tehsil Jayal, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Arwar, Panchayat Samiti Mundwa, District Nagaur, Rajasthan.

----Respondents (8) S.B. Civil Writ Petition No. 4875/2020 Kalu Ram S/o Shri Ghamanda Ram, Aged About 46 Years, R/o Sarngabasni, Merti City, Nagaur, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District

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Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Dodiyana, Panchayat Samiti Riyan Badi, District Nagaur, Rajasthan.

----Respondents (9) S.B. Civil Writ Petition No. 4877/2020 Ramnarayan Kumhar S/o Shri Bhagirath Ram, Aged About 40 Years, R/o Vpo Kothati, Tehsil Jayal, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Jochina, Panchayat Samiti Jayal, District Nagaur, Rajasthan.

----Respondents (10) S.B. Civil Writ Petition No. 4878/2020 Prabhu Ram S/o Shri Mukana Ram, Aged About 44 Years, R/o Vpo Akor, Via Deh, Tehsil Jayal, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

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3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Kherat, Panchayat Samiti Jayal, District Nagaur, Rajasthan.

----Respondents (11) S.B. Civil Writ Petition No. 4880/2020 Vishnu Kumar Damer S/o Shri Parasmal Damer, Aged About 39 Years, R/o Merta City, Nagaur, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Chundiya, Panchayat Samiti Riyan Badi, District Nagaur, Rajasthan.

----Respondents (12) S.B. Civil Writ Petition No. 4881/2020 Prabha Tak D/o Shri Shanti Lal Tak, Aged About 44 Years, R/o Naya Bass, Stadium Ke Samne, Ward No. 24, Tehsil Sujangarh, District Churu, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And

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Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Ratau, Panchayat Samiti Ladun, District Nagaur, Rajasthan.

----Respondents (13) S.B. Civil Writ Petition No. 4882/2020 Mani Ram Didel S/o Shri Sukh Ram Didel, Aged About 40 Years, R/o Chopata Chowk, Vpo Rol, Tehsil Jayal, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Gagwana, Panchayat Samiti Nagaur, District Nagaur, Rajasthan.

----Respondents (14) S.B. Civil Writ Petition No. 4884/2020 Gena Ram S/o Shri Kana Ram, Aged About 45 Years, R/o Village Dotolae, Tehsil Riyan Badi, District Nagaur, Rajasthan.

----Petitioner Versus

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

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Rajasthan.

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Sathana, Panchayat Samiti Riyan Badi, District Nagaur, Rajasthan.

----Respondents (15) S.B. Civil Writ Petition No. 4885/2020 Kishor Ram Goliya S/o Shri Devkaran Ram, Aged About 38 Years, R/o Aakeli, Merta City, Nagaur, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Liliyan, Panchayat Samiti Riyan Badi, District Nagaur, Rajasthan.

----Respondents (16) S.B. Civil Writ Petition No. 4886/2020 Siya Ram Nayak S/o Shri Chotu Ram, Aged About 38 Years, R/o Baggar, Riyan, Nagaur, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Gavardi, Panchayat Samiti Riyan Badi, District Nagaur, Rajasthan.

----Respondents (17) S.B. Civil Writ Petition No. 4887/2020 Ram Laxman Kasnwa S/o Shri Ramchandra Kasnwa, Aged About 38 Years, R/o Ram Nagar, Gotan, Merta City, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Chandavatan, Panchayat Samiti Merta City, District Nagaur, Rajasthan.

----Respondents (18) S.B. Civil Writ Petition No. 4889/2020 Ram Pal Godara S/o Shri Jogiram Godara, Aged About 44 Years, R/o Riyan Badi, Tehsil Riyan Badi, District Nagaur, Rajasthan.

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----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Lampolai, Panchayat Samiti Riyan Badi, District Nagaur, Rajasthan.

----Respondents (19) S.B. Civil Writ Petition No. 4890/2020 Laxman Das S/o Shri Jaidev Das, Aged About 39 Years, R/o Padukallan, Riyan, Nagaur, District Nagaur. Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Khakadki, Panchayat Samiti Merta City, District Nagaur, Rajasthan.

----Respondents (20) S.B. Civil Writ Petition No. 4893/2020 Kana Ram S/o Shri Puna Ram, Aged About 39 Years, R/o

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Udiyash Ren, Degana, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Baggad, Panchayat Samiti Riyan Badi, District Nagaur, Rajasthan.

----Respondents (21) S.B. Civil Writ Petition No. 5022/2020 Hans Raj Sonkariya S/o Shri Prabhudayal, Aged About 42 Years, R/o Vpo Khirod, Tehsil Nawalgarh, District Jhunjhunu, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Jhunjhunu, District Jhunjhunu, Rajasthan.

5. The District Education Officer (Headquarter), Elementary Education, Sikar, District Sikar, Rajasthan.

6. The Principal/PEEO, Government Senior Secondary School Besva, Panchayat Samiti Fatehpur, District Sikar, Rajasthan.

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----Respondents (22) S.B. Civil Writ Petition No. 5056/2020

1. Ramkishor S/o Shri Bhagu Ram, Aged About 38 Years, R/ o Village And Post Natariyan, Tehsil Merta City, District Nagaur (Raj.).

2. Mukna Ram S/o Bhairu Ram, Aged About 35 Years, Resident Of Village Aakora Tehsil Jayal, District Nagaur (Raj.).

3. Sukh Singh S/o Sh. Inder Singh, Aged About 39 Years, R/ o Village And Post Akora, Tehsil Jayal, District Nagaur (Raj.).

4. Gumana Ram S/o Sh. Likhama Ram, Aged About 35 Years, R/o Village Nimboda, Post Akoda, Tehsil Jayal, District Nagaur (Raj.).

5. Om Prakash S/o Ram Singh, Aged About 39 Years, R/o Village And Post Rotu, Tehsil Jayal, District Nagaur (Raj.).

6. Gordhan Lal Saraswat S/o Shri Luna Ram Saraswat, Aged About 42 Years, R/o Khabadiyana, Post Surpaliya, Tehsil Jayal, District Nagaur (Raj.).

7. Radha Vishnoi D/o Shri Fularam, Aged About 35 Years, W/o Ramniwas, R/o Makan No. 29, Sainik Colony, Tehsil And District Nagaur (Raj.).

8. Ramniwas Meghwal S/o Shri Prabhuram Meghwal, Aged About 36 Years, R/o Village Dhingsari, Via Ratau, Tehsil Ladnu, District Nagaur (Raj.).

9. Poonam Chand Regar S/o Shri Dungarmal Regar, Aged About 38 Years, R/o Regar Colony, Ward No. 18, Ladnu, District Nagaur (Raj.).

----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Elementary Education, Govt. Of Rajasthan, Bikaner (Raj.).

3. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur (Raj.).

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----Respondents (23) S.B. Civil Writ Petition No. 5746/2020 Yusoop Khan S/o Shri Babu Khan, Aged About 46 Years, R/o Padru Ka Was, Siwana, Tehsil Siwana, District Barmer, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The Joint Director (School Education), Jodhpur Division, District Jodhpur, Rajasthan.

5. The Disterict Education Officer (Headquarter), Elementary Education, Barmer, District Barmer, Rajasthan.

6. The Principal/PEEO, Government Aadarsh Senior Secondary School, Thapan, Panchayat Samiti Sivana, District Barmer, Rajasthan.

----Respondents (24) S.B. Civil Writ Petition No. 5759/2020 Gopal Ram S/o Shri Purkharam, Aged About 41 Years, R/o Village Talniyau, Post Surpaliya, Tehsil Jayal, District Nagaur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education Bikaner, District Bikaner, Rajasthan.

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4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Aadarsh Senior Secondary School Surpaliya, Panchayat Samiti Jayal, District Nagaur, Rajasthan.

----Respondents (25) S.B. Civil Writ Petition No. 6014/2020 Hema Ram Godara S/o Shri Mangla Ram Godara, Aged About 54 Years, B/c Jat, R/o V/p Gemliyawas, Post Jalsu, Tehsil Degana, District Nagaur, (Presently Posted As Parbodhak, At Govt. Primary School Godaro Ki Dhani, Barna, Nagaur.)

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

----Respondents (26) S.B. Civil Writ Petition No. 6280/2020 Mahaveer Prasad Bokoliya S/o Bhagwan Sahay Raigar, Aged About 33 Years, B/c Raigar, R/o Ward No. 22, Ambedkar Colony, Kishangarh Renwal, District Jaipur (Raj.).

----Petitioner Versus

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

2. The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. Director, Elementary Education, Bikaner.

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

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5. Chief Block Education Officer (Cbeo), Nava, Nagaur.

6. Panchayt Elementary Education Officer (PEEO), Minda, Distt. Nagaur.

----Respondents (27) S.B. Civil Writ Petition No. 6878/2020 Lakh Singh Dungrot S/o Shri Ram Singh Dungrot, Aged About 40 Years, R/o Maa Sundha Icecreme Parlor, Near P.h.e.d. Office, Shiv Chouraha, Pachapada Road, Balotra, District Barmer, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Barmer, District Barmer, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Gandhipura, Panchayat Samiti Balotra, District Barmer, Rajasthan.

----Respondents (28) S.B. Civil Writ Petition No. 8029/2020 Nathmal Gurjar S/o Shri Dhanna Ram, Aged About 46 Years, R/o Vpo Bheru Nagar, Khariya Meethapur, Tehsil Bilara, District Jodhpur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

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3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The Joint Director (School Education), Jodhpur Division, District Jodhpur, Rajasthan.

5. The District Education Officer (Headquarter), Elementary Education, Jodhpur, District Jodhpur, Rajasthan.

6. The Principal/PEEO, Government Senior Secondary School Gajsinghpura, Panchayat Samiti Bhopalgarh, District Jodhpur, Rajasthan.

----Respondents (29) S.B. Civil Writ Petition No. 8032/2020 Thakara Ram S/o Shri Shobha Ram, Aged About 40 Years, R/o Vpo Saiyon Ki Basti, Dharasar, Tehsil Choutan, District Barmer, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The Joint Director (School Education), Jodhpur Division, District Jodhpur, Rajasthan.

5. The District Education Officer (Headquarter) Elementary Education, Barmer, District Barmer, Rajasthan.

6. The Principal/PEEO, Government Senior Secondary School Dharasar, Panchayat Samiti Choutan, District Barmer, Rajasthan.

----Respondents (30) S.B. Civil Writ Petition No. 9362/2020

1. Nemee Chand S/o Kunjee Lal, Aged About 28 Years, Vpo Bhootoli, Tehsil Weir, District Bharatpur, Rajasthan.

2. Mahesh Kumar Meena S/o Ranjeet Singh Meena, Aged About 31 Years, Village Purohita Ka Bas, Post Kali Pahadi,

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District Dausa, Rajasthan.

3. Rajesh Kumar Meena S/o Prasadi Lal Meena, Aged About 30 Years, Vpo Sakur, Tehsil Bamanwas, District Sawai Madhopur, Rajasthan.

----Petitioners Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Karnu, Panchayat Samiti Khinwsar, District Nagaur, Rajasthan.

----Respondents (31) S.B. Civil Writ Petition No. 10149/2020

1. Bhimsen S/o Niku Ram, Aged About 43 Years, Presently Posted As Prabodhak At Government Primary School, 6 BGD(B) Srivijaynagar, District Sriganganagar

2. Ram Pratap S/o Likhama Ram Ghintala, Aged About 55 Years, Presently Posted As Prabodhak At Govt. Primary School, 9 A.S. (A) Srivijaynagar, District Sriganganagar.

3. Hansraj S/o Girdhari Ram, Aged About 50 Years, Presently Posted As Prabodhak At Govt. Primary School, 1 T.S.M. Srivijaynagar, District Sriganganagar

4. Sonu Ram S/o Dharam Pal, Aged About 40 Years, Presently Posted As Prabodhak At Govt. Primary School, 14 A.S. (A) Srivijaynagar, District Sriganganagar.

5. Ram Devi D/o Hari Chand Kumhar, Aged About 46 Years, Presently Posted As Prabodhak At Govt. Primary School, 10 G.B. (Dhani) Srivijaynagar, District Sriganganagar

6. Sadual Singh S/o Pep Singh, Aged About 47 Years,

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Presently Posted As Prabodhak At Govt. Primary School, 1 PT. (B) Srivijaynagar District Sriganganagar

7. Bharat Singh D/o Devi Singh, Aged About 53 Years, Presently Posted As Prabodhak At Govt. Primary School, 4 STB Srivijaynagar, District Sriganganagar

8. Nirmal Singh S/o Kalu Ram, Aged About 53 Years, Presently Posted As Prabodhak At Govt. Primary School, 8 G.B. (Dhani) Srivijaynagar, District Sriganganagar..

9. Sunita Bahal W/o Virendra Kumar, Aged About 51 Years, Presently Posted As Prabodhak At Govt. Upper Primary School, 12 Kishnawali, Srivijaynagar District Sriganganagar

10. Sita Ram S/o Sadhu Ram, Aged About 55 Years, Presently Posted As Prabodhak At Govt. Primary School, 1 Cdm, Srivijaynagar District Sriganganagar

11. Richhpal S/o Hari Ram, Aged About 49 Years, Presently Posted As Prabodha At Govt. Primary School, 3 Dam Srivijaynagar District Sriganganagar

12. Rameshwer Lal S/o Ramnarian, Aged About 40 Years, Presently Posted As Prabodhak At Govt. Primary School, 12 G.M. Srivijaynagar District Sriganganagar.

13. Avtar Singh S/o Darshan Singh, Aged About 39 Years, Presently Posted As Prabodhak At Govt. Primary School, 17 G.M. (A) Srivijaynagar, District Sriganganagar.

14. Sardul Singh S/o Kiker Singh, Aged About 38 Years, Presently Posted As Prabodhak At Govt. Primary School, 57 G.B. Anoopgarh District Sriganganagar.

15. Gurpreet Singh S/o Lashkar Singh, Aged About 40 Years, Presently Posted As Prabodhak At Govt. Primary School, 56 G.B. (A) Anoopgarh District Sriganganagar.

16. Harpreet Singh S/o Nihal Singh, Aged About 40 Years, Presently Posted As Prabodhak At Govt. Primary School, 1 Rtm Anoopgarh District Sriganganagar.

17. Kishan Singh S/o Prem Singh, Aged About 48 Years, Presently Posted As Prabodhak At Govt. Upper Primary School, 3/4 DJM Srivijaynagar, District Sriganganagar.

18. Reena Saini W/o Sandeep Saini, Aged About 48 Years, Presently Posted As Prabodhak At Govt. Upper Primary

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School, 17 GB Srivijaynagar District Sriganganagar.

19. Mahendra Singh S/o Amar Singh, Aged About 49 Years, Presently Posted As Prabodhak At Govt. Upper Primary School, 1 BLM Srivijaynagar, District Sriganganagar.

20. Sharwan Kumar S/o Kishna Ram, Aged About 54 Years, Presently Posted As Prabodhak At Govt. Primary School, 2 BLM Srivijaynagar, District Sriganganagar.

21. Somarani D/o Murarilal W/o Vikaram, Aged About 49 Years, Presently Posted As Prabodhak At Govt. Upper Primary School, 10As Srivijaynagar, District Sriganganagar.

22. Satpal S/o Malluram, Aged About 37 Years, Presently Posted As Prabodhak At Govt. Primary School, 9As (B) Tibba Srivijaynagar, District Sriganganagar.

23. Pushplata D/o Lalchand W/o Amarchand, Aged About 59 Years, Presently Posted As Prabodhak At Govt.upper Primary School, 45 G.B. Srivijaynagar, District Sriganganagar.

24. Bhupendra Singh S/o Ratan Singh, Aged About 40 Years, Presently Posted As Prabodhak At Govt. Primary School, 10 APD (B) Srivijaynagar, District Sriganganagar.

25. Virendra Kumar S/o Chanduram, Aged About 50 Years, Presently Posted As Prabodhak At Govt. Primary School, 1 UK (B) Srivijaynagar, District Sriganganagar.

26. Kumkum Rani D/o Puranchand W/o Vijaykumar, Aged About 54 Years, Presently Posted As Prabodhak At Govt. Upper Primary School, 42 G.B. Srivijaynagar, District Sriganganagar

27. Veerpalkaur D/o Chand Singh, Aged About 44 Years, Presently Posted As Prabodhak At Govt. Primary School, 1 Sjm Srivijaynagar, District Sriganganagar.

28. Sarika Bishnoi D/o Brij Lal W/o Vishnu Ram, Aged About 50 Years, Presently Posted As Prabodhak At Govt. Upper Primary School, 8 EE (A), Padampur District Sriganganagar.

29. Aatma Ram S/o Shri Nathu Ram, Aged About 58 Years, Presently Posted As Prabodhak At Govt. Primary School, 3 PP Padampur, District Sriganganagar.

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30. Arunlata Sharma D/o Laxman Prasad Sharma, Aged About 47 Years, Presently Posted As Prabodhak At Govt. Girls Upper Primary School, Fakirwali, Padampur District Sriganganagar.

31. Rajendra Kumar Rokna S/o Ladhu Ram, Aged About 49 Years, Presently Posted As Prabodhak At Govt. Upper Primary School, 31 RB 1st, Padampur District Sriganganagar.

32. Sandeep S/o Hanuman Prasad, Aged About 37 Years, Presently Posted As Prabodhak At Govt. Upper Primary School, 63 LNP, 1st , Padampur District Sriganganagar.

33. Jagtar Singh S/o Nirmal Singh, Aged About 40 Years, Presently Posted As Prabodhak At Govt. Primary School, 3-SD Anoopgarh District Sriganganagar

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat Rajasthan.

2. The Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Jaipur.

3. The Director, Elementary Education Bikaner.

4. The Secretary, Department Of Finance Govt. Of Rajasthan Jaipur

----Respondents (32) S.B. Civil Writ Petition No. 11483/2020 Bhagwat Singh Charan S/o Shri Narayan Singh Charan, Aged About 40 Years, R/o Village Badi Khurd, Tehsil Bilara, District Jodhpur, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District

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Bikaner, Rajasthan.

4. The Joint Director (School Education), Jodhpur Division, District Jodhpur, Rajasthan.

5. The District Education Officer (Headquarter), Elementary Education, Jodhpur, District Jodhpur, Rajasthan.

6. The Principal/PEEO, Government Senior Secondary School Boyal, Block Pipar City, District Jodhpur, Rajasthan.

----Respondents (33) S.B. Civil Writ Petition No. 11618/2020 Krishanpal Singh S/o Shri Juhar Singh, Aged About 44 Years, R/o Moolji Ka Vas, Village Raithal, Tehsil Ahore, District Jalore, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The District Education Officer (Headquarter), Elementary Education, Jalore,district Jalore, Rajasthan.

5. The Principal/PEEO, Government Senior Secondary School Bhawrani, Block Ahore, District Jalore, Rajasthan.

----Respondents (34) S.B. Civil Writ Petition No. 8476/2021 Jabra Ram Patel S/o Shri Mishri Lal Patel, Aged About 42 Years, R/o Village Lundawas, Post Roopawas, Tehsil Sojat City, District Pali, Rajasthan.

----Petitioner Versus

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

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2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur. Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The Joint Director (School Edcation), Pali Division, District Pali, Rajasthan.

5. The District Education Officer (Headquarter), Elementary Education, Pali, District Pali, Rajasthan.

6. The Principal/PEEO, Shri Sundernath Dungarnath Government Senior Secondary School, Bilawas, Gram Panchayat Bilawas, District Pali, Rajasthan.

----Respondents (35) S.B. Civil Writ Petition No. 12598/2021 Poonma Ram S/o Shri Vela Ram, Aged About 46 Years, R/o Village Ratanpura, Post Leta, Tehsil Aahore, District Jalore, Rajasthan.

----Petitioner Versus

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

2. The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

4. The Joint Director (School Education), Pali Division, District Pali, Rajasthan.

5. The District Education Officer (Headquarter), Elementary Education, Jalore, District Jalore, Rajasthan.

6. The Chief Block Education Officer, Block Jalore, District Jalore, Rajasthan.

7. The Principal/PEEO, Government Senior Secondary School, Sankarana, Block Jalore, District Jalore, Rajasthan.

----Respondents

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For Petitioner(s) : Mr. Kailash Jangid Mr. M.S. Shekhawat Mr. J.S. Bhaleria Mr. Sukesh Bhati Mr. Devendra Kumar Soni Mr. Vikram Singh Bhati Mr. N.R. Budania For Respondent(s) : Dr. Bhawna Jangid Mr. G.S. Chouhan for Mr. K.K. Bissa Mr. Sarwan Kumar for Mr. Hemant Choudhary

JUSTICE DINESH MEHTA

Order

20/09/2023

1. By way of these writ petitions, the petitioners have

challenged the order passed by the respondents (dated

01.02.2019/15.06.2020/11.06.2020 impugned in each writ

petition and the consequential orders), 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

these writ petitions 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. Ms. Bhawna Jangid, learned counsel for the respondents

submitted that an appeal has been preferred by the State against

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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 these matters

pending, particularly when interim order(s) have been passed in

petitioners' favour by this Court.

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

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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 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.

In view of the aforesaid, it is directed

that no recovery in line with the aforesaid observations be made from the petitioners."

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7. In view of the aforesaid, these writ petitions are allowed.

8. The impugned order dated 11.06.2020 and consequential

order of recovery in each of the writ petition are hereby quashed

and set aside qua the petitioner(s).