Rajasthan High Court - Jodhpur
Sukhdev vs The State Of Rajasthan ... on 15 February, 2024
[2024:RJ-JD:7916]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2150/2024
1. Sukhdev S/o Shri Deram Ram, Aged About 28 Years, R/o
Dhindo Ka Bas, Dangiyawas, District Jodhpur (Raj.).
2. Prabhu Singh Nathawat S/o Shri Kalyan Singh Nathawat,
Aged About 40 Years, R/o Karansar, Tehsil Jobner, District
Jaipur (Raj.).
3. Rajesh Kumar Yogi S/o Shri Radheshyam Yogi, Aged
About 44 Years, R/o Village Papra, Post Navalpura, Tehsil
Indergarh, District Bundi (Raj.).
4. Raja Ram Jat S/o Shri Hansraj Jat, Aged About 29 Years,
R/o Village Itaria, Tehsil Phuliya Kala, District Bhilwara
(Raj.).
5. Babulal Sen S/o Shri Anandilal Sen, Aged About 44 Years,
R/o Village Godaliyadi, Tehsil Ladpura, District Kota
(Raj.).
6. Devi Singh Chouhan S/o Shri Man Singh Chouhan, Aged
About 38 Years, R/o Gejra, District Chittorgarh (Raj.).
7. Pawan Kumar Meena S/o Shir Ramkesh Meena, Aged
About 29 Years, R/o Village Kasara, Post Guvreda, Tehsil
Masalpur, District Karauli (Raj.).
8. Harish Dube S/o Shri Goverdhanlal Dube, Aged About 51
Years, R/o Near Ram Hanuman Mandir, Chaumahla, Tehsil
Dug, District Jhalawar (Raj.).
9. Vinod Kumar S/o Shri Hanuman Prasad, Aged About 27
Years, R/o Purobadi, Tehsil Dhod, District Sikar (Raj.).
10. Bhudev Singh S/o Shri Hukam Singh, Aged About 36
Years, R/o Village Soniyana, Vaya Lotiyana, P.s. Jawaja,
Tehsil Beawar, District Beawar (Raj.)
11. Teel Singh Chauhan S/o Shri Nathu Singh Chauhan, Aged
About 53 Years, R/o Village Barjal, Vaya Deogarh, Tehsil
Bhim, District Rajsamand (Raj.).
12. Mukesh Kumar S/o Shri Chunni Lal, Aged About 36 Years,
R/o Village Jawapur, Post Janapur,tehsil Pindwara, District
Sirohi (Raj.).
13. Manisha Deora D/o Shri Sawai Singh Deora, Aged About
29 Years, R/o Jaino Ka Was, Deldar, District Sirohi (Raj.).
14. Rakesh S/o Shri Roop Ram, Aged About 32 Years, R/o
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Meghwalo Ka Bas, Bagarki, Pipar, Jodhpur (Raj.).
15. Phool Singh S/o Shri Chandan Singh, Aged About 34
Years, R/o Kanwara, Bharatpur (Raj.).
16. Girvar Sharma S/o Shri Shree Gopal Sharma, Aged About
33 Years, R/o Siswara, Bharatpur (Raj.).
17. Mahesh Sharma S/o Shri Kanhiya Lal, Aged About 32
Years, R/o Siswara, Tehsil Deeg, District Bharatpur (Raj.).
18. Ghyanesh S/o Shri Chandmal, Aged About 32 Years, R/o
Arnoda, Tehsil Nimbahera, District Chittorgarh (Raj.).
19. Devi Lal Ahir S/o Shri Khema, Aged About 42 Years, R/o
Village Post Surawas, Tehsil Sahada, District Bhilwara
(Raj.).
20. Sohan Lal Jat S/o Shri Lehru Lal Jat, Aged About 34
Years, R/o Hathipura, Kabradiya, Tehsil Kareda, District
Bhilwara (Raj.).
21. Hemendra Singh S/o Shri Shamboo Singh, Aged About 38
Years, R/o Lototi, Tehsil Jaitaran, District Beawar (Raj.).
22. Sawai Lal S/o Mangi Lal Bhargava, Aged About 33 Years,
R/o Opp. Panchayat Samiti, Bhargav Bas, Chohtan,
District Barmer (Raj.).
23. Vimla Panwar W/o Shri Mahendra Kumar Jagga, Aged
About 48 Years, R/o Village And Post, Bhanpur Kalan,
Tehsil Jamwaramgarh, District Jaipur (Raj.).
24. Narayan Singh S/o Shri Dalpat Singh, Aged About 32
Years, R/o Punawali, Tehsil Sayra, District Udaipur (Raj.).
25. Udal Singh Meena S/o Shri Chiranji Lal Meena, Aged
About 49 Years, R/o Village And Post Nadri, Tehsil Sikrai,
District Dausa (Raj.).
26. Vijaylaxmi Pradhan W/o Shri Shankar Lal Sharma, Aged
About 36 Years, R/o Dhani Kankreliya Post Bhanpur
Kalan, Tehsil Jamwaramgarh, District Jaipur (Raj.).
27. Kailash Chandra Jat S/o Shri Madan Lal Jat, Aged About
43 Years, R/o Potlan, Tehsil Sarada, District Bhilwara
(Raj.).
28. Jagdish Chandra Jat S/o Shri Gopi Lal Jat, Aged About 40
Years, R/o Ward No.1, Jatwadi, Sarada, District Bhilwara
(Raj.).
29. Asha Nai W/o Shri Nana Lal Sen, Aged About 42 Years, R/
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o Gurjar Mohalla, Ward No.3, Galodiya, Gangapur, Tehsil
Sarada, District Bhilwara (Raj.).
30. Jagdish Chandra S/o Shri Sukhdev Jat, Aged About 34
Years, R/o Jato Ka Mohalla, Ward No.15, Gangapur, Tehsil
Sarada, District Bhilwara (Raj.).
31. Anil Kumar Sharma S/o Shri Arvind Kumar Sharma, Aged
About 41 Years, R/o Near Sadhna Sadan, Factory Road,
Gangapur, Tehsil Sarada, District Bhilwara (Raj.).
32. Dilip Kumar Mali S/o Shri Ram Pal Mali, Aged About 43
Years, R/o Ward No.3, Raipur Marg, Gangapur, Tehsil
Sarada, District Bhilwara (Raj.).
33. Hemant Kumar Sharma S/o Shri Radheshyam Sharma,
Aged About 55 Years, R/o Dhipari Chambal, Dheepri
(Chambal), Dhipari, Pipalda, District Kota (Raj.).
34. Dinesh Kumar Marothiya S/o Shri Mal Chand Kumawat,
Aged About 35 Years, R/o Village Doongarsi Ka Bas, Post
Karansar, Tehsil Kishangarh Renwal, District Jaipur (Raj.).
35. Kamla Ram Gameti S/o Shri Manna Ram Gameti, Aged
About 42 Years, R/o Nanga Ji Ka Gurha, Udaipur (Raj.).
36. Heer Singh Kumbhawat S/o Shri Sohan Singh, Aged
About 34 Years, R/o Upla Pada Mohalla, Tarpal, Udaipur
(Raj.).
37. Mukesh Kumar Shrimali S/o Shri Banshi Lal Shrimali,
Aged About 38 Years, R/o Talesaro Ka Mohalla, Tarpal,
Udaipur (Raj.).
38. Sunil Chandra S/o Shri Babulal, Aged About 33 Years, R/o
Andolav, Tehsil Khinvsar, Andolav, Nagaur (Raj.).
39. Madan Gopal S/o Shri Mana Ram, Aged About 35 Years,
R/o Andolav, Bhundel, Nagaur (Raj.).
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
School Education, Government Of Rajasthan, Secretariat,
Jaipur (Raj.).
2. The Secretary, Finance (Budget), Department Of Finance,
Government Of Rajasthan, Secretariat, Jaipur (Raj.).
3. The Joint Secretary (Admn.), Department Of Elementary
Education, Government Of Rajasthan, Secretariat, Jaipur
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(Raj.).
4. The Deputy Secretary, Department Of Elementary
Education, Government Of Rajasthan, Secretariat, Jaipur
(Raj.).
5. The Director, Elementary Education, Rajasthan, Bikaner
(Raj.).
6. The State Project Director, School Education Council,
Jaipur (Raj.).
7. The District Education Officer, Headquarters, Elementary
Education, Jodhpur (Raj.).
8. The District Education Officer, Headquarters, Elementary
Education, Chittorgarh (Raj.).
9. The District Education Officer, Headquarters, Elementary
Education, Bhilwara (Raj.).
10. The District Education Officer, Headquarters, Elementary
Education, Jaipur (Raj.).
11. The District Education Officer, Headquarters, Elementary
Education, Bundi (Raj.).
12. The District Education Officer, Headquarters, Elementary
Education, Kota (Raj.).
13. The District Education Officer, Headquarters, Elementary
Education, Karauli (Raj.).
14. The District Education Officer, Headquarters, Elementary
Education, Dausa (Raj.).
15. The District Education Officer, Headquarters, Elementary
Education, Jhalawar (Raj.).
16. The District Education Officer, Headquarters, Elementary
Education, Sikar (Raj.).
17. The District Education Officer, Headquarters, Elementary
Education, Beawar (Raj.).
18. The District Education Officer, Headquarters, Elementary
Education, Udaipur (Raj.).
19. The District Education Officer, Headquarters, Elementary
Education, Bharatpur (Raj.).
20. The District Education Officer, Headquarters, Elementary
Education, Sirohi (Raj.).
21. The District Education Officer, Headquarters, Elementary
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Education, Rajsamand (Raj.).
22. The District Eduaction Officer, Headquarters, Elementary
Education, Shahpura (Raj.).
23. The District Eduaction Officer, Headquarters, Elementary
Education, Nagaur (Raj.).
----Respondents
For Petitioner(s) : Mr. VS Bhawla.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order
15/02/2024
1. Grievance of the petitioners herein, arises out of the
inaction/non-consideration on the part of the respondents to
consider their claim of re-fixation of their monthly pay at the rate
of Rs.16,900/- as against Rs.10,400/- which is being currently
paid, notwithstanding that the Director, Elementary Education,
Rajasthan vide a letter dated 24.04.2023 recommended their case
favourably to Deputy Secretary(Admn.), Department of
Elementary Education, Government of Rajasthan.
2. They also rely a judgment rendered by this Court in case of
Jassa Ram Choudhary and Ors. Vs. State of Rajasthan and
Ors.(S.B. Civil Writ Petition No. 17901/2023) decided on
09.11.2023 pursuant whereto, similarly situated counterparts
have been accorded benefit. They claim that despite their passing
the requisite qualification of B.L.I.S., C.L.I.S., D.L.I.S., A.D.L.M.
and D.L.M., they are not being considered eligible for appointment
as Panchayat Teachers in the Elementary Education Department in
the higher pay bracket as aforesaid.
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3. Learned counsel for the petitioners at the outset submits that
qua the aforesaid grievance, the petitioner also submitted
representation (Annexure-7) before the competent authority for
redressal thereof, which has remained pending till date without
being taken up for passing any orders either way, therefore, the
competent authority be directed to decided the same by passing
appropriate administrative orders expeditiously.
4. Request seems to be fair.
5. Given the nature of order which is being passed, no
prejudice would be caused to the respondents and, therefore, the
requirement of issuance of notice is dispensed with as no return is
required to be filed by them.
6. In the aforesaid premise, the writ petition is disposed of. The
respondent competent authority is directed to decide the pending
representations of the petitioner (Annexure-7) by passing an
appropriate administrative order, in accordance with law.
7. Needful be done as expeditiously as possible.
(ARUN MONGA),J
15-/Jitender//-
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