Citation : 2024 Latest Caselaw 1706 Raj
Judgement Date : 21 February, 2024
[2024:RJ-JD:8898]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2436/2024
1. Ladulal S/o Shri Roopalal, Aged About 37 Years, Resident Of
Kotdi, District Bhilwara
2. Nand Singh S/o Shri Govind Singh, Aged About 52 Years,
Resident Of Satola Ka Kheda, Tehsil Kotdi, District Bhilwara
3. Deu Kumari D/o Shri Balulal, Aged About 40 Years, Resident
Of Udliyas, Tehsil Kotdi, District Bhilwara.
4. Badrilal S/o Shri Devbux, Aged About 37 Years, Resident Of
Dovni, Tehsil Kotdi, District Bhilwara
5. Kamlesh Kanwar D/o Shri Shanker Singh, Wife Of Shri Gajraj
Singh, Aged About 43 Years, Resident Of Diya, Tehsil Kotdi,
District Bhilwara
6. Baldev Singh S/o Shri Chandra Singh, Aged About 36 Years,
Resident Of Jaswantpura, Tehsil Kotdi, District Bhilwara
7. Ladu Lal S/o Shri Udailal, Aged About 48 Years, Resident Of
Dhokalya, Tehsil Kotdi, District Bhilwara
8. Mahesh Singh S/o Shri Shiv Singh, Aged About 38 Years,
Resident Of Dhokalya, Tehsil Kotdi, District Bhilwara
9. Bhimraj S/o Shri Nandlal, Aged About 37 Years, Resident Of
Devkheda, Tehsil Kotdi, District Bhilwara
10. Ramdev S/o Shri Ratanlal, Aged About 30 Years, Resident Of
Kanti, Tehsil Kotdi, District Bhilwara
11. Tina D/o Shri Ramchandra, W/o Harishanker, Aged About 31
Years, Resident Of Rebari Mohalla, Kakroliya Ghati, Tehsil
Kotdi, District Bhilwara
12. Memuda D/o Shri Sardar, W/o Firoz Khan, Aged About 36
Years, Resident Of Kothaj, Tehsil Kotdi, District Bhilwara.
13. Neetu D/o Shri Kailash, W/o Shri Rajkumar, Aged About 43
Years, Resident Of Paroli, Tehsil Kotdi, District Bhilwara.
14. Sanju D/o Shri Omprakash, W/o Shri Mukesh, Aged About 40
Years, Resident Of Paroli, Tehsil Kotdi, District Bhilwara.
15. Renu D/o Shri Badri Prasad, W/o Ashish Kumar, Aged About
36 Years, Resident Of Paroli, Tehsil Kotdi, District Bhilwara.
16. Suman Kanwar D/o Shri Chand Singh, W/o Shri Vijendra
Singh, Aged About 38 Years, Resident Of Chhapdel, Tehsil
Kotdi, District Bhilwara.
17. Balwant Singh S/o Shri Govind Singh, Aged About 49 Years,
Resident Of Satola Ka Kheda, Tehsil Kotdi, District Bhilwara
18. Maya Kanwar D/o Shri Shivraj Singh, W/o Shri Devendra
Singh, Aged About 37 Years, Resident Of Somasiyas, Tehsil
Kotdi, District Bhilwara.
19. Bharat Singh S/o Shri Prem Singh, Aged About 37 Years,
Resident Of Nandrai, Tehsil Kotdi, District Bhilwara
20. Shanker Lal S/o Shri Badrilal, Aged About 40 Years, Resident
Of Kheda, Tehsil Kotdi, District Bhilwara.
21. Shyamlal S/o Shri Kanhaiyalal, Aged About 55 Years,
Resident Of Nandrai, Tehsil Kotdi, District Bhilwara.
22. Narendra Pareek S/o Shri Jagdish Chandra, Aged About 41
Years, Resident Of Jaliya, Tehsil Mandalgarh, District
Bhilwara.
23. Bhagwanlal S/o Shri Chhitar, Aged About 46 Years, Resident
Of Kotdi, Tehsil Kotdi, District Bhilwara.
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[2024:RJ-JD:8898] (2 of 3) [CW-2436/2024]
24. Radhey Shyam S/o Shri Bansilal, Aged About 45 Years,
Resident Of Tarba Mohalla, Bhilwara.
25. Nand Singh S/o Shri Bhanwar Singh, Aged About 37 Years,
Resident Of Mejan, District Bhilwara.
26. Vinod S/o Shri Bherulal, Aged About 37 Years, Resident Of
Mejan, District Bhilwara
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Finance, Government Of Rajasthan,
Secretariat, Jaipur.
2. Secretary Finance (Budget), Department Of Finance,
Government Of Rajasthan, Secretariat, Jaipur.
3. Principal Secretary, Department Of School Education,
Government Of Rajasthan, Secretariat, Jaipur.
4. Joint Secretary (Admn.), Department Of Elementary
Education, Government Of Rajasthan, Secretariat, Jaipur.
5. Dy. Secretary, Department Of Elementary Education,
Government Of Rajasthan, Secretariat, Jaipur.
6. Director, Elementary Education, Rajasthan, Bikaner
7. District Education Officer (Hq), Elementary Education,
Bhilwara
8. Block Education Officer, Kotdi, District Bhilwara
----Respondents
For Petitioner(s) : Mr. B.S. Charan.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order 21/02/2024
1. Grievance of the petitioners herein, arises out of the
inaction/non-consideration on the part of the respondents to
consider their claim to have degree in Library & Information
Science in distance education and re-fixation of their monthly pay,
which is being currently paid, notwithstanding that the District
Education Officer, (Headquarter), Elementary, Bhilwara, vide a
letter dated 15.04.2023 recommended their case favourably to All
Chief Block, Education Officers.
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
[2024:RJ-JD:8898] (3 of 3) [CW-2436/2024]
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.
3. Learned counsel for the petitioners at the outset submits that
qua the aforesaid grievance, the petitioner also submitted
representation (Annexure-4) 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-4) by passing an
appropriate administrative order, in accordance with law, subject
to the verification of the qualification acquired by the petitioners
and the recognition thereof.
7. Needful be done as expeditiously as possible.
(ARUN MONGA),J 60-Sumit/-
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