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Bheru Lal Meghwal vs The State Of Rajasthan ...
2024 Latest Caselaw 1933 Raj

Citation : 2024 Latest Caselaw 1933 Raj
Judgement Date : 28 February, 2024

Rajasthan High Court - Jodhpur

Bheru Lal Meghwal vs The State Of Rajasthan ... on 28 February, 2024

[2024:RJ-JD:10269]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 3238/2024
1.       Bheru Lal Meghwal S/o Kanhaiya Lal Meghwal, Aged
         About 38 Years, R/o Village Sada Post Nichali Sigari Th.
         Jhadol Dist. Udaipur
2.       Sohan Lal Gorna S/o Dhul Chand Gorna, Aged About 44
         Years, R/o Village Nala Chota Post Adkalia Teh.jhadol
         Udaipur Rajasthan
3.       Bheem Raj Katara S/o Hakara Katara, Aged About 50
         Years, R/o Village Nala Bada Post Adkaliya Tehsil Jhadol
         Dist.udaipur Rajasthan.
4.       Parvat Singh Garasiya S/o Laxman Singh, Aged About 34
         Years, R/o Village Sarvan Post Lathuni Tehsil Jhadol
         District Udaipur (Raj.)
5.       Ramesh Kumar Kalal S/o Shankar Lal Kalal, Aged About
         35 Years, R/o Village Upli Sigri Po. Nichli Sigri Tehsil
         Jhadol (Ph.) Udaipur.
6.       Farukh Mohammad S/o Hamid Mohammad, Aged About
         38 Years, R/o Village Post Kolyari Thesil Jhadol (Ph)
         District Udaipur
7.       Roshan Lal Gamar S/o Kala Gamar, Aged About 44 Years,
         R/o Village Adakaliy Post Nevaj (Beerothi) Tehsil Jhadol
         Dist. Udaipur
8.       Sunderlal Kharadi S/o Sjri Vesaji Kharadi, Aged About 50
         Years, R/o Village Bhamti Post Som Tehsil Jhadol (F) Dist
         Udaipur Raj .
9.       Kailash Chandra Meena S/o Vala Ram Meena, Aged About
         50 Years, R/o Village -Suali. Post Som Tehsil- Jhadol.
         District Udaipur( Raj)
10.      Surgyan Tanwar S/o Shri Ramdhan Tanwar, Aged About
         36 Years, R/o Village Dahlod Tehsil Newai, Disrict Tonk
         Rajasthan.
11.      Suman Gurjar W/o Sharwan Lal Gurjar, Aged About 33
         Years, R/o Sedriya Khurd, Post Dahlod, Tehsil Newai
         District Tonk (Raj.).
12.      Anil Kumar Pancholi S/o Ramdev Pancholi, Aged About 38
         Years, R/o Khungaro Ka Mohalla, Ward No. 6, Newai Teshi
         Newai, District Tonk, Rajasthan.
13.      Satya Narayan Meena S/o Prabhu Lal Meena, Aged About

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         38 Years, Village Funsi, Post Luhara, Tehsil Newai, District
         Tonk Rajasthan.
14.      Hanuman Prasad Jangid S/o Chittar Mal Jangid, Aged
         About 28 Years, R/o Village Hingoniya, Tehsil Newai,
         District Tonk Rajasthan.
15.      Rajesh Yadav S/o Prahlad Ahir, Aged About 44 Years, R/o
         Village Haripura, Post Bansthali, Tehsil Newai, District
         Tonk Rajasthan.
16.      Hanuman Meena S/o Ramswaroop Menea, Aged About 45
         Years, R/o Village Rohit Jhundwa, Tehsil Uniyara, District
         Tonk.
17.      Devendra Singh Nathawat S/o Karan Singh Nathawat,
         Aged About 35 Years, R/o Village Khandwa, Tehsil Newai,
         District Tonk.
18.      Yogesh Kumar Meena S/o Ramphool, Aged About 28
         Years, R/o Village Deori Post Newai, Tehsil Newai, District
         Tonk Rajasthan.
19.      Jagdish Prasad Sharma S/o Ramgopal Sharma, Aged
         About 48 Years, R/o Dangarthal, Tehsil Newai, District
         Tonk.
20.      Pradhan Jat S/o Nanulal Jat, Aged About 33 Years, R/o
         Village Ghareda, Post Kukoor, Tehsil Todaraisingh, District
         Tonk -Kekdi.
21.      Dharmendra Kumar Choudhary S/o Bhawani Shanker
         Choudhary, Aged About 38 Years, R/o Khigdi, Tehsil
         Newai, District Tonk.
22.      Sunita D/o Parmeshwar Lal, Aged About 31 Years, R/o
         Balaji Mandir Ke Pas Salori, District Jodhpur.
23.      Vish Prakash Choudhan S/o Durga Lal Chouhan, Aged
         About 40 Years, R/o Chhota Bazar, Gurjaro Ka Mohalla,
         Sambhar Lake, District Jaipur.
24.      Pinku Shakdwipee D/o Rameshwar Prasad Sharma, Aged
         About 47 Years, R/o 432, Dev Gali, Chikarda, Tehsil
         Dungala, District Chittorgarh.
25.      Shobha Lal Gurjar S/o Amer Chnad, Aged About 41 Years,
         R/o Bhatoli, Gurjar, Nadakheda, Tehsil Dungla, District
         Chittorgarh.
26.      Mohammad         Riyazuddin       S/o     Mohammad      Sirazudding,


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         Aged About 31 Years, R/o Baldara, Tehsil Anta, District
         Baran,.
27.      Kamlesh Kumar Sharma S/o Shri Ramdev Sharma, Aged
         About       38    Years,       R/o      Village      Bhamar,        Post    Guda
         Sadawatiya, Tehsil Nenwa, Distric Bundi, Rajasthan.
28.      Deen Dayal Sharma S/o Gendbihari Sharma, Aged About
         40 Years, R/o Sasti, Post Luharpura, Tehsil Nenwa,
         District Bundi Rajasthan
29.      Rajendra Kumar Kumhar S/o Shri Ranglal Kumhar, Aged
         About 29 Years, R/o Peepriya, Kumharo Ka Mohalla,
         Peepariya District Bundi Rajasthan.
30.      Mukesh Yogi S/o Mohanlal Yogi, Aged About 32 Years, R/o
         Village     Kailashpuri,         Post       Chattarganj,         Tehsil    Hindoli
         District Bundi Rajasthan.
31.      Prem Singh Jhala S/o Shri Sardar Singh Jhala, Aged
         About 42 Years, R/o Losing, Ghirwa, District Udaipur.
32.      Ugma Ram S/o Shri Luna Ram, Aged About 36 Years, R/o
         Village Post Karnu, Tehsil Khinvsar, District Nagaur,
         Rajasthan.
33.      Kishan Lal Keer S/o Shri Bhura Lal Keer, Aged About 55
         Years, R/o Village Hapakhedi, Punawali, Tehsil Bhadesar,
         District Chittorgarh, Rajasthan.
34.      Manoj Kumar Chaudhary S/o Chiman Lal Chaudhary,
         Aged      About       37    Years,       R/o     Village     Kachher,       Tehsil
         Vallabhnagar, District Udaipur, Rajasthan.
35.      Suresh Kumar Garg S/o Pusha Lal, Aged About 3 Years,
         R/o     Piplinagar,         Tehsil       Bhim,        District      Rajsamand,
         Rajasthan.
36.      Vijay Kumar Jangid S/o Shyam Lal, Aged About 29 Years,
         R/o Ward No. 2, Sangaliya, Tehsil Dhod, District Sikar,
         Rajasthan.
37.      Veer Singh Gurjar S/o Vijay Singh Gurjar, Aged About 35
         Years, R/o Hingotwari, Talchidi, District Dausa, Rajasthan.
                                                                          ----Petitioners
                                         Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         School Education, Government Of Rajasthan, Secretariat,
         Jaipur (Raj.)


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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
         (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, Udaipur (Raj.).
8.       The District Education Officer, Headquarters, Elementary
         Education, Tonk (Raj.).
9.       The District Education Officer, Headquarters, Elementary
         Education, Bundi (Raj.).
10.      The District Education Officer, Headquarters, Elementary
         Education, Kekdi (Raj.).
11.      The District Education Officer, Headquarters, Elementary
         Education, Jodhpur (Raj.).
12.      The District Education Officer, Headquarters, Elementary
         Education, Jaipur (Raj.).
13.      The District Education Officer, Headquarters, Elementary
         Education, Chittorgarh (Raj.).
14.      The District Education Officer, Headquarters, Elementary
         Education, Bara (Raj.).
15.      The District Education Officer, Headquarters, Elementary
         Education, Rajsamand (Raj.).
16.      The District Education Officer, Headquarters, Elementary
         Education, Sikar (Raj.).
17.      The District Education Officer, Headquarters, Elementary
         Education, Dausa (Raj.).
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Vikram Singh Bhawla



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               HON'BLE MR. JUSTICE ARUN MONGA

Order

28/02/2024

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 on a judgment rendered by this Court in case

of Jassa Ram Choudhary and Ors. Vs. State of Rajasthan &

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., D.L.I.S. and C.L.I.S., 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 petitioners also submitted

representations (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.

[2024:RJ-JD:10269] (6 of 6) [CW-3238/2024]

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 (Annexure-7) of the petitioners by passing an

appropriate administrative order, in accordance with law.

7. Needful be done as expeditiously as possible.

(ARUN MONGA),J 316-AnilKC/-

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