Citation : 2024 Latest Caselaw 1933 Raj
Judgement Date : 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.
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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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