Rajasthan High Court - Jodhpur
Jabber Singh vs The State Of Rajasthan ... on 28 February, 2024
[2024:RJ-JD:10215]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3212/2024
1. Jabber Singh S/o Madho Singh Rathore, Aged About 35 Years,
Resident Of New Colony, Sardargarh, District Rajsamand,
313330.
2. Gopal Lal Tailor S/o Madan Lal Tailor, Aged About 42 Years, R/
o Vpo H. No. 230, Gandhi Nagar Colony, Jaiday Vibhag Ke
Samne, Amet, District Rajsamand 313332.
3. Noja Ram Meghwal S/o Teja Ram Meghwal, Aged About 38
Years, R/o Vpo Meghwal Basti, Mukhy Ganv Pipla, Manchram,
District Rajsamand 313708.
4. Sangeeta Jalwaniyan D/o Ugam Das, Aged About 32 Years, R/
o Vpo Ravli Ki Bhagal, Dhoran, District Rajsamand 313321.
5. Ghanshyam Patidar S/o Badri Lal, Aged About 48 Years, R/o
Vpo Dubaliya, District Jhalawar, 326513.
6. Chanda Mali D/o Devi Lal Mali, Aged About 39 Years, R/o Vpo
Charbhuja District Rajsamand 313333.
7. Pushpa Kumari Sevak D/o Dhula Sevak, Aged About 34 Years,
R/o Vpo Amartiya, Janawad, District Rajsamand Pin 313333.
8. Mahesh Kumar Chittora S/o Ramswroop Chittora, Aged About
38 Years, R/o Vpo Gardara, Gadarda Bundi Pin 323022.
9. Ramdev Sharma S/o Kanhaiya Lal Sharma, Aged About 43
Years, R/o Vpo Krishi Colony, Chhatargarh District Bikaner Pin
334021.
10. Jitandra Kumar Trivedi S/o Prakash Chandra Trivedi, Aged
About 44 Years, R/o Vpo Indrakhet, Post Satirampur, Andar
Khet District Dungarpur Pin 31401.
11. Deepak Shukla S/o Narayan Lal Shukla, Aged About 46 Years,
R/o Vpo Partapur, District Banswara 327024.
12. Ram Lal Jat S/o Devban Jat, Aged About 45 Years, R/o Vpo
Gram Jawasiya Post Bardod, The. Hamergarh, District
Bhilwara 312001.
13. Deepak Chaubisa S/o Chandra Prakash Chaubisa, Aged About
34 Years, R/o Vpo 202 Brahmno Ka Nohra Charbhuja Mandir
Majawara Post Majawada, District Udaipur Pin 313602.
14. Nutan Kunwar Rathore D/o Devi Singh Rathore, Aged About
32 Years, R/o Vpo Ward No. 02, Chamunda Mandir Ke Pass,
Kelwara, District Rajsamand 313325.
15. Lalita Solanki D/o Nathu Singh Solanki, Aged About 37 Years,
R/op Vpo Onarsingh Ji Ke Bhagal, District Udaipur 313602.
16. Jayshri Sharma D/o Girija Shanker Sharma, Aged About 37
Years, R/o Upo-Devvsthan Saray Ke Pass, Garhbor, Garhbor
Rajsamand 313333.
17. Gayatri Tank D/o Ramesh Chandra Tank, Aged About 31
Years, R/o Vpo Tank Mohalla, Banediya District Rajsamand Pin
313329.
18. Kailash Chandra Tailor S/o Shyam Lal Tailor, Aged About 39
Years, R/o Vpo Ghadbor To Charbhuja, District Rajsamand
313333.
19. Ikbal S/o Fazzar Khan, Aged About 39 Years, R/o Vpo
Samsan, T Panari, Deeg, Bharatpur Pin 321023.
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20. Prakash Lal Regar S/o Mangi Ji, Aged About 35 Years, R/o Vpo
Lasani, Regaro Ka Mohalla Tehsil Deogarh, District Rajsamand
313331.
21. Madan Lal Audichya S/o Bhanwar Lal Audichya, Aged About
38 Years, R/o Vpo 371, Dabok, Morya Kua District Udaipur Pin
313022.
22. Kishan Lal Mali S/o Kaloo Ram Mali, Aged About 33 Years, R/o
Vpo Panotiya Mali Mohalla Panotiya District Rajsamand
313330.
23. Sitaram Meena S/o Ram Lal Meena, Aged About 31 Years, R/o
Vpo Bhagdu Tehsil Pipal District Tonk.
24. Shiv Lal Gurjar S/o Chunni Lal Gurjar, Aged About 37 Years,
R/o Vpo Itaw, Bassi District Chittorgarh Pin 312022.
25. Jagdish Chandra Mali S/o Mangi Lal Mali, Aged About 33
Years, Vpo Panotiya Relmangra District Rajsamand Pin
313207.
26. Jagdish Chandra Gurjar S/o Javana Lal Gurjar, Aged About 41
Years, R/o Vpo Sadiya Chittorgarh.
27. Ganesh Lal Gurjar S/o Mangi Lal Gurjar, Aged About 36 Years,
R/o Vpo - Luhariya Dugar, District Chittorgarh.
28. Jamna Gurjar D/o Mangi Lal Gurjar, Aged About 28 Years, R/o
Vpo-Gujran. Tadawada, Tehsil Kumbhlgarh, District
Rajsamand Pin Code 313333.
29. Tofik S/o Majid Khan, Aged About 38 Years, R/o Vpo- Gram
Was Ladduka, Bilond, Tehsil Kaman, District Bharatpur, Pin
Code 321022.
30. Ashok Kumar Joshi S/o Bhanwar Lal Joshi, Aged About 47
Years, R/o Vpo - Bhgwanda Khurd, Pasund, District
Rajsamand Pin Code-313324.
31. Shankar Lal Gadri S/o Heera Lal Gadri, Aged About 30 Years,
R/o Vpo- Banediya, District Rajsamand, Pin Code 313329.
32. Champa Lal Meghwal S/o Lalu Ram Meghwal, Aged About 35
Years, R/o Vpo - Pipla, Morcha, District Rajasamnd Pin Code-
313708.
33. Umesh Kumar S/o Rameshwar Prasad, Aged About 42 Years,
R/o Vpo - Maroth, Tehsil Nawa, District Nagaur Pin Code
341507
34. Dileep Singh Chauhan S/o Ram Singh Chauhan, Aged About
40 Years, R/o Vpo- Jhosawa, Galiyakot, District Dungarpur Pin
314035.
35. Beena Sharma D/o Rampal Sharma, Aged About 44 Years, R/
o Vpo-Chitrgali, Tehsil Nathdawara, District Rajsamand.
36. Rekha Kumari Salvi D/o Kalu Ram, Aged About 28 Years, R/o
Vpo- Khakhar Mala, District Rajsamand Pin Code 313332.
37. Khema Singh Rajput S/o Devi Singh Rajput, Aged About 41
Years, R/o Vpo-Charno Ki Madar, Kathar, District Udaipur Pin
Code 313001.
38. Laxman Lal Meghwal S/o Champa Lal Meghwal, Aged About
38 Years, R/o Vpo- Pipla, Manchra, District Rajsamand. Pin
Code-313708
39. Ramesh Khatik S/o Bhura Lal Khatik, Aged About 42 Years, R/
o Vpo - Gaon Gurha, Goanguda Rajsamand 313321.
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40. Asha Paliwal D/o Ramchandra, Aged About 42 Years, R/o Vpo
Sundarcha, Rajsamand 313324.
41. Varsha Nath D/o Bhanwar Nath, Aged About 35 Years, R/o
Vpo Saloda, District Rajsamand 313322.
42. Prayag Singh S/o Tulachha Singh, Aged About 32 Years, R/o
Narsingon Ki Dhani, Jaisalmer 345001.
43. Mangi Kumari Jat D/o Lehru Lal Jat, Aged About 35 Years, R/o
Devpuriya, Peeparda, Rajsamand 313324.
44. Narendra Kumar Upadhyay S/o Lila Ram Upadhayay, Aged
About 45 Years, R/o Vpo Galeshpur, Ashapura, District
Dungarpur.
45. Mukesh Kumar Patidar S/o Ratan Lal, Aged About 33 Years, R/
o Vpo Sanoriya, Jhalawar, Rajasthan 326513.
46. Prakash Lal Regar S/o Nanga Ji Ram, Aged About 29 Years, R/
o Regaro Ka Mohalla, Lasani, Teh. Deogarh, Rajsamand
313331.
47. Mohan Lal Balai S/o Bhada Ram, Aged About 43 Years, R/o
Ratna Ka Guda, Tehsil Bhim, District Rajsamand 313332
----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, Secretarait, Jaipur
(Raj.).
4. The Deputy Secretary, Department Of Elementary Education,
Government Of Rajasthan, Secretarait, Jaipur (Raj.).
5. The Director, Elementary Education, Rajasthan, Bikaner
(Raj.).
6. The District Education Officer, Headquarter, Elementary
Education, Rajsamand (Raj.).
7. The District Education Officer, Headquarters, Elementary
Education, Chittorgarh (Raj.).
8. The District Education Officer, Headquarters, Elementary
Education,tonk(Raj.).
9. The District Education Officer, Headquarters, Elementary
Education, Udaipur(Raj.).
10. The District Education Officer, Headquarters, Elementary
Education, Bharatpur(Raj.).
11. The District Education Officer, Headquarters, Elementary
Education, Bhilwara(Raj.).
12. The District Education Officer, Headquarters, Elementary
Education, Jaisalmer(Raj.).
13. The District Education Officer, Headquarters, Elementary
Education, Nagaur(Raj.).
14. The District Education Officer, Headquarters, Elementary
Education, Jhalawar(Raj.).
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15. The District Education Officer, Headquarters, Elementary
Education, Dungarpur(Raj.).
16. The District Education Officer, Headquarters, Elementary
Education, Bundi(Raj.).
17. The State Project Director, School Education Council, Jaipur
(Raj.).
----Respondents
For Petitioner(s) : Mr. Kamlesh Kumar.
For Respondent(s) :
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 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 physical
education 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 petitioners also submitted an
undated 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
representation of the petitioners (Annexure-7) by passing an
appropriate administrative order, in accordance with law.
7. Needful be done as expeditiously as possible.
(ARUN MONGA),J
314-/Sumit//-
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