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Prakash Chand vs The State Of Rajasthan ...
2024 Latest Caselaw 1972 Raj

Citation : 2024 Latest Caselaw 1972 Raj
Judgement Date : 28 February, 2024

Rajasthan High Court - Jodhpur

Prakash Chand vs The State Of Rajasthan ... on 28 February, 2024

[2024:RJ-JD:10185]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 2522/2024

1.       Prakash Chand S/o Shri Suja Ram, Aged About 35 Years,
         Resident Of - 285, Ward No. 10 Bcc Ke Pas, Patodi,
         District Balotra 344032 Rajasthan.
2.       Narendra Kumar S/o Shri Sahi Ram Tada, Aged About 30
         Years, Resident Of Ward No. 5, Bishnoi Bas, Kuchor
         Aguni, Tehsil Nokha, District Bikaner 334202, Rajasthan.
3.       Rekha Kanwar W/o Shri Veer Bahadur Singh, Aged About
         30 Years, R/o Bharmsar, Shakti Nagar, Phalodi, 354028.
4.       Vishana Ram S/o Shri Uka Ram, Aged About 40 Years, R/
         o Meghwalon Ka Bas, Mokalsar, District Balotra 344043
         Rajasthan.
                                                                     ----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
         (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 District Education Officer, Headquarters, Elementary
         Education, Balotra(Raj.).
7.       The District Education Officer, Headquarters, Elementary
         Education, Phalodi (Raj.).
8.       The District Education Officer, Headquarters, Elementary
         Education, Bikaner (Raj.).
9.       The State Project Director, School Education Council,
         Jaipur (Raj.).
                                                                   ----Respondents


                       (Downloaded on 05/03/2024 at 08:36:17 PM)
 [2024:RJ-JD:10185]                    (2 of 3)                          [CW-2522/2024]


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.

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,

[2024:RJ-JD:10185] (3 of 3) [CW-2522/2024]

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 265-Sumit/-

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