Citation : 2024 Latest Caselaw 1972 Raj
Judgement Date : 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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