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Manohar Singh vs The State Of Rajasthan ...
2024 Latest Caselaw 8787 Raj

Citation : 2024 Latest Caselaw 8787 Raj
Judgement Date : 8 October, 2024

Rajasthan High Court - Jodhpur

Manohar Singh vs The State Of Rajasthan ... on 8 October, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:41061]                   (1 of 5)                    [CW-16605/2024]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 16605/2024

1.       Manohar Singh S/o Sawrup Singh, Aged About 36 Years,
         R/o District Jaisalmer, Rajasthan (Clis).
2.       Narpat Singh S/o Daulat Singh, Aged About 36 Years, R/o
         Vpo Harsani, District Bikaner, Rajasthan (Clis).
3.       Ispak Khan S/o Iman Khan, Aged About 31 Years, R/o
         Bhambhara, District Jaisalmer, Rajasthan (Clis).
4.       Mohibdeem S/o Nihal Khan, Aged About 30 Years, R/o
         Mangliyawas, District Jaisalmer, Rajasthan (Clis).
5.       Mahindra Singh S/o Udai Singh, Aged About 42 Years, R/o
         Vpo Kunda, District Jaisalmer, Rajasthan (Clis).
6.       Lakshita Bhati D/o Nim Singh, Aged About 29 Years, R/o
         Vpo Kunda, District Jaisalmer, Rajasthan (Clis).
7.       Habib Khan S/o Hasam Khan, Aged About 37 Years, R/o
         Ghantiyali, District Jaisalmer, Rajasthan (Clis).
8.       Hukam Singh S/o Khet Singh, Aged About 32 Years, R/o
         Sewda, District Jaisalmer, Rajasthan (Clis).
9.       Vir Singh S/o Sawrup Singh, Aged About 37 Years, R/o
         Vpo Pithla, District Jaisalmer, Rajasthan (Clis).
10.      Loon Singh S/o Kanwraj Singh, Aged About 39 Years, R/o
         Vpo Magra, District Jaisalmer, Rajasthan (Clis).
11.      Roshan Ali S/o Kane Khan, Aged About 43 Years, R/o Vpo
         Khuvdi, District Jaisalmer, Rajasthan (Clis).
12.      Dashrath Singh S/o Shri Shaitan Singh, Aged About 44
         Years, R/o Village Dhanari Khurd, Tehsil Baori, District
         Jodhpur (Clis)
13.      Jitendra S/o Shri Hariram, Aged About 35 Years, R/o
         Village Dhanari Kala, Tehsil Baori, District Jodhpur
         Rajasthan. (Clis).
14.      Raju Singh Rathore S/o Jog Singh Rathore, Aged About
         50 Years, R/o Village Dhanari Khurd, Post Dhanari Kala,
         Tehsil Baori, District Jodhpur (Clis).
15.      Shankar Lal Jangid S/o Bal Chand, Aged About 45 Years,
         R/o Lachari, Tehsil Ladnun, District Deedwana-Kuchaman.
         (Clis)
16.      Hanumana Ram S/o Pema Ram, Aged About 48 Years,
         R/o Village Rodu, Tehsil Ladnun, District Deedwana-
         Kuchaman Rajasthan. (Clis)
17.      Ranjeet Singh S/o Shri Prem Singh, Aged About 29 Years,
         R/o Methri, Tehsil Ladnun, District Deedwana-Kuchaman
         Rajasthan. (Clis)

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18.      Jethmal Barwar S/o Shri Beerma Ram Barwar, Aged About
         46 Years, R/o Dhyawa, Tehsil Ladnun, District Deedwana-
         Kuchaman Rajasthan. (Clis)
19.      Nirmal Singh Jodha S/o Bhanwar Singh, Aged About 38
         Years, R/o Dabri, Tehsil Ladnun, District Deedwana-
         Kuchaman Rajasthan. (Clis)
20.      Ramniwas Meghwal S/o Shri Khiwa Ram Meghwal, Aged
         About 38 Years, R/o Village Bochi, Post Ganeri, Tehsil
         Nechwa, District Sikar. (Clis).
21.      Khuman Singh Harijan S/o Gopiram Harijan, Aged About
         50 Years, R/o Charanwas, Post Netarwas, District Sikar.
         (Clis).
22.      Manoj Kumar S/o Mohan Das Swami, Aged About 39
         Years, R/o Bhilal (Khorandi) Post Jijoth, Tehsil Kuchaman,
         District Deedwana-Kuchaman. (Clis).
23.      Raju Ram S/o Godhu Ram, Aged About 42 Years, R/o
         Sabalpura, Tehsil Kuchaman City, District Deedwana-
         Kuchaman. (Clis).
24.      Khushanud Ahmed S/o Hameed Khan, Aged About 46
         Years, R/o Sufiya Mohalla Sherani Abadi, Tehsil Chhoti
         Khatu, District Deedwana-Kuchaman. (Clis).
25.      Rajni Sain D/o Mal Chand Sain, Aged About 36 Years, R/o
         Nalot, Tehsil Kuchaman City, District Deedwana-
         Kuchaman. (Clis).
26.      Prahlad Rai Meena S/o Chhotu Ram, Aged About 48
         Years, R/o Kachhwa, Via Nechhwa, District Sikar. (Clis).
27.      Rajendra Kumar S/o Prabhu Singh, Aged About 37 Years,
         R/o Baral, Vila Shishu - Ranoli, District Sikar. (Clis).
28.      Sohanlal S/o Moolchand, Aged About 48 Years, R/o
         Village Meeran, Tehsil Nechhwa, District Sikar. (Clis).
29.      Hari Singh S/o Prithvi Singh, Aged About 41 Years, R/o
         Manohar Thana, Dist. Jhalawar. (Clis).
30.      Jugraj Singh S/o Ratan Singh, Aged About 42 Years, R/o
         Manohar Thana, Dist. Jhalawar (Clis).
31.      Raghuveer Singh S/o Bhur Singh, Aged About 39 Years,
         R/o Manohar Thana, Dist. Jhalawar (Clis).
32.      Gordhan Lal S/o Hazari Lal, Aged About 36 Years, R/o
         Manohar Thana, Dist. Jhalawar (Clis).
33.      Ram Narayan Tanwar S/o Mool Chand Tanwar, Aged About
         39 Years, R/o Manohar Thana, Dist. Jhalawar (Clis).
34.      Bhammu Singh S/o Shri Bane Singh, Aged About 34
         Years, R/o Tehsil Manohar Thana, Dist. Jhalawar (Clis).
35.      Suresh Chand S/o Kallu Lal, Aged About 42 Years, R/o
         Tehsil Manohar Thana, Dist. Jhalawar (Clis).

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36.      Hariom Sharma S/o Ramkhiladi Sharma, Aged About 46
         Years, R/o Bansrai, District Dholpur. (Clis).
37.      Vinod Kumar S/o Brijendra Singh Panwar, Aged About 46
         Years, R/o Momodhan, Tehsil Basedi, District Dholpur.
         (Clis).
38.      Munna Lal Sharma S/o Shri Kedar Sharma, Aged About
         57 Years, R/o Village Nagla Mau, Post Mahu Gulawali,
         Tehsil Basedi, District Dholpur. (Clis).
39.      Rakesh Kumar S/o Gopal Lal Tailor, Aged About 39 Years,
         R/o Kothari Mohalla, Devriya, District Bhilwara. (Clis).
40.      Indira Kichra W/o Rakesh Kumar Tailor, Aged About 39
         Years, R/o Ward No. 7, Kothari Mohalla, Village Post
         Devriya, District Bhilwara. (Clis).
41.      Saddik Mohammad S/o Gani Mohammad, Aged About 39
         Years, R/o Village Bagoriya, Tehsil Raipur, District
         Bhilwara. (Clis).
42.      Shri Bhagwan S/o Shri Ramdayal, Aged About 46 Years,
         R/o Village Jheel, Tehsil Basedi, District Dholpur. (Clis).
43.      Deau Swarankar S/o Ram Lal Swarankar, Aged About 30
         Years, R/o Gram Khot, Tehsil Raipr, District Bhilwara,
         Rajasthan. (Blis).
                                                                 ----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, Bikaner (Raj.).
7.       The District Education Officer, Headquarters, Elementary
         Education, Jaisalmer (Raj.).
8.       The District Education Officer, Headquarters, Elementary
         Education, Jodhpur (Raj.).
9.       The District Education Officer, Headquarters, Elementary


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         Education, Deedwana-Kuchaman (Raj.).
10.      The District Education Officer, Headquarters, Elementary
         Education, Sikar (Raj.).
11.      The District Education Officer, Headquarters, Elementary
         Education, Jhalawar (Raj.).
12.      The District Education Officer, Headquarters, Elementary
         Education, Karouli (Raj.).
13.      The District Education Officer, Headquarters, Elementary
         Education, Dholpur (Raj.).
14.      The District Education Officer, Headquarters, Elementary
         Education, Bhilwara (Raj.).
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Vikram Singh Bhawla
For Respondent(s)          :



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

08/10/2024

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 and

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., C.L.I.S, D.L.I.S., A.D.L.M.

[2024:RJ-JD:41061] (5 of 5) [CW-16605/2024]

and B.C.A, 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 have remained pending till date without

being taken up for passing any orders either way, therefore, the

competent authority be directed to decide 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

representations of the petitioners (Annexure-7) by passing an

appropriate administrative order, in accordance with law.

7. Needful be done as expeditiously as possible.

(VINIT KUMAR MATHUR),J 53-SanjayS/Nikita/-

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