Rajasthan High Court - Jodhpur
Kailash Joshi vs The State Of Rajasthan ... on 9 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:41483]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16916/2024
1. Kailash Joshi S/o Bhanwar Lal Joshi, Aged About 40
Years, R/o Vpo Ogna, Tehsil Jhadol, District Udaipur,
Rajasthan (Blis).
2. Manoj Kumar Seth S/o Punam Chand Seth, Aged About
48 Years, R/o Vpo Ogna, Tehsil Jhadol, District Udaipur,
Rajasthan (Blis).
3. Subhash Seth S/o Hari Vallabh Seth, Aged About 38
Years, R/o Vpo Ogna, Tehsil Jhadal, District Udaipur,
Rajasthan (Blis).
4. Lokesh Joshi S/o Prem Chan Joshi, Aged About 35 Years,
R/o Vpo Ogna, Tehsil Jhadol, District Udaipur, Rajasthan
(Blis).
5. Harish Bhamawat S/o Dinesh Bhamawat, Aged About 36
Years, R/o Vpo Ogna, Tehsil Jhadol, District Udaipur,
Rajasthan (Blis).
6. Priyanka Joshi D/o Kailash Chandar Joshi, Aged About 32
Years, R/o Vpo Ogna, Tehsil Jhadol, District Udaipur,
Rajasthan (Blis).
7. Santosh Purbia S/o Mittha Lal Purbia, Aged About 36
Years, R/o Vpo Ogna, Tehsil Jhadol, District Udaipur,
Rajasthan (Blis).
8. Kanhay Lal Meghwal S/o Bhoma Ran, Aged About 35
Years, R/o Village Bildiya, Post Vass, Tehsil Gogunda,
District Udaipur, Rajasthan (Dlis).
9. Mohd. Shakir Shaikh S/o Yusuf Mohd., Aged About 40
Years, R/o Vpo Padawali Kala, Tehsil Gogunda, District
Udaipur, Rajasthan (Blis).
10. Narendra Kumar Sain S/o Jagdeesh Prasad Sain, Aged
About 46 Years, R/o Tiwari Mohalla Bard No. 8, Todabhim,
Tehsil Todabhim, District Gangapur City, Rajasthan (Clis).
11. Meva Lal Meena S/o Prasadi Ram Meena, Aged About 52
Years, R/o Ward No. 13 Nau, Biswa, Todabhim, District
Gangapur City, Rajasthan (Clis).
12. Kedar Prasad Meena S/o Prasadi Ram Meena, Aged About
49 Years, R/o Vpo Nihalpura, Tehsil Baijupara, District
Dausa, Rajasthan (Clis).
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13. Sriman Meena S/o Jaldhari Meena, Aged About 48 Years,
R/o Village Lotwara, Post Manpur, Tehsil Baijupara,
District Dausa, Rajasthan (Clis).
14. Lokesh Kumar Meena S/o Ballu Ram Meena, Aged About
38 Years, R/o Village Mandfodya Ki Dhani, Nahar Khdra,
Tehsil Sikrai, District Dausa, Rajasthan (Clis).
15. Bhanwari Lal Garg S/o Sh. Gopal Garg, Aged About 36
Years, R/o Vpo Sikrai, Tehsil Sikrai, District Dausa,
Rajasthan (Clis).
16. Arjun Lal Regar S/o Khana Lal Regar, Aged About 45
Years, R/o Sarsop, Tehsil Chouth Ka Barwada, District
Sawai Madhopur, Rajasthan (Clis).
17. Nirmala Choudhary D/o Satyanarayan Choudhary, Aged
About 30 Years, R/o Vpo Tapur, Tehsil Chouth Ka
Barwada, District Sawai Madhopur, Rajasthan (Clis).
18. Lalit Mohan S/o Kala Ram, Aged About 35 Years, Jatav
Mohlla, Tehsil Jeendoli, District Alwar, Rajasthan
19. Rajkumar Chauhan S/o Dasharath Singh Chauhan, Aged
About 39 Years, R/o Vpo Salimpur, Tehsil Todabhim,
District Gangapur City, Rajasthan (Clis).
20. Ramniwas Gurjar S/o Bhanwar Singh, Aged About 38
Years, R/o Village Penchala, Post Lapawali, Tehsil
Tadobhim, District Gangapur City, Rajasthan (Clis).
21. Bhanwar Lal Sharma S/o Shree Nand Kishor Sharma,
Aged About 46 Years, R/o Ghateswar, Tehsil Khandela,
District Sikar, Rajasthan. (Clis).
22. Omprakash S/o Chiranji Lal Banka, Aged About 50 Years,
R/o Gopalpura, District Kotputli-Bahror, Rajasthan. (Clis).
23. Ramjas S/o Ram Karan, Aged About 36 Years, R/o
Chodhaniya, District Alwar, Rajasthan. (Clis).
24. Fool Chand Tanwar S/o Mangi Lal, Aged About 39 Years,
R/o Tehsil Manohar Thana, District Jhalawar, Rajasthan.
(Clis).
25. Bhagwan Das S/o Dev Chand, Aged About 40 Years, R/o
Tehsil Manohar Thana, District Jhalwar, Rajasthan. (Clis).
26. Hari Om Sharma S/o Prabhu Lal Sharma, Aged About 50
Years, R/o Bandha Ka Khera Abar, District Bundi,
Rajasthan. (Clis).
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27. Babu Singh S/o Loon Singh, Aged About 45 Years, R/o
Raj Bhawan Pailesh Rajputana Mohalla Gudiya Bas, Tehsil
Bandikui, District Dausa, Rajasthan. (Clis).
28. Ali Ram Sharma S/o Ramji Lal Sharma, Aged About 52
Years, R/o Village Dholan, Post Kundla, Tehsil An District
Alwar, Rajasthan (Clis).
29. Mukesh Kumar Meena S/o Gandha Lal Meena, Aged About
37 Years, R/o Village Thekdeen, Post Balupura, Tehsil
Rajgarh, District Alwar, Rajasthan (Clis).
30. Rameshwar Dayal Meena S/o Bala Ram Meena, Aged
About 44 Years, R/o Village Dholan, Post Kundla, Tehsil
Tehla, District Alwar, Rajasthan (Clis).
31. Rakesh Kumar Mishra S/o Kailash Chand Mishra, Aged
About 42 Years, R/o Vpo Talab, Tehsil Tehla, District
Alwar, Rajasthan (Clis).
32. Jagram Bairwa S/o Ram Charan Bairwa, Aged About 43
Years, R/o Vpo Dhamred, Tehsil Rajgarh, District Alwar,
Rajasthan (Clis).
33. Subhash Chandra Gaur S/o Bishambar Dayal Patel, Aged
About 40 Years, R/o Malakhera Bajar Rajgarh, District
Alwar, Rajasthan (Clis).
34. Ajeet Prasad Sharma S/o Girraj Prasad, Aged About 38
Years, R/o Village Jamal Pura, Post Sorai, Tehsil
Laxmangarh, District Alwar, Rajasthan. (Blis).
35. Ghanshyam Meena S/o Ranjeeta Ram, Aged About 51
Years, R/o Vpo Adoli, Tehsil Laxmangarh, District Alwar,
Rajasthan (Blis).
36. Kailash Chand Avasthi S/o Jagdish Prasad, Aged About 36
Years, R/o Village Khera Laganpur, Post Jatwara, Tehsil
Laxmangarh, District Alwar, Rajasthan (Blis).
37. Hari Ram Meghwal S/o Ganga Ram Meghwal, Aged About
39 Years, R/o Village Nandpur, Tehsil Dag, District
Jhalawar, Rajasthan (Clis).
38. Shankar Lal S/o Mangi Lal Meghwal, Aged About 38
Years, R/o Village Salriya, Post Nandpur, Tehsil Dag,
District Jhalawar, Rajasthan (Clis).
39. Jeevan Babu Gupta S/o Madan Lal, Aged About 48 Years,
R/o Bhalta Road Ratlai, District Jhalawar, Rajasthan (Clis).
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40. Maharaj Singh S/o Ram Ji Lal, Aged About 39 Years, R/o
Gopalgarh, Tehsil Phadi, District Deeg - Bharatpur,
Rajasthan (Clis).
41. Babu Lal S/o Mangi Lal, Aged About 53 Years, R/o
Bairgarh, District Jhalawar, Rajasthan (Blis).
42. Raj Bihari Meena S/o Shri Badri Lal Meena, Aged About
54 Years, R/o Vpo Moran, Tehsil Mitrapura, District Sawai
Madhopur, Rajasthan (Blis).
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
School Education, Government Of Rajasthan, Secretariat,
Jaipur (Raj.).
2. The Joint Secretary (Admn.), Department Of Elementary
Education, Government Of Rajasthan, Secretariat, Jaipur
(Raj.).
3. The Deputy Secretary, Department Of Elementary
Education, Government Of Rajasthan, Secretariat, Jaipur
(Raj.).
4. The Director, Elementary Education, Rajasthan, Bikaner
(Raj.).
5. The District Education Officer, Headquarters, Elementary
Education, Udaipur (Raj.).
6. The District Education Officer, Headquarters, Elementary
Education, Gangapur City (Raj.).
7. The District Education Officer, Headquarters, Elementary
Education, Dausa (Raj.).
8. The District Education Officer, Headquarters, Elementary
Education, Sawai Madhopur (Raj.).
9. The District Education Officer, Headquarters, Elementary
Education, Alwar (Raj.).
10. The District Education Officer, Headquarters, Elementary
Education, Sikar (Raj.).
11. The District Education Officer, Headquarters, Elementary
Education, Kotputli - Behror (Raj.).
12. The District Education Officer, Headquarters, Elementary
Education, Jhalawar (Raj.).
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13. The District Education Officer, Headquarters, Elementary
Education, Bundi (Raj.).
14. The District Education Officer, Headquarters, Elementary
Education, Deeg - Bharatpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/10/2024
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., 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
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 petitioners would be at liberty to file a fresh representation
along with a copy of this order. Upon filing of the same, the
respondent competent authority is directed to decide the said
representations within a period of 20 days from the date of receipt
of the same by passing an appropriate administrative order, in
accordance with law as well as in the light of order dated
09.11.2023 passed by this Court in the case of Jassa Ram
Choudhary (spura).
7. Needful be done as expeditiously as possible.
(FARJAND ALI),J
235-Samvedana/-
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