Rajasthan High Court - Jodhpur

Omprakash Nagar vs State Of Rajasthan (2024:Rj-Jd:41523) on 9 October, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:41523]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 16937/2024

1.       Omprakash Nagar S/o Shri Sitaram Nagar, Aged About 48
         Years,      R/o     Kanwarpura           Manddalan,           Tehsil    Khanpur,
         District Jhalawar, Presently Posted At Govt. Sr. Sec.
         School Bhagnwan Pura, District Jhalawar.
2.       Mahaveer Prasad S/o Shri Juglal, Aged About 52 Years,
         R/o Parlika, Tehsil Nohar, District Hanumangarh, Presently
         Posted      At     Govt.       Sr.    Sec.      School,        Nohar,    District
         Hanumangarh.
3.       Ashok Kumar Sharma S/o Shri Jagdish Prasad Sharma,
         Aged About 60 Years, R/o Chetan Nagar Bari, District
         Dholpur, Presently Posted At Mahatma Gandhi Govt.
         School, Khanpur Meena, Bari, District Dholpur.
4.       Mahendra Vishnoi S/o Shri Bharu Ram, Aged About 51
         Years, R/o Paldi Solankiya, Dhamana, District Sanchore,
         Presently        Posted At Govt.              Sr. Sec. School, Jhotra,
         Chiltawana, District Sanchore.
5.       Akhilesh Namdeo S/o Shree Ghanshyam Namdeo, Aged
         About       53     Years,      R/o      2    P.a.10,         Teachers    Colony,
         Keshavpura, Kota, Presently Posted At Govt. Sr. Sec.
         School Mandawar, District Jhalawar.
6.       Virendra Kashyap S/o Shree Satyanarayan Kashyap, Aged
         About 48 Years, R/o Ganeshpura, Garnawad, Tehsil
         Bhawani Mandi, District Jhalawar, Presently Posted At
         Mahatma          Gandhi       Govt.      School,       Pachpahad,        District
         Jhalawar.
7.       Omprakash Sharma S/o Shree Bheru Lal, Aged About 51
         Years, R/o Shri Gopal Goushala, Seva Sansthan Ke
         Samne, Vinayaknagar Colony, Bhawani Mandi, District
         Jhalawar, Presently Posted At Seth Anandi Lal Poddar
         Govt. Sr. Sec. School, Bhawani Mandi, District Jhalawar.
8.       Satyanarayan Sharma S/o Shree Gulab Chand, Aged
         About 52 Years, R/o, 104, Annapurna Villa, Lal Bagh,
         Jhalrapatan, District Jhalawar, Presently Posted At Govt.
         Residential School, Jhalrapatan, District Jhalawar.
9.       Madan Lal Meghwal S/o Shree Mangi Lal, Aged About 51
         Years, R/o Meghwal Mohalla, Sirpoi, District Jhalawar,
         Presently Posted At Govt. Senior Secondary School,


                          (Downloaded on 19/10/2024 at 10:42:10 PM)
 [2024:RJ-JD:41523]                     (2 of 6)                     [CW-16937/2024]


         Unhel-Sunhel, District Jhalawar.
10.      Rajan Sharma S/o Shree Rameshwardas Sharma, Aged
         About 58 Years, R/o 6-H Block, Sriganganagar, Presently
         Posted At Govt. Sr. Sec School, 12 Np, Sriganganagar.
11.      Babu Lal Vishnio S/o Shree Chhoga Ram Vishnoi, Aged
         About 55 Years, R/o Lachhadi, Hadetar, District Sanchore
         Presently Posted At Takhath Singh Jamna Ram Gehlot
         Govt. Sr. Sec. School, Rebario Ka Golia, District Sanchore.
12.      Alchi Mehra D/o Shree Bhakhra Ram, Aged About 46
         Years,      R/o   Dhamana          Ka     Golia,      Dhamana,    District
         Sanchore, Presently Posted At Takhath Singh Jamna Ram
         Gehlot Govt. Sr. Sec. School, Rebario Ka Golia, District
         Sanchore.
13.      Prahlad Kumar Rathore S/o Shree Madan Lal, Aged About
         54 Years, R/o Golana, Tehsil Khanpur, District Jhalawar,
         Presently Posted At Govt. Sr. Sec. School, Bandhasahar,
         District Kota.
14.      Bajrang Singh Sisodiya S/o Shree Mohan Singh Sisodiya,
         Aged About 50 Years, R/o 46, Dr. Mukharji Nagar, New
         Life Children School Ke Pas, Bhawani Mandi, District
         Jhalawar, Presently Posted At Seth Anandi Lal Poddar
         Govt. Sr. Sec. School, Bhawani Mandi, District Jhalawar.
15.      Dilip Kumar Rathore S/o Shree Bhanwar Lal Rathore,
         Aged About 48 Years, R/o Keshav Kunj, 2/326, Swami
         Vivekanand Nagar, Kota Presently Posted At Govt. Sr. Sec.
         School, Shambhupura City, Kota.
                                                                   ----Petitioners
                                      Versus
1.       State Of Rajasthan, Through Its Secretary, Department Of
         School      Education,       Government           Secretariat    Building,
         Jaipur.
2.       State Of Rajasthan, Through Its Secretary, Department Of
         Sanskrit Education, Government Secretariat Building,
         Jaipur.
3.       Director, Secondary Education, Bikaner.
4.       Director, Elementary Education, Bikaner.
5.       Deputy Director, Education Department, Bikaner.
6.       Deputy Director, Education Department, Kota.


                       (Downloaded on 19/10/2024 at 10:42:10 PM)
 [2024:RJ-JD:41523]                    (3 of 6)                       [CW-16937/2024]


7.       Deputy Director, Education Department, Pali.
8.       Joint Director, Education Department, Bikaner.
9.       Joint Director, Education Department, Kota.
10.      Joint Director, Education Department, Pali.
11.      Divisional Sanskrit Education Officer, Bikaner, Division
         Bikaner.
12.      Divisional Sanskrit Education Officer, Kota, Division Kota.
13.      Divisional Sanskrit Education Officer, Pali, Division Pali.
14.      District Education Officer, Secondary Education, Jhalawar.
15.      District Education Officer, Elementary Education, Jhalawar.
16.      District    Education         Officer,        Secondary       Education,
         Sriganganagar.
17.      District    Education         Officer,        Elementary       Education
         Sriganganagar.
18.      District Education Officer, Secondary Education, Kota.
19.      District Education Officer, Elementary Education, Kota.
20.      District Education Officer, Secondary Education, Sanchore.
21.      District    Education         Officer,       Elementary       Education,
         Sanchore.
22.      District    Education         Officer,        Secondary       Education,
         Hanumangarh.
23.      District    Education         Officer,       Elementary       Education,
         Hanumangarh.
24.      District Education Officer, Secondary Education, Dholpur.
25.      District Education Officer, Elementary Education, Dholpur.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Mahendra Kumar Dudy
For Respondent(s)          :     --


                HON'BLE MR. JUSTICE FARJAND ALI

Order

09/10/2024

1. The controversy involved in the writ petition is squarely

covered by a judgment passed by co-ordinate Bench of this

[2024:RJ-JD:41523] (4 of 6) [CW-16937/2024]

Court in S.B. Civil Writ Petition No.555/2005 : Jorawar Singh

vs. State of Rajasthan & Ors. decided on 07.11.2006. For

ready reference, the said judgment is quoted hereinbelow:-

"By an order dated 3.2.1992 appointment was given to the petitioner as a Teacher Gr.III in pursuant to his regular selection by way of direct recruitment in accordance with the Rajasthan Education Subordinate Service Rules, 1971 (hereinafter referred to as "the Rules of 1971"). In pursuant to the order dated 3.2.1992 the petitioner joined services on14.2.1992. As the appointment was given to the petitioner after 31st of December of the preceding year he was not allowed salary for summer vacations. After completion of summer vacations the petitioner continued in service as he joined the duties on 1.7.1992. The respondents while considering candidature of the petitioner for the purpose of grant of selection grade in accordance with the notification dated 7.8.1998 issued by Government of Rajasthan treated 1.7.1992 as date of his initial appointment and allowed selection grade w.e.f. 1.7.2002. Being aggrieved by the same this petition for writ is preferred.

It is contended that the petitioner was appointed in substantive capacity as a consequence to regular selection proceedings by order dated 3.2.1992and in pursuant thereto he joined the service on14.2.1992, as such the date of his initial appointment is 14.2.1992 and not 1.7.1992.In reply to the writ petition it is stated by the respondents that the appointment of the petitioner was made after 31.12.1991, therefore, he was not entitled for getting salary during the period of summer vacations and he was deemed to be in service of the State Government w.e.f. 1.7.1992, as such the date of his initial appointment was rightly treated as1.7.1992.

[2024:RJ-JD:41523] (5 of 6) [CW-16937/2024]

Heard counsel for the parties.

It is not at all in dispute that the appointment was given to the petitioner by way of direct recruitment as a consequence to regular selection proceedings conducted under the Rules of 1971 by order dated 3.2.1992 and the petitioner joined service in pursuant thereto on 14.2.1992, therefore, he became a substantive employee of Government of Rajasthan on 14.2.2002. The respondents did not allow salary for summer vacations to the petitioner under administrative instructions that prescribes that the persons employed after 31st December of the preceding year shall not be given salary for the summer vacations. However, it does not change nature of appointment of the person so employed. As stated above, the petitioner was appointed as a Teacher Gr. III under the Rules of 1971 by order dated 3.2.1992, therefore, he is required to be treated as a substantive employee from the date he joined service i.e. 14.2.1992. The date of the initial appointment of the petitioner, therefore, is 14.2.1992 and not 1.7.1992 as considered by the respondents. I also do not find any reason to disallow salary to the petitioner for the period of summer vacations in the year 1992, merely on the count that an order of appointment was issued in that year only. The counsel for the State also failed to give any rational in giving salary for summer vacations to the petitioner.

Accordingly, this petition for writ is allowed. The respondents are directed to allow selection grade to the petitioner by considering 14.2.1992 as the date of his initial appointment in government service. The petitioner is also entitled for all other ancillary and consequential benefits including the salary for the period of summer vacations of 1992.