Citation : 2024 Latest Caselaw 9337 Raj
Judgement Date : 24 October, 2024
[2024:RJ-JD:44042]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17979/2024
1. Ajaypal Singh S/o Narayan Singh, Aged About 45 Years,
R/o Khudiyala, Tehsil Balesar, District Jodhpur, Rajasthan
(Pgdca)
2. Radha Kumari D/o Rugnathram, Aged About 33 Years,
R/o Vpo Dasaniya, Tehsil Shergarh, District Jodhpur,
Rajasthan (Clis)
3. Babu Lal S/o Naina Ram, Aged About 41 Years, R/o Vpo
Rawatsar, Tehsil Shergarh, District Jodhpur, Rajasthan
(Clis)
4. Jog Singh S/o Bhanwar Singh, Aged About 39 Years, R/o
Vpo Somesar, Tehsil Shergarh, District Jodhpur, Rajasthan
(Clis)
5. Hukma Ram S/o Kala Ram, Aged About 35 Years, R/o Vpo
Dasaniya, Tehsil Shergarh, District Jodhpur, Rajasthan
(Clis)
6. Nag Singh S/o Sher Singh, Aged About 41 Years, R/o Vpo
Chaba, Tehsil Shergarh, District Jodhpur, Rajasthan (Blis)
7. Pappa Ram Meghwal S/o Babu Ram Meghwal, Aged About
39 Years, R/o Vpo Chaba, Tehsil Shergarh, District
Jodhpur (Blis)
8. Ram Lal S/o Achla Lal, Aged About 36 Years, R/o Vpo
Rawatsar, Tehsil Shergarh, District Jodhpur, Rajasthan
(Clis).
9. Arjun Singh S/o Man Singh, Aged About 38 Years, R/o
Vpo Chaba, Tehsil Shergarh, District Jodhpur, Rajasthan
(Blis)
10. Raj Kumar Solanki S/o Chatrasal Singh, Aged About 47
Years, R/o Village Panaheda, Post Mamor, Tehsil Manwas,
District Kota, Rajasthan (Pgdca)
11. Abdul Vaheed Pathan S/o Abdul Shakoor, Aged About 57
Years, R/o Vpo Kanwas, District Kota, Rajasthan (Clis)
12. Rajesh Sharma S/o Jagdish Prasad Sharma, Aged About
42 Years, R/o Vpo Madhorajpura, District Jaipur,
Rajasthan (Pgdca)
13. Surendra Mohan Sharma S/o Kanhaiya Lal Sharma, Aged
About 32 Years, R/o Vpo Nimodiya, Tehsil Shaksu, District
Jaipur, Rajasthan (Pgdca)
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[2024:RJ-JD:44042] (2 of 4) [CW-17979/2024]
14. Monika W/o Amit, Aged About 29 Years, R/o Village
Sangtera, Tehsil Kotputli, District Kotputli Behror,
Rajasthan (Clis)
15. Guljhari Lal S/o Hanuman Sahay Gurjar, Aged About 45
Years, R/o Pitawali, Behind Bus Stand Ward No. 9, Tehsil
Kotputli, District Kotputli - Behror, Rajasthan (Clis)
16. Trishla Mehta W/o Rajendra Mehta, Aged About 56 Years,
R/o 205, Navkar Heights Tagor Nagar, District Pali,
Rajasthan (Clis)
----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, Elementaery
Education, Jodhpur (Raj.).
6. The District Education Officer, Headquarters, Elementaery
Education, Kota (Raj.).
7. The District Education Officer, Headquarters, Elementaery
Education, Jaipur (Raj.).
8. The District Education Officer, Headquarters, Elementaery
Education, Kotputli - Behror (Raj.).
9. The District Education Officer, Headquarters, Elementaery
Education, Pali (Raj.).
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
For Respondent(s) : --
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[2024:RJ-JD:44042] (3 of 4) [CW-17979/2024]
HON'BLE MR. JUSTICE FARAND ALI
Order
24/10/2024
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 letters dated 24.04.2023 and
08.06.2023 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., C.L.I.S., P.G.D.C.A. and D.C.A. 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 representation (Annexure-7) before the
competent authority for redressal thereof, which has
remained pending till date without being taken up for
[2024:RJ-JD:44042] (4 of 4) [CW-17979/2024]
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.
8. The stay petition also stands disposed of.
(FARJAND ALI),J
317-Ashutosh/-
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