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Ajaypal Singh vs The State Of Rajasthan ...
2024 Latest Caselaw 9337 Raj

Citation : 2024 Latest Caselaw 9337 Raj
Judgement Date : 24 October, 2024

Rajasthan High Court - Jodhpur

Ajaypal Singh vs The State Of Rajasthan ... on 24 October, 2024

Author: Farjand Ali

Bench: Farand Ali

[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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