Rajasthan High Court - Jodhpur
Shivraj Jat vs The State Of Rajasthan ... on 24 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:43784]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17860/2024
1. Shivraj Jat S/o Kalyanmal Jat, Aged About 32 Years, R/o
Village Ramnnagar, Post Gadhwalo Ka Khera, Tehsil
Hurda, District Bhilwara, Rajasthan (Blis).
2. Dinesh Kumar Khatik S/o Jamna Lal Khatik, Aged About
38 Years, R/o Vpo Sadas, Tehsil Gangrar, District
Chittorgarh, Rajasthan (Blis).
3. Rama Sharma D/o Ramesh Chand Vyas, Aged About 40
Years, R/o Kunwaliwa, Tehsil Gangrar, District Chittorgarh,
Rajasthan (Blis).
4. Bhawna Garg D/o Jagdish Garg, Aged About 34 Years, R/
o Kunwaliwa, Tehsil Gangrar, District Chittorgarh,
Rajasthan (Blis).
5. Yashwant Kanwar D/o Bhawani Singh, Aged About 36
Years, R/o 80, Ravla Mohalla, Mangrop, District Bhilwara,
Rajasthan (Blis).
6. Raghuveer Singh Meena S/o Devlal Meena, Aged About
51 Years, R/o Vpo Parlya, Tehsil Atru, District Baran,
Rajasthan (Clis).
7. Bhagwati Charan Mehata S/o Narayan Lal Mehata, Aged
About 43 Years, R/o Vpo Batawada Paar, Tehsil Chhabra,
District Baran, Rajasthan (Clis).
8. Hemant Kumar Mehata S/o Radha Kishan Mehata, Aged
About 46 Years, R/o Vpo Batawada Paar, Tehsil Chhabra,
District Baran, Rajasthan (Clis).
9. Premchand Gujar S/o Kanwar Lal Gujar, Aged About 41
Years, R/o Vpo Badodiya Nanawata, Tehsil Atru, District
Baran, Rajasthan (Clis).
10. Ramavatar Panchal S/o Bansi Lal Panchal, Aged About 41
Years, R/o Vpo Nanawata, Tehsil Atru, District Baran,
Rajasthan (Clis).
11. Vijaytri Agarwal S/o Ashok Kumar Mittal, Aged About 38
Years, R/o Maa Shardha School Ke Pass Nakoda Coloney,
District Baran, Rajasthan (Clis).
12. Mukesh Kumar Bhargave S/o Balkishan Bhargave, Aged
About 44 Years, R/o Sirsod Kalah Mohdara, District Baran,
Rajasthan (Blis).
13. Sonu Kumari Sharma D/o Radheyshyam Sharma, Aged
About 40 Years, R/o Telfactry, District Baran, Rajasthan
(Clis).
14. Rani Kumari Sharma D/o Radheyshyam Sharma, Aged
About 44 Years, R/o Tehsil Atru, District Baran, Rajasthan
(Clis).
15. Bharmal Meena S/o Gopal Lal Meena, Aged About 48
Years, R/o Yusufpura, Tehsil Chhabra, District Baran,
Rajasthan (Blis).
16. Rajmal Meena S/o Harisingh Meena, Aged About 39
Years, R/o Gram Rashulpura Chhabra, District Baran,
Rajasthan (Blis).
17. Vikas Sharma S/o Ramdayal Sharma, Aged About 37
Years, R/o Titarkhedi, Tehsil Chhabtra, District Baran,
Rajasthan (Clis).
18. Shiv Kumar Lodha S/o Prabhulal Lodha, Aged About 37
Years, R/o Gram Kadiya Hat, Tehsil Chhabra, District
Baran, Rajasthan (Clis).
19. Bhuralal Gurjar S/o Laxminarayan, Aged About 38 Years,
R/o Mohhmadpur, Tehsil Chhipabarod, District Baran,
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Rajasthan (Clis).
20. Foranta Nagar S/o Radhey Shayam Nagar, Aged About 31
Years, R/o Ratawad, District Baran, Rajasthan (Clis).
21. Shama Perveen D/o Vazir Bhai, Aged About 45 Years, R/o
Badora, Tehsil Atru, District Baran, Rajasthan (Clis).
22. Panachand Meena S/o Ramkaran Meena, Aged About 45
Years, R/o Ward No. 11, Tehsil Atru, District Baran,
Rajasthan (Clis).
23. Mohan Lal Meghwal S/o Prabhulal, Aged About 53 Years,
R/o Vpo Setkholu, Tehsil Chhipabarod, District Baran,
Rajasthan (Clis).
24. Mahendra Singh Meena S/o Ramesh Chand Meena, Aged
About 41 Years, R/o Vpo Nanawata, Tehsil Atru, District
Baran, Rajasthan (Clis).
25. Mahaveer Prasad Suman S/o Kedar Lal, Aged About 44
Years, R/o Vpo Mirzapur, Tehsil Anta, District Baran,
Rajasthan (Clis).
26. Deshraj Singh Rajput S/o Sugan Singh Rajput, Aged
About 46 Years, R/o Kanwadiya, Tehsil Atru, District
Baran, Rajasthan (Clis).
27. Mansingh Gurjar S/o Kalulal Gurjar, Aged About 35 Years,
R/o Gujarkhedi, Tehsil Chhipabarod, District Baran,
Rajasthan (Clis).
28. Babulal Meena S/o Nmadholal Meena, Aged About 52
Years, R/o Gram Laadpuriya, Tehsil Chhipabarod, District
Baran, Rajasthan (Clis).
29. Rakesh Kumar S/o Babu Lal Nagar, Aged About 39 Years,
R/o Aamli Khalsha, Tehsil Atru, District Baran, Rajasthan
(Clis).
30. Ramswaroop Meena S/o Kajori Lal Meena, Aged About 39
Years, R/o Ram Nagar, Tehsil Chhipabarod, District Baran,
Rajasthan (Clis).
31. Ramdayal Meena S/o Shankar Lal Meena, Aged About 51
Years, R/o Gram Bairpur, Tehsil Atru, District Baran,
Rajasthan (Clis).
32. Laxman Lal S/o Roshan Lal, Aged About 44 Years, R/o
Hatiyadeh Kishanganj, District Baran, Rajasthan (Clis).
33. Mukat Bihari Meena S/o Ishwar Chand Meena, Aged
About 52 Years, R/o Jirod, Tehsil Atru, District Baran,
Rajasthan (Clis).
34. Balvant Singh Rajput S/o Rotan Singh Rajput, Aged About
42 Years, R/o Vpo Dholkhera, Tehsil Mandawar, District
Dausa. Rajasthan (Blis).
35. Man Singh Meena S/o Somoti Ram Meena, Aged About 46
Years, R/o Vpo Noragwara, Tehsil Bejupada, District
Dausa. Rajsthan. (Blis).
36. Kapil Agrawal S/o Satyanarayn Agrawal, Aged About 32
Years, R/o Ward Number 12 Near Of Nagar Palika Kherli
Vpo Kherli, Tehsil Kathumar, District Alwar. Rajasthan
(Blis).
37. Satyendra Singh Rajput S/o Lalsingh Rajput, Aged About
37 Years, R/o Vpo Tasai, Tehsil Kathumar, District Alwar.
Rajasthan (Blis).
38. Shyama Kumari Meena W/o Shar Singh Meena, Aged
About 42 Years, Village Kishorpur, Post Pakhar, Tehsil
Mahwa, District Dausa. Rajasthan (Blis).
39. Ghanshyam Kumhar S/o Mool Chand Kumhar, Aged About
53 Years, R/o Village Sinduki, Post Salimpur, Tehsil
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Mahwa, District Dausa, 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, Bhilwara (Raj.).
6. The District Education Officer, Headquarters, Elementary
Education, Chittorgarh (Raj.).
7. The District Education Officer, Headquarters, Elementary
Education, Baran (Raj.).
8. The District Education Officer, Headquarters, Elementary
Education, Dausa (Raj.).
9. The District Education Officer, Headquarters, Elementary
Education, Alwar (Raj.).
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND 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 letter dated 24.04.2023 recommended their case
favourably to Deputy Secretary (Admn.), Department of
Elementary Education, Government of Rajasthan.
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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.
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
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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
24-chhavi/-
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