Satya Nayaran Swami vs State Of Rajasthan (2024:Rj-Jd:38632)
2024 Latest Caselaw 8177 Raj

Rajasthan High Court - Jodhpur

Satya Nayaran Swami vs State Of Rajasthan (2024:Rj-Jd:38632) on 19 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 14545/2024

1.       Satya Nayaran Swami S/o Shri Prahaldas Swami, Aged
         About 53 Years, Resident Of Ward No. 16, Taranagar,
         Senior Secondary School Bhaleri Churu, Rajasthan.
2.       Dalip Kumar S/o Shri Dularam, Aged About 56 Years,
         Resident Of Ghasla Aguna, Taranagar, District Churu, At
         Presently Posted As Teacher Govt. Senior Secondary
         School Jothada, Tarangar Churu, Rajasthan.
3.       Deep Chand S/o Shri Jugal Lal, Aged About 47 Years,
         Resident Of Village And Post Seuwa, Tehsil Rajgarh
         District Churu At Presently Posted As Teacher Govt.
         Senior Secondary School Jothada, Tarangar Churu,
         Rajasthan.
4.       Suresh Chandra S/o Shri Hetram, Aged About 47 Years,
         Resident Of Dhani Kumharan, Taranagar Churu, At
         Presently Posted As Teacher Govt. Senior Secondary
         School Alayala, Tarangar Churu, Rajasthan.
5.       Mohd. Rafique S/o Shri Peer Bux, Aged About 57 Years,
         Resident Of Gram And Village Taranagar Churr, At
         Presently Posted As Teacher Govt. Senior Secondary
         School Changoi, Tarangar Churu, Rajasthan.
6.       Mahendra Singh Tarag S/o Shri Likhma Ram Tarag, Aged
         About 48 Years, Resident Of Ward No. 18, Taranagar,
         District Churu At Presently Posted As Teacher Govt.
         Senior Secondary School Morthal, Tarangar Churu,
         Rajasthan.
7.       Goverdhan Lal S/o Shri Shawanta Ram, Aged About 48
         Years, Resident Of Shiv Puri, Katar Chhoti, Bidasar Churu
         At Presently Posted As Teacher Govt. Senior Secondary
         School Tehamdesar, Bidasar Churu, Rajasthan.
8.       Hawa Singh Saharan S/o Shri Ranjeet Singh, Aged About
         52 Years, Resident Of A-171, Shanti Nagar Churu, At
         Presently Posted As Teacher Govt. Senior Secondary
         School Chalkoi Churu, Rajasthan.
9.       Prabhu Ram S/o Shri Bhanwarlal, Aged About 55 Years,
         Resident Of Shirshali District Churu At Presently Posted As
         Teacher Govt. Senior Secondary School Jhadsar Chhota,
         Tehsil Taranagar Churu, Rajasthan.
10.      Vimla Punia D/o Nandaram Kaswa, Aged About 52 Years,
         Resident Sector 4, Sainik Basti Churu At Presently Posted
         As Teacher Govt. Senior Secondary School Naveen Churu,
         Rajasthan.
11.      Devi Singh S/o Shri Nand Ram, Aged About 48 Years,
         Resident Of 4C, Sainik Basti Churu, At Presently Posted
         As Teacher Govt. Senior Secondary School Jasrasar
         Churu, Rajasthan.


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12.      Pawan Kumar Gaur S/o Shri Devkaran Gaur, Aged About
         59 Years, Resident Of Dudhwakhara, District Churu At
         Presently Posted As Teacher Govt. Senior Secondary
         School Naveen Kabir, Churu, Rajasthan.
13.      Lal Chand S/o Shri Lichman Ram, Aged About 45 Years,
         Resident Of Kharia Bada, Naurangsar, Sujangarh District
         Churu At Presently Posted As Teacher Govt. Senior
         Secondary School Kharia Bada, Sujangarh, District Churu
         Rajasthan.
14.      Ram Kumar Regar S/o Shri Rupa Ram, Aged About 49
         Years, Ward No. 13, Regar Basti Sandwa, Tehsil Bidasar
         District Churu At Presently Posted As Teacher Govt.
         Senior Secondary School Sandwa, Bidasar Churu,
         Rajasthan.
15.      Herdeva Ram S/o Shri Laduram, Aged About 48 Years,
         Resident Of Khadaya Post Bhimsar, District Churu At
         Presently Posted As Teacher Govt. Damodar Lal Salvagi
         Girls Senior Secondary School Salasar, Churu, Rajasthan.
16.      Shubhkaran Deval S/o Shri Gyandan, Aged About 50
         Years, Resident Of Village Surwas, Post Bhopalpura, Tehsil
         Sujangarh, District Churu At Presently Posted As Teacher
         Govt. Senior Secondary School Jili, Sujangarh, Churu,
         Rajasthan.
17.      Suresh Kumar Ratawa S/o Shri Murlidhar, Aged About 49
         Years, Resident Chhapar, District Churu At Presently
         Posted As Teacher Govt. Senior Secondary School Mundra
         Chhapar Churu, Rajasthan.
18.      Omprakash Ginwaria S/o Shri Thana Ram, Aged About 51
         Years, Resident Chhapar Ward No. 17, District Churu At
         Presently Posted As Teacher Govt. Senior Secondary
         School No. Mundra Chhapar Churu, Rajasthan.
19.      Premchand Verma S/o Sukharam, Aged About 53 Years,
         Resident Of Dadar District Churu At Presently Posted As
         Teacher Govt. Senior Secondary School No. Indrapura
         Churu, Rajasthan.
20.      Beghraj Kaswa S/o Shri Rameshwar Ram, Aged About 54
         Years, Resident Of Bhamashi Churu, At Presently Posted
         As Teacher Govt. Senior Secondary School Lalsar Churu,
         Rajasthan.
21.      Manmohan Ram Kumhar S/o Shri Jawahar Ram, Aged
         About 49 Years, Resident Of Kadwasar District Churu At
         Presently Posted As Teacher Govt. Senior Secondary
         School Indrapura Churu, Rajasthan.
22.      Shubhkaran Sharma S/o Shri Girdhari Sharma, Aged
         About 52 Years, Resident Of Indrapura District Churu At
         Presently Posted As Teacher Govt. Senior Secondary
         School Indrapura Churu, Rajasthan.
23.      Saroj Kumari W/o Shri Girdhari Lal, Aged About 52 Years,
         Resident Of Bardadas, Post Bhamasi Churu, At Presently


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         Posted As Teacher Govt. Senior Secondary School Buntiya
         Churu, Rajasthan.
24.      Subhash Chandra Budania S/o Shri Rameshwar, Aged
         About 53 Years, Resident Of Bhaleri Taranagar, District
         Churu. At Presently Posted As Teacher Govt. Senior
         Secondary School Kotward Tal Churu, Rajasthan.
25.      Saroj W/o Hari Ram, Aged About 48 Years, Resident Of
         Punia Colony Churu At Presently Posted As Teacher Govt.
         Senior Secondary School Binadesar Churu, Rajasthan.
26.      Sunita Kumari W/o Shri Phool Singh, Aged About 48
         Years, Resident Of Buntiya, District Churu At Presently
         Posted As Teacher Govt. Senior Secondary School
         Sahjusar Churu, Rajasthan.
27.      Ram Kumar Punia S/o Shri Rawatmal, Aged About 55
         Years, Resident Of Plot No. 239 Punia Colony, Churu At
         Presently Posted As Teacher Govt. Senior Secondary
         School Lakhau Churu, Rajasthan.
28.      Sudhir Fhagdiya S/o Shri Hariram, Aged About 50 Years,
         Resident Of Dhantel Churu At Presently Posted As Teacher
         Govt. Senior Secondary School Dhantel, Churu,
         Rajasthan.
29.      Hanif Khan S/o Shri Mangu Khan, Aged About 52 Years,
         Resident Of Ranasar District Churu At Presently Posted As
         Teacher Govt. Senior Secondary School Sahjusar Churu,
         Rajasthan.
30.      Suman Kaswa W/o Jai Singh, Aged About 47 Years,
         Resident Buntiya, District Churu At Presently Posted As
         Teacher Govt. Senior Secondary School Sahjusar District
         Churu, Rajasthan.
31.      Jai Singh Kaswa S/o Shri Sohan Lal Kaswa, Aged About
         54 Years, Resident Of Buntiya District Churu At Presently
         Posted As Teacher Govt. Senior Secondary School
         Sahjusar District Churu, Rajasthan.
32.      Manju Kaswa W/o Shri Rajendra Kumar, Aged About 48
         Years, Resident Of C-77, Sector No. 4 Sainik Basti Churu
         At Presently Posted As Teacher Govt. Senior Secondary
         School Ramasara District Churu, Rajasthan.
33.      Jogendra Singh Saini S/o Shri Bhur Singh Saini, Aged
         About 52 Years, Village And Post Bhaleri Tehsil
         Tanaranagar District Churu At Presently Posted As Teacher
         Sahid Pithuram Govt. Senior Secondary School Kohina
         District Churu, Rajasthan.
                                                                 ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through The Secretary, Department
         School Education, Government Of Rajasthan, Secretariat
         Build Jaipur, Rajasthan.
2.       The Department Of Finance, Through Finance Secretary,


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         Secretariat, Jaipur, Rajasthan.
3.       The Director, Secondary                     Education,      Bikaner,    District
         Bikaner, Rajasthan.
4.       The Director, Elementary Education, Bikaner, District
         Bikaner, Rajasthan.
5.       The Joint Director, Education Department, Pali, Rajasthan.
6.       The District Education Officer, Secondary Education,
         Churu, Rajasthan.
                                                                     ----Respondents


For Petitioner(s)              :     Mr. Rakesh Puri
                                     Mr. Pran Joshi
For Respondent(s)              :     --



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/09/2024

1. Learned counsel for the petitioners submits that the

controversy involved in the present case is squarely covered by

judgment rendered by Co-ordinate Bench of this Court in S.B.

Civil Writ Petition No.3534/2009 Yogesh Kumar Pareek vs.

The State of Rajasthan & Ors. decided on 20.01.2014 in the

following terms:

"Petitioner is aggrieved by denial of salary of summer vacation and shifting of date of increment and other benefits.

It is stated that petitioner was appointed on regular basis on the post of Teacher vide order dated 24.01.1992. After joining on 28.01.1992, petitioner was entitled for benefit of service and salary for summer vacation. Respondents denied aforesaid benefit and increment was shifted to the month of March despite of joining of petitioner in the month of January. Accordingly, the respondents be directed to pay salary of summer vacation and also the date of increment be made to January, 1993.

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The officer-in-charge of the respondents could not justify the action of the respondents, inasmuch as Circular dated 28.07.2003 clarified that if employee has been appointed on regular basis on probation then he would be entitled for salary of summer vacation even if appointment is after 31st December. No justification is given by the respondents for denial of benefit of increment from January other than erroneously correlating it with the benefit of selection scale and thereby, shifting it by 48 days. I find the action of respondents is illegal, inasmuch as the petitioner is entitled for the benefit of salary of summer vacation as he is covered by the Circular. The petitioner should be given increment counting his service from the date of joining and not by shifting it to the month of March.

Accordingly, the writ petition is allowed and consequential benefit would be given to the petitioner as referred above. He would be entitled to other benefits based on appointment order dated 24.01.1992 and his joining on 28.01.1992, thus benefit of selection scale would also be determined.

This also disposes of stay application."

2. Learned counsel for the petitioners prays that the petitioners

may be permitted to file an appropriate representation in light of

the judgment rendered by this Court in the case of Yogesh

Kumar Pareek (Supra) for redressal of their grievances.

3. In view of the submission made, the present writ petition is

disposed of with liberty to the petitioners to file an appropriate

representation for redressal of their grievances before the

respondents, and the respondents are directed to decide the same

within a period of six weeks from the date of receipt of such

representation, strictly in accordance with law, keeping in mind

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the directions issued by this Court in the case of Yogesh Kumar

Pareek (Supra).

4. It is made clear that the respondents will be at liberty to

examine the representation so filed by the petitioners

independently, and if the case of the petitioners is squarely

covered by the judgment rendered in the case of Yogesh Kumar

Pareek (Supra), the same benefit shall be extended; otherwise

the respondents will be free to examine the case of the petitioners

on its own merits and pass a speaking order.

(VINIT KUMAR MATHUR),J 49-/Vivek/-

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