Rajasthan High Court - Jodhpur
Ram Lal vs The State Of Rajasthan ... on 19 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:38900]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15727/2024
1. Ram Lal S/o Hanuman Ram, Aged About 35 Years, R/o
Chavri Ka Bass Inana, District Nagaur, Rajasthan. (Clis)
2. Bhanwara Ram S/o Rewant Ram, Aged About 39 Years, R/
o Peempasar Sribalaji, District Nagaur, Rajasthan. (Clis)
3. Raju Ram Chotiya S/o Devkaran, Aged About 38 Years, R/
o Ramdev Mandir Ke Pass Khajwana, District Nagaur,
Rajasthan. (Clis)
4. Babu Lal Togsiya S/o Kishana Ram, Aged About 56 Years,
R/o Bher, District Nagaur, Rajasthan. (Clis)
5. Heta Ram Bishnoi Lega S/o Birbal Ram Bishnoi Lega,
Aged About 54 Years, R/o Bhe, District Nagaur,
Rajasthan. (Clis)
6. Ladu Singh Rathore S/o Shaitan Singh Rathore, Aged
About 47 Years, R/o Bher, District Nagaur, Rajastha. (Clis)
7. Mula Ram S/o Shera Ram, Aged About 42 Years, R/o
Untwaliya, District Nagaur, Rajasthan. (Clis)
8. Lalit Prasad Panchariya S/o Changanlal Panchariya, Aged
About 43 Years, R/o Rohini, District Nagaur, Rajasthan.
(Clis)
9. Mahesh Kumar S/o Bansi Lal, Aged About 51 Years, R/o
Khinvsar, District Nagaur, Rajasthan. (Clis)
10. Rinku Bhati W/o Rajendra Sigh Rathore, Aged About 37
Years, R/o Ravli Pool, Village Sandiya, District Pali,
Rajasthan. (Clis)
11. Ramraj S/o Puran Singh, Aged About 44 Years, R/o
Amarpur, Gajipur, District Dausa, Rajasthan. (Blis)
12. Chandra Pal S/o Sant Ram, Aged About 34 Years, R/o
Ward No. 09, Village Post Bashir, Tehsil Tibbi, District
Hanumangarh, Rajasthan. (Pgdca)
13. Govind Prasad Sharma S/o Nathu Lal Sharma, Aged
About 42 Years, R/o Village Umrain, Post Umrain, Tehsil
Alwar, District Alwar, Rajasthan. (Clis)
14. Umakant Sharma S/o Jagdish Prasad Sharma, Aged
About 55 Years, R/o Village Post Khudiya Na, Tehsil
Laxmangarh, District Alwar, Rajasthan. (Clis)
15. Dharm Singh S/o Dayaram Gurjar, Aged About 39 Years,
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R/o Village Bai, Post Ghat, Tehsil Laxmangarh, District
Alwar, Rajasthan. (Clis)
16. Aladeen S/o Akbar Khan, Aged About 42 Years, R/o
Village Rata Kalan, Post Rata Khurd, Tehisl Kishangarh
Bas, District Khairthal Tijara, Rajasthan. (Clis)
17. Karan Singh S/o Ramhet, Aged About 43 Years, R/o Ward
No. 21, Bhajera, Nagar Palika Bahadurpur, Tehsil Alwar,
District Alwar, Rajasthan. (Clis)
18. Vijay Kumar Sharma S/o Ram Kishore Sharma, Aged
About 52 Years, R/o Village Post Salpur, Tehsil Malakhera,
District Alwar, Rajasthan. (Clis)
19. Nand Kishore Jatav, Aged About 51 Years, R/o Ward No.
21, Bhajera Nagar Palika Bahadurpur, Tehsil Alwar, District
Alwar, Rajasthan. (Clis)
20. Sube Singh S/o Bhikhu Ram, Aged About 44 Years, R/o
Nato Ki Basti Ke Pass, Raisees, Raisis, District Alwar,
Rajasthan. (Clis)
21. Karimuddin S/o Sardar Mohd, Aged About 42 Years, R/o
Village Dhamukad, Post Thons, Tehsil Kishangarh-Bas,
District Khairthan Tijara, Rajasthan. (Clis)
22. Rohit Ashva Kumar S/o Suresh Gurjar, Aged About 32
Years, R/o Village Behroj, District Alwar, Rajasthan. (Clis)
23. Sirdar S/o Suleman Khan, Aged About 44 Years, R/o Vpo
Rayabka, District Alwar, Rajasthan. (Clis)
24. Taj Mohammad, Aged About 39 Years, R/o Vop
Khanpurmewan, Tehsil Kishangarh-Bas, District Khairthal
Tijara, Rajasthan. (Clis)
25. Yashoda Devi Sharma W/o Mahesh Chand, Aged About 49
Years, R/o Village Jhalatala, District Alwar, Rajasthan.
(Clis)
26. Lekhraj S/o Ram Prasad Choudhari, Aged About 44 Years,
R/o Village Mahanpur, Post Nangli Megha, Tehsil Ramgarh,
District Alwar, Rajasthan. (Clis)
27. Manju Khatik W/o Karan Singh Malhotra, Aged About 35
Years, R/o Village Bichgaon, Tehsil Laxmangarh, District
Alwar, Rajasthan. (Clis)
28. Preeti Goutam W/o Vinay Gautam, Aged About 54 Years,
R/o F-Iii Anandam, Surga Nagar By Pass 200Ft Road,
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District Alwar, Rajasthan. (Clis)
29. Shivji Ram S/o Radha Kishan, Aged About 33 Years, R/o
Dhani Dadikar, District Alwar, Rajasthan. (Clis)
30. Pankaj Kumar S/o Chhote Lal, Aged About 28 Years, R/o
Noornagar, Tehsil Kishangarh Bas, District Alwar,
Rajasthan. (Clis)
31. Rajesh Singh Rajput S/o Bhagwan Singh, Aged About 35
Years, R/o Rjaput Colony Laxmangarh, District Alwar,
Rajasthan (Clis)
32. Virendra Kumar S/o Ghanshyam Das, Aged About 50
Years, R/o Amardas Mandir Ke Pichhe, Isnaka Road
Nagar, District Deeg - Bharatpur, Rajasthan. (Clis)
33. Shareeph Khan S/o Shakur Khan, Aged About 49 Years,
R/o Vrki Dalla, Post Padalvas, Tehsil Shikri, District Deeg -
Bharatpur, Rajasthan. (Clis)
34. Narayan Singh S/o Kare Singh, Aged About 51 Years, R/o
Village Piraka, Post Khkhavali, Tehsil Nagar, District Deeg
- Bharatpur, Rajasthan. (Clis)
35. Nand Lal S/o Atar Singh, Aged About 40 Years, R/o
Village Post Kareelee, Tehsil Nadbai, District Bharatpur,
Rajasthan. (Clis)
36. Purushottam Chaturvedi S/o Dhanna Ram Chaturvedi,
Aged About 42 Years, R/o Village Ratanpur, Post
Raghuvanshi, District Karoli, Rajasthan. (Dca)
37. Mohan Singh Rathore S/o Lichman Singh Rathore, Aged
About 37 Years, R/o Jogalsar, Bidasar, District Churu,
Rajasthan (Clis)
38. Shiv Chand Alriya S/o Ram Kumar Alriya, Aged About 58
Years, R/o Ward No. 28, Fathpur Shekhawati, District
Sikar, Rajasthan (Dlis)
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
School Education, Government Of Rajasthan, Secretariat,
Jaipur (Raj.).
2. The Secretary, Finance (Budget), Department Of Finance,
Government Of Rajasthan, Secretariat, Jaipur (Raj.).
3. The Joint Secretary (Admn.), Department Of Elementary
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Education, Government Of Rajasthan, Secretariat, Jaipur
(Raj.).
4. The Deputy Secretary, Department Of Elementary
Education, Government Of Rajasthan, Secretariat, Jaipur
(Raj.).
5. The Director, Elementary Education, Rajasthan, Bikaner
(Raj.).
6. Rajasthan Madarsa Board, Dr. S.n. Radhakrishnan
Shiksha Sankul, J.l.n. Marg, Jaipur, Through Its Secretary.
7. The Secretary, Department Of Minority And Waqf,
Government Of Rajasthan, Secretariat, Jaipur.
8. The District Education Officer, Headquarters, Elementary
Education, Nagaur (Raj.).
9. The District Education Officer, Headquarters, Elementary
Education, Pali (Raj.).
10. The District Education Officer, Headquarters, Elementary
Education, Dausa (Raj.).
11. The District Education Officer, Headquarters, Elementary
Education, Hanumangarh (Raj.).
12. The District Education Officer, Headquarters, Elementary
Education, Alwar (Raj.).
13. The District Education Officer, Headquarters, Elementary
Education, Kharithal Tijara (Raj.).
14. The District Education Officer, Headquarters, Elementary
Education, Bharatpur (Raj.).
15. The District Education Officer, Headquarters, Elementary
Education, Deeg (Raj.).
16. The District Education Officer, Headquarters, Elementary
Education, Karoli (Raj.).
17. The District Education Officer, Headquarters, Elementary
Education, Churu (Raj.).
18. The District Education Officer, Headquarters, Elementary
Education, Sikar (Raj.).
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
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HON'BLE MR. JUSTICE FARJAND ALI
Order
19/09/2024
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 passing any orders either way, therefore, the
competent authority be directed to decided the same by passing
appropriate administrative orders expeditiously.
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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.
(FARJAND ALI),J
Abhishek Kumar
S.No.202
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