Nagendra Kumar vs State Of Rajasthan (2025:Rj-Jd:19575)
2025 Latest Caselaw 12146 Raj

Rajasthan High Court - Jodhpur

Nagendra Kumar vs State Of Rajasthan (2025:Rj-Jd:19575) on 23 April, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:19575]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 8055/2025

1.       Nagendra Kumar S/o Shri Kirori Mal Barawal, Aged About
         37 Years, R/o Village Mainpur, Tehsil Mudawar, District
         Alwar, Rajasthan.
2.       Purushottam Samaria S/o Shri Roop Chand Samaria,
         Aged About 41 Years, R/o Kamharka, Alwar, District
         Alwar, Rajathan.
                                                                        ----Petitioners
                                         Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of    Education,           Government          Of      Rajasthan,        Jaipur,
         Rajasthan.
2.       The Secretary, Rajasthan Public Service Commission,
         Ajmer, Rajasthan.
3.       The    Director,      Secondary         Education,          Bikaner,    District
         Bikaner, Rajasthan.
4.       The Joint Director, (School Education), Jodhpur Division,
         District Jodhpur, Rajasthan.
                                                                     ----Respondents


For Petitioner(s)              :     Mr. Mohan Singh



               HON'BLE MS. JUSTICE REKHA BORANA

Order

23/04/2025

1. Learned counsel for the petitioners submits that the

controversy in question rests covered by the judgment passed by

a Co-ordinate Bench of this Court at Jaipur in S.B. Civil Writ

Petition No.7283/2014: Manoj Khandelwal & Ors. Vs. State

of Rajasthan & Ors. (decided on 16.07.2014). He submits that

the petitioner would be satisfied if the respondents are directed to

[2025:RJ-JD:19575] (2 of 3) [CW-8055/2025]

decide the representation of the petitioners in light of the

aforesaid judgment.

2. In Manoj Khandelwal's case (supra), it was observed and

held as under:

"Having regard to the facts of the case, writ petition

is disposed of requiring the petitioners to make a

representation to respondent no.2-Director, Secondary

Education, Bikaner, alongwith a copy of this order, who

shall, after verifying the facts stated above, consider and

decide the same by a speaking order within a period of

three months from the date of its making, addressing the

grievance of the petitioners for extending them the relief

as prayed for, as the candidates, who stood lower in

merit, are getting benefit of higher pay, seniority, annual

grade increments and other service benefits including the

selection scales. If the respondent no.2 decides to place

the petitioners above in seniority than the candidates

who stood lower in merit, then the petitioners would be

entitled to all benefits of seniority but they would be

entitled only to notional benefits."

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

disposed of with a direction to the competent

authority/respondents to decide the representation(s) of the

petitioners if filed within a period of fifteen days from now. The

representation(s) be decided within a period of six weeks

thereafter in accordance with law and keeping in view the

observations made in the case of Manoj Khandelwal (supra).

[2025:RJ-JD:19575] (3 of 3) [CW-8055/2025]

4. It is made clear that aforesaid direction to decide the

representation(s) has been issued only with a view to ensure

expeditious redressal of petitioners' grievance.

5. The order has been passed based on the submissions made

in the petition and by learned counsel for the petitioners before

this Court. The respondents would be free to examine the veracity

of the submissions made in the petition and only in case, the

averments made therein are found to be correct, appropriate

orders would be passed in favour of the petitioners.

6. Stay petition and pending applications, if any, stand

disposed of.

(REKHA BORANA),J 26-Devanshi/-

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