Rajasthan High Court - Jodhpur
Anita Choudhary vs State Of Rajasthan (2025:Rj-Jd:20266) on 25 April, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:20266]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8214/2025
1. Anita Choudhary D/o Shri Meer Singh Choudhary, Aged
About 38 Years, R/o Dhaka House, Indira Colony, Bikaner,
District Bikaner, Rajasthan.
2. Alka Bhoond W/o Shri Ramratan, Aged About 45 Years,
R/o C-364, Karni Nagar, Lalgarh, Bikaner, District Bikaner,
Rajasthan.
3. Suresh Kumar Budania S/o Shri Prahlad Singh Budania,
Aged About 40 Years, R/o Dhani Sukh Singh Ka Vas,
Tehsil Neem Ka Thana, Mawanda Khurd, Sikar, District
Sikar, Rajasthan.
4. Suresh Kumar Bagra S/o Shri Omkar Mal Bagra, Aged
About 47 Years, R/o Ward No. 5, Dhani Bagdo Ki
Kanwarpura, Jaipur, District Jaipur, Rajasthan.
5. Sarvjeet Kaur D/o Shri Gyan Singh, Aged About 47 Years,
R/o Ward No. 5, Suratgarh, Sriganganagar, District
Sriganganagar, Rajasthan.
6. Bhagwan Singh S/o Shri Devi Singh, Aged About 34
Years, R/o Jatav Basti, Nithar, Bharatpur, District
Bharatpur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
3. The Secretary, Rajasthan Public Service Commission,
Ajmer, Rajasthan.
----Respondents
For Petitioner(s) : Ms. Abha Dadhich for
Mr. Kailash Jangid
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
[2025:RJ-JD:20266] (2 of 3) [CW-8214/2025]
25/04/2025
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). She submits that
the petitioners would be satisfied if the respondents are directed
to 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."
[2025:RJ-JD:20266] (3 of 3) [CW-8214/2025]
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 of the
petitioners if filed within a period of fifteen days from now. The
representation 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).
4. It is made clear that aforesaid direction to decide the
representation 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.
(VINIT KUMAR MATHUR),J
C-11-10-SunilS/-
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