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Bhagwan Sahay Meena vs The State Of Rajasthan ...
2025 Latest Caselaw 11749 Raj

Citation : 2025 Latest Caselaw 11749 Raj
Judgement Date : 28 August, 2025

Rajasthan High Court - Jodhpur

Bhagwan Sahay Meena vs The State Of Rajasthan ... on 28 August, 2025

Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:38420]

   HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
                     S.B. Civil Writ Petition No. 16259/2025

1.       Bhagwan Sahay Meena S/o Chimman Lal Meena, Aged About
         44 Years, R/o Ranglal Ka Pura, Tehsil And Post Todabhim
         District    Karauli,       Presently     Posted      At       Government      Upper
         Primary      School        Sursena      Bhanakpura            Todabhim,      District
         Karauli, Rajasthan.

2.       Vijay Singh Meena S/o Hariram Meena, Aged About 50 Years,
         R/o Wal Ka Pura Tehsil And Post Todabhim, District Karauli,
         Presently      Posted       At   Government          Upper       Primary      School
         Sursena Bhanakpura Todabhim, District Karauli, Rajasthan.

3.       Ramesh Chand Meena S/o Bhagoti Ram Meena, Aged About 49
         Years, R/o Village Nahar Khora, Post Geejgarh, Tehsil Sikrai,
         District Dausa, Presently Posted At Government Upper Primary
         School Anantpura Bhejeda Todabhim Karauli, Rajasthan.

4.       Ramesh Chand Meena S/o Kishan Lal Meena, Aged About 52
         Years,      R/o     Bhagtan        Ka     Pura      Bamanwas          Pati    Khurd
         Sawaimadhopur              Presently     Posted      At       Government      Upper
         Primary       School        Anantpura        Bhejeda          Todabhim       Karauli,
         Rajasthan.

5.       Boby Lal Sahariya S/o Narayan Lal, Aged About 48 Years, R/o
         Village Khankhera, Post Kelwara, Kishanganj, Baran Presently
         Posted At Govt. Primary School Janakpur Balapura Baran,
         Rajasthan.

6.       Shobhag Chand Sahariya S/o Ghanshyam Sahariya, Aged
         About 47 Years, R/o Data Mohalla Rampuriya Jageer Bansthuni
         Baran, Presently Posted At Government Senior Secondary
         School Bilasgar Baran, Rajasthan.

7.       Ramdayal Sahariya S/o Ishwar Lal Sahariya, Aged About 46
         Years, Saharana Behta, Bainta, Baran, Presently Posted At
         Government           Senior       Secondary         School,       Behta       Baran,
         Rajasthan.

                                                                            ----Petitioners

                                           Versus

1.       The    State       Of      Rajasthan,       Through       Principal      Secretary,
         Department            Of      Elementary           Education,         Government
         Secretariat, Rajasthan, Jaipur.

2.       The Director, Elementary Education, Bikaner, Rajasthan.

3.       The District Education Officer, (Secondary Education), Karauli,



                           (Downloaded on 28/08/2025 at 08:43:00 PM)
 [2025:RJ-JD:38420]                    (2 of 3)                      [CW-16259/2025]


         Rajasthan.

4.       The District Education Officer, (Elementary Education), Karauli,
         Rajasthan.

5.       The District Education Officer, (Secondary Education), Baran,
         Rajasthan.

6.       The District Education Officer, (Elementary Education) Baran,
         Rajasthan.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Gajendra Singh for Mr. Balkrishan
                                 Saini


                 HON'BLE DR. JUSTICE NUPUR BHATI

Order

28/08/2025

1. Learned counsel for the petitioner 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 decide the representation of the petitioner

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, along with 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

[2025:RJ-JD:38420] (3 of 3) [CW-16259/2025]

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 of the petitioner 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. The order has been passed based on the submissions made in the

petition and by learned counsel for the petitioner 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

petitioner.

5. It is made clear that aforesaid direction to decide there

presentation has been issued only with a view to ensure expeditious

redressal of petitioner's grievance. The same may not be construed to

be an order to decide the representation in a particular manner.

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

(DR. NUPUR BHATI),J surabhii/109-

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