Rajasthan High Court - Jodhpur
Udaibhan Singh Chouhan vs State Of Rajasthan (2025:Rj-Jd:35228) on 8 August, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:35228]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15190/2025
1. Udaibhan Singh Chouhan S/o Shri Ravindra Singh
Chouhan, Aged About 36 Years, R/o Village Sajjan Singh
Ka Gara, Post Bhuwasa, Tehsil Ganora, District Banswara,
Rajasthan.
2. Sanjay Thakor S/o Shri Devilal Thakor, Aged About 36
Years, R/o Village And Post Padra, Tehsil Sagwara,
District- Dungarpur, Rajasthan.
3. Kapil Pasawat S/o Shri Premshankar Pasawat, Aged About
31 Years, R/o Village And Post Sagatra, Tehsil Sarada,
District Salumber, Rajasthan.
4. Sharda Kumari Tabiyad D/o Shri Hari Singh, Aged About
35 Years, R/o Village Sohanbadali, Post Dariyati, Tehsil-
Chikhali, District Dungarpur, Rajasthan.
5. Suman D/o Shri Khema Ram, Aged About 32 Years, R/o
Village Ragho Ka Bas, Khanri, Post Daudsar, Tehsil
Moulasar, District- Didwana Kuchaman, (Nagaur),
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director, Department Of Secondary Education,
Bikaner, Rajasthan.
3. The Joint Director, Secondary Education, Udaipur Division,
Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Keshav Bhati
HON'BLE DR. JUSTICE NUPUR BHATI
Order
08/08/2025
1. Learned counsel for the petitioners submits that the
controversy involved in the present writ petition is squarely
[2025:RJ-JD:35228] (2 of 3) [CW-15190/2025]
covered by the judgment passed by the Coordinate Bench of this
Court at Jaipur Bench, Jaipur in the case of Manoj Khandelwal &
Ors. v. State of Rajasthan & Ors. : SBCWP No.7283/2014
decided on 16.07.2014. He further 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. Relevant portion of the afore-quoted judgment is
reproduced as infra:
"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 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."
2. In view of the submissions made, the present writ petition is
disposed of with the 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 of the petitioner shall be decided within a period of
[2025:RJ-JD:35228] (3 of 3) [CW-15190/2025]
six weeks thereafter strictly in accordance with law and keeping in
view of the observation made in the case of Manoj Khandelwal
(supra).
3. 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.
4. 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.
5. Stay petition as well as all other pending applications, if any,
also stand disposed of.
(DR.NUPUR BHATI),J
surabhii/181-
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