Rajasthan High Court - Jodhpur
Shankara Ram Bochiya vs The State Of Rajasthan ... on 6 January, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:465]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 21739/2024
1. Shankara Ram Bochiya S/o Sh. Pannu Ram, Aged About
48 Years, R/o Vpo Buthiya, Tehsil Ramsar, Dist. Barmer,
Raj.
2. Manohar Singh Sodha S/o Hari Singh Sodha, Aged About
55 Years, R/o Vpo Ran Singh Ki Dhani, Post Lilma, Tehsil
Gadra Road Dist Barmer, Raj.
3. Khamisha Khan Sameja S/o Hameer Khan Sameja, Aged
About 52 Years, R/o Vpo Bandasar, Tehsil Gadra Road,
Dist. Barmer, Raj.
4. Parmanand Pannu S/o Gorkharam Pannu, Aged About 50
Years, R/o Vpo Tamlor, Tehsil Gadra Road, Dist. Barmer,
Raj.
5. Chatar Singh Sodha S/o Bhakhar Singh Sodha, Aged
About 54 Years, R/o Vpo Uttarba, Tehsil Gadra Road, Dist.
Barmer, Raj.
6. Udai Singh S/o Deep Singh Rathore, Aged About 51
Years, R/o Vpo Labrau, Tehsil Ramsar, Dist. Barmer, Raj.
7. Usha Choudhary S/o Chokha Ram, Aged About 47 Years,
R/o Vpo Vishnu Colony, Dist. Barmer, Raj.
8. Devee Singh S/o Narpat Singh, Aged About 48 Years, R/o
Vpo Gordiya, Tehsil Gadra Road, Dist. Barmer, Raj.
9. Bhai Khan S/o Bhanwar Khan Kohari, Aged About 50
Years, R/o Vpo Nimbasar, Tehsil Sheo, Dist. Barmer, Raj.
10. Moola Ram S/o Maya Ram, Aged About 53 Years, R/o Vpo
Binjasar, Tehsil Sedwa, Dist. Barmer, Raj.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Secretary,
Government Of Rajasthan, Department Of Education,
Jaipur, Rajasthan.
2. The Director, Secondary Education, Bikaner.
3. The Director, Elementary Education, Bikaner.
4. The Joint Director, Education Department, Jodhpur Zone
Jodhpur.
5. The District Elementary Officer (Secondary/elementary),
[2025:RJ-JD:465] (2 of 3) [CW-21739/2024]
Barmer.
----Respondents
For Petitioner(s) : Mr. Shaurya Pratap Singh
JUSTICE DINESH MEHTA
Order
06/01/2025
1. Learned counsel for the petitioners submits that the
controversy involved in the present writ petition is squarely
covered by the judgment delivered by Jaipur Bench of this Court
in the case of Yogesh Kumar Pareek Vs. The State of
Rajasthan : S.B. Civil Writ Petition No. 3534/2009, decided
on 20.01.2014, observing thus:-
"It is stated that petitioner was appointed on regular
basis on the post of Teacher vide order dated
24.01.1992. After joining on 28.01.1992, petitioner
was entitled for benefit of service and salary for
summer vacation. Respondents denied aforesaid
benefit and increment was shifted to the month of
March despite of joining of petitioner in the month of
January. Accordingly, the respondents be directed to
pay salary of summer vacation and also the date of
increment be made to January, 1993.
The officer-in-charge of the respondents could not
justify the action of the respondents, inasmuch as
Circular dated 28.07.2003 clarified that if employee
has been appointed on regular basis on probation
then he would be entitled for salary of summer
vacation even if appointment is after 31 st December.
No justification is given by the s for denial of benefit
of increment from January other than erroneously
correlating it with the benefit of selection scale and
thereby, shifting it by 48 days. I find the action of
respondents is illegal, inasmuch as the petitioner is
entitled for the benefit of salary of summer vacation
as he is covered by the Circular. The petitioner should
be given increment counting his service from the date
of joining and not by shifting it to the month of
March.
[2025:RJ-JD:465] (3 of 3) [CW-21739/2024]
Accordingly, the writ petition is allowed and
consequential benefit would be given to the petitioner
as referred above. He would be entitled to other
benefits based on appointment order dated
24.01.1992 and his joining on 28.01.1992, thus
benefit of selection scale would also be determined."
2. Learned counsel further submits that the petitioners would
be satisfied if their representations (which they would be filing
within two weeks from today) are decided in the backdrop of the
order dated 20.01.2014 rendered in the case of Yogesh Kumar
Pareek (supra).
3. In view of the aforesaid, the present writ petition stands
disposed of with a direction to the petitioners to file
comprehensive representations before the respondents ventilating
all their grievances.
4. In case such a representation is filed within two weeks from
today, the competent authority of the respondents is directed to
consider and decide the same by a reasoned and speaking order,
in accordance with law, as early as possible, preferably within a
period of 12 weeks from the date of receipt of representations
along with a certified copy of the order instant.
5. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
15-Mak/-
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