Citation : 2025 Latest Caselaw 3730 Raj
Judgement Date : 6 January, 2025
[2025:RJ-JD:443]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 21711/2024
1. Pappu Singh S/o Khum Singh, Aged About 49 Years, R/o Village Dholiya Ki Jaid-Barjal, Tehsil Bhim, Dist. Rajsamand, At Present Posting Gps Ietwa, Block Bhim, Dist. Rajsamand.
2. Moti Singh S/o Ratan Singh, Aged About 46 Years, R/o Vpo Diwer, Tehsil Bhim, Dist. Rajsamand Raj. At Present Posting Gps Brato Ka Briya (Diwer) Block Bhim, District Rajsamand.
3. Khuman Singh S/o Dalla Singh, Aged About 42 Years, R/o Mukam Hareda, Village Diwer, Tehsil Bhim, Dist. Rajsamand Raj. At Present Posting Gps Hareda (Diwer) Block Bhim, District Rajsamand.
4. Vikram Singh Kumpawat S/o Sher Singh, Aged About 48 Years, R/o Vpo Guda Sursingh, Via Ranawas, Tehsil Marwar Junction, Dist. Pali Raj. At Present Posting Gps Jod Guda Sur Singh, Block Marwar Junction, District Pali.
5. Bhanwara Ram Meghwal S/o Jodha Ram, Aged About 51 Years, R/o Vpo Malsa Bawari, Via Ranawas, Tehsil Marwar Junction, Dist. Pali Raj. At Present Posting Gps Jod Guda Sur Singh, Block Marwar Junction, District Pali.
6. Vijay Singh S/o Roop Singh, Aged About 46 Years, R/o Dholiya Ki Jad, Barjal, Tehsil Bhim, Dist. Rajsamand, Raj. At Present Posting Gps Oda, Barjal ,block Bhim, District Rajsamand.
7. Dalu Singh S/o Bhairu Singh, Aged About 57 Years, R/o Village Itwa, Post Barjal , Via Deogarh, Tehsil Bhim, Dist. Rajsamand , Raj. At Present Posting Gups Hamato Ki Barjal, Barjal, Block Bhim, District Rajsamand.
8. Mohan Singh S/o Gheesa Singh, Aged About 47 Years, R/ o Village Siriyari, Tehsil Marwar Junction, Dist. Pali, At Present Posting Chhapli Bhim, Dist. Rajsamand.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur , Rajasthan.
2. Director, Elementary Education, Bikaner.
[2025:RJ-JD:443] (2 of 4) [CW-21711/2024]
3. Director, Secondary Education, Bikaner.
4. The District Education Officer, (Elementary Education) Pali ,rajasthan.
5. The District Education Officer, (Elementary Education) Rajsamand, Rajasthan.
6. The District Education Officer, (Elementary Education) Jodhpur, Rajasthan.
7. The District Education Officer, (Secondary Education) Rajsamand, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Tanwar Singh Rathore
For Respondent(s) : -
JUSTICE DINESH MEHTA
Order
06/01/2025
1. Heard learned counsel for the petitioners.
2. Learned counsel for the petitioners submits that in the
identical situation this court vide order dated 25.04.2023 has
disposed of S.B. Civil Writ Petition No.6580/2020 (Jugal
Kishore & Ors. V/s State & Ors.) in the following terms:-
"1. While inviting court's attention to the prayer in the writ petition, vis-a-vis, the order dated 28.05.2021 passed by the State Government, Mr. Chanda learned counsel for the respondent-State submits that the relief claimed in the writ petitions has already been granted to the petitioners and the writ petition has been rendered infructuous.
2. In view of the submissions notices above and considering the order dated 28.05.2021, the writ petition is dismissed as having been rendered infructuous.
[2025:RJ-JD:443] (3 of 4) [CW-21711/2024]
3. Since, it is admitted case of the State that petitioners' grievance has been redressed, it will be incumbent upon the competent authority to pass an order in terms of the order dated 28.05.2021.
4. In view of the fact that the State Government had taken an in- principle decision to redress petitioners' grievance way back on 28.05.2021, the competent authority of the respondent- State is hereby directed to pass an appropriate order revising petitioners' pay scale in terms of the order dated 28.05.2021 and determine the salary payable as early as possible preferably within three months from today.
5. After re-fixation of petitioner's pay scale, the respondents shall pay the arrears to the petitioners latest by 31.12.2023.
6. The stay application also stands disposed of accordingly".
3. In view of the matter, learned counsel for the petitioners
submits that the petitioners may be permitted to submit a detailed
representation to the respondents and prays that the respondents
may be directed to consider the same in the light of judgment
rendered by this court in the case of Jugal Kishore & Ors (supra).
4. Considering the limited prayer made by the counsel for the
petitioners, the present writ petition is disposed of in terms that in
the event of filing a representation by the petitioners, the same
shall be considered and decided by the respondents in the light of
judgment rendered by this court in case of Jugal Kishore (supra)
within a period of six weeks from the date of receipt of certified
copy of this order.
5. The present order has been passed on the submission made
by the counsel for the petitioners that the case of the petitioners is
similar to the case of Jugal Kishore, therefore, if the facts of the
[2025:RJ-JD:443] (4 of 4) [CW-21711/2024]
present case are not similar to the case of Jugal Kishore, 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, the petitioners would be
entitled to the relief.
6. Stay application also stands disposed of, accordingly.
(DINESH MEHTA),J 11-raksha/-
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