Rajasthan High Court - Jodhpur
Umrao Dan Charan vs The State Of Rajasthan ... on 15 January, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:2606]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 594/2025
1. Umrao Dan Charan S/o Karni Dan, Aged About 44 Years,
R/o Rawara Mahiya, Post Newai Pachpadra District
Balotra, Rajasthan (Blis)
2. Khushal Singh S/o Prem Dan, Aged About 39 Years, R/o
Rewada Ashiya, Post Newai Pachpadra, District Balotra,
Rajasthan (Blis)
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
School Education, Government Of Rajasthan, Secretariat,
Jaipur (Raj.).
2. The Joint Secretary (Admn.), Department Of Elementary
Education, Government Of Rajasthan, Secretariat, Jaipur
(Raj.).
3. The Deputy Secretary, Department Of Elementary
Education, Government Of Rajasthan, Secretariat, Jaipur
(Raj.).
4. The Director, Elementary Education, Rajasthan, Bikaner
(Raj.).
5. The District Education Officer, Headquarters, Elementary
Education, Balotra (Raj.).
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
JUSTICE DINESH MEHTA
Order
15/01/2025
1. Learned counsel for the petitioners submitted that identical
petition being S.B. Civil Writ Petition No.1590/2024
(Praveen Kumar Paliwal vs State of Rajasthan) has been
[2025:RJ-JD:2606] (2 of 3) [CW-594/2025]
disposed of by a Co-ordinate Bench of this Court vide order dated
02.02.2024.
2. Learned counsel prayed that similar order be passed in
petitioners' case also.
3. In case of Praveen Kumar Paliwal (supra), a Co-ordinate
Bench of this Court has observed as under :-
1. Grievance of the petitioners herein, arises out of the
inaction/non-consideration on the part of the respondents
to consider their claim of re-fixation of their monthly pay
at the rate of Rs.16,900/- as against Rs.10,400/- which is
being currently paid, notwithstanding that the Director,
Elementary Education, Rajasthan vide a letter dated
24.04.2023 recommended their case favourably to Deputy
Secretary(Admn.), Department of Elementary Education,
Government of Rajasthan.
2. They also rely a judgment rendered by this Court in
case of Jassa Ram Choudhary and Ors. Vs. State of
Rajasthan and Ors. (S.B. Civil Writ Petition No.
17901/2023) decided on 09.11.2023 pursuant whereto,
similarly situated counter parts have been accorded
benefit. They claim that despite their passing the requisite
qualification of B.L.I.S., D.L.I.S and C.L.I.S., they are not
being considered eligible for appointment as physical
education teachers in the Elementary Education
Department in the higher pay bracket as aforesaid.
3. Learned counsel for the petitioners at the outset
submits that qua the aforesaid grievance, the petitioner
also submitted representation (Annexure-7) before the
competent authority for redressal thereof, which has
remained pending till date without being taken up for
passing any orders either way, therefore, the competent
authority be directed to decided the same by passing
appropriate administrative orders expeditiously.
4. Request seems to be fair.
[2025:RJ-JD:2606] (3 of 3) [CW-594/2025]
5. Given the nature of order which is being passed, no
prejudice would be caused to the respondents and,
therefore, the requirement of issuance of notice is
dispensed with as no return is required to be filed by
them.
6. In the aforesaid premise, the writ petition is
disposed of. The respondent competent authority is
directed to decide the pending representations of the
petitioner (Annexure-7) by passing an appropriate
administrative order, in accordance with law.
7. Needful be done as expeditiously as possible.
4. The present writ petition is disposed of in the same terms.
5. The competent authority is directed to deal with petitioners'
representation (annexure-7) by passing appropriate order in
accordance with law.
6. Stay application also stand disposed of accordingly.
(DINESH MEHTA),J
63-Mak/-
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