Rajasthan High Court - Jodhpur

Devi Lal Meena vs State Of Rajasthan (2025:Rj-Jd:2877) on 16 January, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:2877]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 665/2025

1. Devi Lal Meena S/o Champa Lal Meena, Aged About 48 Years, R/o Naliya Wada, Parsad, Udaipur, Presently Posted At Government Senior Secondary School, Dhelai, Sarada, Udaipur.

2. Manilal Meena S/o Goma Ji Meena, Aged About 58 Years, Resident Of Kodiya Khet, Barapal, Udaipur, Presently Posted At Government Senior Secondary School, Kakrwali, Sarada, Udaipur.

3. Mani Lal Meena S/o Dhariya Meena, Aged About 52 Years, R/o Village- Naya Boriya, Govt. Senior Sec. School, Gothra, District Pratapgarh, Presently Posted Government Senior Secondary School, Dist. Pratapgarh.

4. Kalu Lal Meena S/o Rama Ji Meena, Aged About 57 Years, Resident Of Jawahar Nagar, 03, School Phala, Ward No 08, Jawahar Nagar, Pratapgarh, Gadriawas, Presently Posted At Government Senior Secondary School, Jawahar Nagar-2, Dist. Pratapgarh.

5. Shankerlal Meena S/o Shri Puniya Meena, Aged About 51 Years, Resident Of Parshawnarth Nagar, Infront Of Hanuman Temple, Ward No. 5, Dhariyawad, Dist. Pratapgarh, Presently Posted At Government Tribal Boys Ashram Hostel, Parsola Pratapgarh.

6. Dhool Chand Meena S/o Rama Meena, Aged About 50 Years, R/o Beda Ghata, Ward -12, Bilka Baas, Gadwas, Pratapgarh, Presently Posted At Government Senior Secondary School, Nalwa, Tehsil Dhariyawad, Dist. Pratapgarh.

7. Thavarchand Meena S/o Paliya Meena, Aged About 53 Years, R/o Khetal Fala, Ward No 05, Chari, Dist. Pratapgarh, Presently Posted At Government Senior Secondary School, Rathadi, Panchayat Samiti Jhallara, Dist. Salumbar.

8. Ashok Kumar Jetawat S/o Bhanwarlal Jetawat, Aged About 60 Years, R/o 5, Dharnendra Bhawaan, Vardhman Nagar, Swaminarayan Temple Marg, Ward No 1, Dhariyawad, Dist. Pratapgarh, Presently Posted At Government Senior Secondary School, Charniya, Tehsil Dhariyawad, Dist. Pratapgarh.

[2025:RJ-JD:2877] (2 of 5) [CW-665/2025]

9. Ramesh Das Vaishnav S/o Bherudas Vaishnav, Aged About 57 Years, R/o Amba Nagri, Ward No-7,mungana, Dist. Pratapgarh, Presently Posted At Government Senior Secondary School, Mungana, Dist. Pratapgarh.

10. Kamlesh Verma S/o Biram Dev Verma, Aged About 50 Years, R/o 16 Indra Colony, Ward No.1, Uncha Bhilwada Tehsil Jahjazpur, Dist. Bhilwada. Presently Posted At Government Senior Secondary School, Charniya, Tehsil Dhariyawad, Dist. Pratapgarh.

11. Banwer Singh Rathore S/o Keshar Singh Rathore, Aged About 54 Years, R/o 27 Village-Kakra (Nadaphala) Po. Gopalpura, Vaya- Parsola, Tehsil Dhariyawad, Dist. Pratapgarh (Raj). Presently Posted At Government Senior Secondary School, Manpur, Tehsil Dhariyawad, Dist. Pratapgarh.

12. Ashu Ram Meena S/o Deva Ji Meena, Aged About 54 Years, R/o 52, Lilmba Kheda, Ward No 03 Nada Phala, Dist. Pratapgarh, Presently Posted At Government Senior Secondary School, Gopalpura, Tehsil Dhariyawad, Pratapgarh.

13. Neelam Anjum Sheikh W/o Jamal Mohd. Sheikh, Aged About 63 Years, Resident Of 13, Paduwadi, Behind K.p. School, Dist. Udaipur, Retaired From Government Girls Upper Primary School, Vijay Singh, Pathik Nagar, Sector- 6, Udaipur.

14. Rubi Sethi D/o Govind Ram Sethi, Aged About 52 Years, R/o Gordhan Vilas, Sector 14 Udaipur, Presently Posted At Mahatma Gandhi Govt.school, Rathana (Mavli) Udaipur.

15. Lal Bahadur Shastri S/o Shri Hari Shankar Sharma, Aged About 59 Years, Resident Of 102 Ratakhet, Shri Ji Niwas, Before Harsh Nagar, Rampura Road, Girwa Udaipur, Presently Posted At Mahatma Gandhi Govt. School, Ram Manohar Lohiya Udaipur.

16. Kamalesh Sharma S/o Liladhar, Aged About 55 Years, R/o L 181, Bappa Rawal Nagar, Hiran Magri Sector 6, Dist Udaipur. Presently Posted At Government Senior Secondary School, Teela Kheda, Girwa, Dist Udaipur.

----Petitioners Versus

[2025:RJ-JD:2877] (3 of 5) [CW-665/2025]

1. State Of Rajasthan, Through Its Secretary, Department Of School Education, Government Secretariat Building, Jaipur.

2. State Of Rajasthan, Through Its Secretary, Department Of Sanskrit Education, Government Secretariat Building, Jaipur.

3. Department Of Finance, Through Secretary Finance, Government Secretariat Building, Jaipur.

4. Director, Secondary Education, Bikaner.

5. Director, Elementary Education, Bikaner.

6. Deputy Director, Education Department, Udaipur.

7. Joint Director, Education Department, Udaipur.

8. Deputy Director, Education Department, Salumber.

9. Joint Director, Education Department, Salumber.

10. Deputy Director, Education Department, Pratapgarh.

11. Joint Director, Education Department, Pratapgarh.

12. Divisional Sanskrit Education Officer, Udaipur Division, Udaipur.

13. District Education Officer, Secondary Education, Udaipur.

14. District Education Officer, Elementary Education, Udaipur.

15. District Education Officer, Secondary Education, Pratapgarh.

16. District Education Officer, Elementary Education, Pratapgarh.

17. Divisional Sanskrit Education Officer, Udaipur Division, Salumber.

18. District Education Officer, Secondary Education, Salumber.

19. District Education Officer, Elementary Education, Salumber.


                                                                   ----Respondents


For Petitioner(s)           :     Ms. Deepika Soni
For Respondent(s)           :              -





 [2025:RJ-JD:2877]                      (4 of 5)                           [CW-665/2025]


                        JUSTICE DINESH MEHTA
                                       Order
16/01/2025

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, SBCWP 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.

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."

[2025:RJ-JD:2877] (5 of 5) [CW-665/2025]

2. Learned counsel further submits that the petitioners would

be satisfied if their representation (which they would be filing

within two weeks from today) is 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 a

comprehensive representation 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