Rajasthan High Court - Jodhpur

Aruna Shekhawat vs State Of Rajasthan (2025:Rj-Jd:29371) on 8 July, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:29371]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 12576/2025

1.       Aruna Shekhawat W/o Narpat Singh, D/o Nirbhay Singh
         Jhala, Aged About 58 Years, R/o 159 Ramnagar, Jawar,
         Zawar       Mines,    Girwa,       Udaipur,        Presently        Posted   At
         Government         Senior       Secondary          School,      Jhamarkotda,
         Kurabad, Dist. Udaipur.
2.       Durga Sharma W/o Rahul Kumar Upadhyay, D/o Bhagwati
         Lal Sharma, Aged About 49 Years, R/o 11 Vinayak Nagar,
         Near Subh Labh Complex, Shobhagpura, Girwa, Udaipur,
         Presently     Posted       At     Government               Senior   Secondary
         School, Nurada, Mavali, Dist. Udaipur.
3.       Roshan Lal Sargara S/o Ghisu Lal, Aged About 56 Years,
         R/o Tehsil Vallbhnagar, Udaipur, Presently Posted At
         Government        Senior        Secondary          School,      Puriya   Khedi
         Vallbhnagar, Dist. Udaipur.
4.       Ram Lal Kalal S/o Rup Lal Kalal, Aged About 53 Years,
         Resident Of Miyala, Kheda, Miyala, Rajsamand Miyala
         Deogarh       Dist.      Rahjasmand,              Presently         Posted   At
         Government Senior Secondary School, Madavar Bhim,
         Dist. Rajsamand.
5.       Shankar Lal Jat S/o Amar Chand, Aged About 54 Years,
         R/o Near Main Market Jat Mohhla Mavli Gaon, Mavli, Dist.
         Udaipur, Presently Posted At Government Girls Senior
         Secondary School, Mavli Goan, Dist. Udaipur.
6.       Khemraj Karela S/o Pukhraj Karela, Aged About 55 Years,
         R/o Kadela House, Near Water Tank, Gariyawas, Mavli,
         Udaipur,      Presently         Posted       At     Government           Senior
         Secondary School, Jewana, Mavli Dist. Udaipur.
7.       Sambhu Singh Asoliya S/o Padam Singh Asoliya, Aged
         About 56 Years, R/o Kapil Vihar, Bedwas, Udaipur,
         Rajasthan,      Presently        Posted       At     Government          Senior
         Secondary School, Hinglat, Arnod, Dist. Pratapgarh.
8.       Mahipal Singh Rathore S/o Man Singh Rathore, Aged
         About 57 Years, R/o 148, C-Clacc, Pratap Nagar, Udaipur,
         Girwa, Udaipur, Presently Posted At Government Office
         District Literacy And Continuing Education Officer, Dist.
         Udaipur.
9.       Mahima Dave W/o Madhukant Sharma, Aged About 50


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         Years, R/o H.no.22 Near Choudary Flor Meal, Gayatri
         Nagar, Hiran Magari Sector 5 Dist. Udaipur, Presently
         Posted      At      Government               Senior     Secondary          School,
         Vijanwas, Mavli District Udaipur.
10.      Devilal Garg S/o Doluat Ram, Aged About 56 Years, R/o
         Quarter No.3 Type 9, Model Public Residential School
         Dhikli, Udaipur, Presently Posted At Government Senior
         Secondary School, Mangthla, Tehsil Mavli, Dist. Udaipur.
11.      Sapana Modi W/o Chatar Singh Bhansali, D/o Jayanti Lal
         Modi, Aged About 57 Years, R/o 18 Mehta Ji Ki Badi Sagas
         Ji Road, Udaipur, At Persent R/o Near Hotel Maan,
         Presently        Posted      At     Government               Senior     Secondary
         School, Vijanwas, Mavali, Dist. Udaipur.
12.      Pushpa Asoliya W/o Sambhu Singh Asoliya, Aged About
         53 Years, R/o 4, Kapil Vihar, Bedwas, Udaipur, Presently
         Posted      At      Government               Senior     Secondary          School,
         Veerdholiya, Mavli Dist. Udaipur.
13.      Ramesh Lal Bunkar S/o Khemraj, Aged About 55 Years,
         R/o Khuma Ji, Bandoli, Udaipur, At Presently Government
         Senior Secondary School, Kejad Sarada, Dist. Salumbar.
14.      Mohan Lal Suthar S/o Chunni Lal Suthar, Aged About 55
         Years, R/o Ward No 10, Holi Chok Road, Sarada, Dist.
         Udaipur, At Present Swami Vivekanand Government Modal
         School, Sarada, Udaipur.
15.      Neeta Vyas D/o Chandra Narayan Vyas, W/o Naresh
         Paneri, Aged About 53 Years, R/o 16, Pushpanjli Vihar,
         Tekri- Madri Link Road, Udaipur. At Present Model Public
         Residential School, Dhikli, Badgaon, Udaipur.
16.      Anil Kumar Dasora S/o Purushottam Lal Dasora, Aged
         About 59 Years, Rf/o L-2/23, Jai Shree Colony, Dhulkot,
         Girwa, Udaipur, At Present Government Senior Secondary
         School, Kailashpuri, Badgaon, Udaipur.
17.      Pawan Singh Panwar S/o Jagat Singh Panwar, Aged About
         51 Years, R/o Gorana, Udaipur, Presently Posted At
         Government           Upper        Primary        School,        Pipaliya,     Dist.
         Udaipur.
18.      Bhagwati Lal Pandya S/o Rodi Ram Panyiya, Aged About
         51 Years, R/o Gogla, Po Jhadol (P) Udaipur, Presently
         Posted At Posted At Government Upper Primary School,


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         Sultan Ji, Kakhekhada, Dist. Udaipur.
                                                                   ----Petitioners
                                      Versus
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.      Deputy Director, Education Department, Rajsamand.
13.      Joint Director, Education Department, Rajsamand.
14.      Divisional Sanskrit Education Officer, Udaipur Division,
         Udaipur.
15.      District Education Officer, Secondary Education, Udaipur.
16.      District Education Officer, Elementary Education, Udaipur.
17.      Divisional Sanskrit Education Officer, Udaipur Division,
         Udaipur.
18.      District     Education         Officer,        Secondary        Education,
         Pratapgarh.
19.      District     Education         Officer,       Elementary        Education,
         Pratapgarh.
20.      Divisional Sanskrit Education Officer, Udaipur Division,
         Salumber.
21.      District Education Officer, Secondary Education, Salumber.
22.      District     Education         Officer,       Elementary        Education,
         Salumber.

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23.      Divisional Sanskrit Education Officer, Udaipur Division,
         Rajsamand.
24.      District      Education          Officer,       Secondary            Education,
         Rajasmand.
25.      Distrit      Education          Officer,      Elementary,            Education,
         Rajsamand.
                                                                     ----Respondents


For Petitioner(s)              :     Ms. Anjali Gehlot
                                     Ms. Deepika Soni



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

08/07/2025

1. Learned counsel for the petitioners submits that the

controversy involved in the present case is squarely covered by

judgment rendered by Co-ordinate Bench of this Court in S.B.

Civil Writ Petition No.3534/2009 Yogesh Kumar Pareek vs.

The State of Rajasthan & Ors. decided on 20.01.2014 in the

following terms:

"Petitioner is aggrieved by denial of salary of summer vacation and shifting of date of increment and other benefits.

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.

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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 31st December. No justification is given by the respondents 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.