Rajasthan High Court - Jodhpur
Ramchandra vs The State Of Rajasthan ... on 17 March, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:14026]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 38/2025
Ramchandra S/o Asha Ram, Aged About 49 Years, Keriya Rawan,
P/o Siresana, District Nagaur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Education
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. Director, Secondary Education Department, Rajasthan,
Bikaner.
3. District Education Officer (Hq), Secondary Education
Department, District Nagaur.
----Respondents
For Petitioner(s) : Mr. Kamal Kishore Bissa
For Respondent(s) : Mr. N.K. Mehta
JUSTICE DINESH MEHTA
Order
17/03/2025
1. The present writ petition has been preferred for the following
reliefs:-
"(i) By an appropriate writ, order or direction,
the respondents may be directed to provide
annual grade increments to the petitioner in
terms of the statutory provisions and circulars on
notional basis counting his services from
31.05.2004 and actual benefits from February,
2017.
(ii) By an appropriate writ, order or direction,
respondents may also be directed to count the
services of the petitioner from 2004 for the
purpose of A.C.P. and release all benefits in the
form of arrears alongwith 18% interest rate.
[2025:RJ-JD:14026] (2 of 3) [CW-38/2025]
(iii) By an appropriate writ, order or direction,
the respondents may be directed to pay all the
services benefits of the petitioner."
2. Mr. Bissa, learned counsel for the petitioner submitted that
the issue involved in the present writ petition is squarely covered
by the judgment dated 04.04.2019 passed by this Court in a
bunch of writ petitions led by S.B. Civil Writ Petition
No.10333/2017 : Mohhamad Umer Rangrej Vs. State of
Rajasthan & Ors.
3. Inviting Court's attention towards the judgment dated
04.04.2019 passed in the case of Mohhamad Umer Rangrej
(supra) and the circular dated 02.06.2020, Mr. Bissa, learned
counsel for the petitioner contended that petitioner's services is
required to be taken notionally from the date of his appointment
order i.e. 31.05.2004 and is entitled for actual monetary benefits
when he has submitted certificate of RS-CIT course in the month
of February, 2017.
4. Mr. Mehta, learned counsel for the respondent - State
submits that simply because the order of appointment does not
contain a condition for clearing the typing test, the petitioner
cannot avoid the condition mentioned in the Rajasthan
Compassionate Appointment of Dependents of Deceased
Government Servants Rules, 1996 (hereinafter referred to as
'Rules of 1996') which in no ambiguous terms provides that a
candidate has to acquire the eligibility and educational
qualification as required for the post he is appointed.
5. Learned counsel argued that since the petitioner had
acquired RS-CIT certificate in the month of February, 2017, he is
[2025:RJ-JD:14026] (3 of 3) [CW-38/2025]
entitled to all the benefits, including the benefits of annual grade
increments.
6. Heard learned counsel for the parties and perused the
record.
7. According to this Court, simply because the appointment
order does not contain a condition of clearing typing test which
was the qualification prevailing when the petitioner was given
appointment under the Rules of 1996, the petitioner cannot claim
immunity from fulfilling such requirement - he has to acquire the
basic qualification and Typing proficiency which is sine-qua-non for
the appointment. But at the same time, since he had acquired the
RS-CIT certificate in the month of February, 2017, he cannot be
denied the benefit under condition No.6 of the circular dated
02.06.2020, which provides that an employee appointed under the
Rules of 1996 shall be given notional increments until he clears
typing test or acquires RS-CIT certificate.
8. The present writ petition is, therefore, allowed as per clause
No.(i) of the prayer.
9. The respondents are directed to consider petitioner's
appointment notionally from the date of his initial appointment i.e.
31.05.2004 and grant him the annual grade increments notionally
up to February, 2017, whereafter he shall be entitled to actual
benefits of increments in terms of the circular dated 02.06.2020
and other relevant circulars from time to time.
10. The stay application also stands disposed of, accordingly.
(DINESH MEHTA),J
6-akansha/-
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