Rajasthan High Court - Jodhpur
Shravan Kumar vs The State Of Rajasthan ... on 22 May, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:24936]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10240/2025
Shravan Kumar S/o Asha Ram, Aged About 43 Years, Resident Of
Maliyo Ka Bas, Kumbhara, Radod, Bhopalgarh, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary,
Department Of Education, Government Secretariat,
Jaipur, Rajasthan.
2. The Director, Secondary Education, Bikaner, Rajasthan.
3. The District Education Officer, (Secondary-First), Nagaur.
----Respondents
For Petitioner(s) : Mr. Mahaveer Bhanwariya.
For Respondent(s) : Mr. N. K. Mehta, Dy. G.C.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
22/05/2025
1. The present writ petition has been preferred for the following
reliefs:-
"(I) the action of the respondents while not extending the
service benefits to the petitioner including the annual
grade increment, etc. despite possessing the RS-CIT
qualification may kindly be declared contrary to
objective enshrined under the Rajasthan
Compassionate Appointment of Dependents of
Deceased Government Servant Rules, 1996 and
concept of doctrine of welfare state and further be
violative to Article 21 of the Constitution of India;
and/or
(ii) the respondents may kindly be directed to provide
annual grade increments to the petitioner in terms of
the statutory provisions and circulars on actual basis
[2025:RJ-JD:24936] (2 of 4) [CW-10240/2025]
counting his services from the date of joining i.e. on
13.01.2011; and/or
(iii) the respondents may kindly be directed to count the
services of the petitioner from 13.01.2011 and release
all benefits in the form of arrear along with interest @
18% per annum til the actual benefits are granted to
the petitioner.
(iv) the respondents may kindly be directed to extend all
service benefits to the petitioner such as seniority,
notional benefits, promotion etc."
2. Mr. Bhanwariya, 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. Bhanwariya, 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. 29.12.2010 and is entitled for actual monetary benefits
when he has submitted certificate of RS-CIT course in the month
of 15.11.2011.
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
[2025:RJ-JD:24936] (3 of 4) [CW-10240/2025]
'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 15.11.2011, he is
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 on 15.11.2011, 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.(ii) of the prayer.
9. The respondents are directed to consider petitioner's
appointment notionally from the date of his initial appointment i.e.
29.12.2010 and grant him the annual grade increments notionally
up to 15.11.2011, where after he shall be entitled to actual
[2025:RJ-JD:24936] (4 of 4) [CW-10240/2025]
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.
(VINIT KUMAR MATHUR),J
256-Shahenshah/-
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