Rajasthan High Court - Jodhpur
Kailash Chand vs State Of Rajasthan (2025:Rj-Jd:23475) on 15 May, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:23475]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9707/2025
1. Kailash Chand S/o Shri Rameshwar Lal Sharma, Aged
About 49 Years, Resident Of Meharana, Tehsil Degana,
District Nagaur.
2. Bodoo Ram Meghwal S/o Shri Kalu Ram, Aged About 51
Years, Resident Of Village Palri Kallan, Tehsil Degana,
District Nagaur.
3. Onkar Singh Khiriya S/o Shri Bhanwar Dan Khiriya, Aged
About 51 Years, Resident Of Village Charanwas, Post,
Bajoli, Tehsil Degana, District Nagaur.
4. Ramniwas Bajiya S/o Shri Suraj Karan, Aged About 58
Years, Resident Of Village Bagot, Tehsil Parbatsar, District
Didwana- Kuchaman.
5. Vasu Dev Khiriya S/o Shri Onkar Dan Khiriya, Aged About
61 Years, Resident Of Village Raliyawata Post Rajlota,
Tehsil Degana District Nagaur.
6. Saroj W/o Shri Gugan Singh, Aged About 55 Years,
Residnet Of Chandra Pura, District Jhunjhunu.
7. Megha Ram S/o Shri Govind Ram Jat, Aged About 49
Years, Resident Of Jawla, Tehsil Parbatsar, District
Didwana- Kuchaman.
8. Asha Ram S/o Shri Bhiya Ram, Aged About 55 Years,
Resident Of Gordi Chancha, Tehsil Degana, District
Nagaur.
9. Bhinya Ram Dogiwal S/o Shri Shree Ram Dogiwal, Aged
About 59 Years, Resident Of Vpo, Kurada, Tehsil
Parbatsar, District Didwana- Kuchaman.
10. Birma Ram S/o Shri Sooja Ram, Aged About 58 Years,
Resident Of Jawla, Tehsil Parbatsar, District Didwana-
Kuchaman.
11. Ashok Kumar S/o Shri Jaswant Purohit, Aged About 61
Years, Resident Of Vpo Jawla Tehsil Parbatsar District
Didwana- Kuchaman.
12. Chaina Ram S/o Shri Gokul Ram, Aged About 59 Years,
Resident Of Vpo Jawla, Tehsil Parbatsar, District Didwana-
Kuchaman.
----Petitioners
Versus
1. State Of Rajasthan, Through Department Of School
Education, Government Of, Secretariat Building, Jaipur.
2. Department Of Finance, Through Secretary Finance,
Secretariat Building, Jaipur.
3. Director, Secondary Education, Bikaner.
4. Director, Elementary Education, Bikaner.
5. Chief District Education Officer, Nagaur.
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[2025:RJ-JD:23475] (2 of 4) [CW-9707/2025]
6. Chief District Education Officer, Jhunjhunu.
7. Chief District Education Officer, Didwana- Kuchaman.
8. District Education Officer, Secondary Education, Nagaur.
9. District Education Officer, Secondary Education,
Jhunjhunu.
10. District Education Officer, Secondary Education, Didwana-
Kuchaman.
11. District Education Officer, Elementary Education, Nagaur.
12. District Education Officer, Elementary Education,
Jhunjhunu.
13. District Education Officer, Elementary Education,
Didwana- Kuchaman.
----Respondents
For Petitioner(s) : Ms. Apurva Raj Mathur
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
15/05/2025
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
[2025:RJ-JD:23475] (3 of 4) [CW-9707/2025]
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 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.
This also disposes of stay application."
2. Learned counsel for the petitioners prays that the petitioners
may be permitted to file an appropriate representation in light of
the judgment rendered by this Court in the case of Yogesh
Kumar Pareek (Supra) for redressal of their grievances.
3. In view of the submission made, the present writ petition is
disposed of with liberty to the petitioners to file an appropriate
representation for redressal of their grievances before the
respondents, and the respondents are directed to decide the same
within a period of six weeks from the date of receipt of such
[2025:RJ-JD:23475] (4 of 4) [CW-9707/2025]
representation, strictly in accordance with law, keeping in mind
the directions issued by this Court in the case of Yogesh Kumar
Pareek (Supra).
4. It is made clear that the respondents will be at liberty to
examine the representation so filed by the petitioners
independently, and if the case of the petitioners is squarely
covered by the judgment rendered in the case of Yogesh Kumar
Pareek (Supra), the same benefit shall be extended; otherwise
the respondents will be free to examine the case of the petitioners
on its own merits and pass a speaking order.
(VINIT KUMAR MATHUR),J
23-SunilS/-
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