Citation : 2025 Latest Caselaw 614 Raj
Judgement Date : 8 May, 2025
[2025:RJ-JD:22090]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9182/2025
1. Indu Bala D/o Chiman Lal W/o Kailash Sharma, Aged
About 49 Years, R/o Kheme Ka Kua, Pal Road, 36
Subhash Nagar Second Ved Ji Ka Bera, Jodhpur,
Rajasthan
2. Gopal Singh S/o Bhanwar Singh, Aged About 49 Years, R/
o Kaniwada, Jalore Rajasthan.
3. Ailchi Bai Bishnoi D/o Madrupa Ram Bishnoi W/o Bhera
Ram Vishnoi, Aged About 48 Years, R/o Gayatri Nagar,
I.n.t. Lachadi, Sanchore, Rajasthan.
4. Ladu Ram Vishnoi S/o Jaga Ram Vishnoi, Aged About 54
Years, R/o Bediya Ka Goliya Malwara, Po Parawa, District
Jalore Rajasthan.
5. Gulaba Ram Rathore S/o Sawa Ram Rathore, Aged About
50 Years, R/o Dheengpura, Jalore, Rajasthan.
6. Devpal S/o Ramdan, Aged About 49 Years, R/o Charno Ka
Was, Narpada, Sarat, Jalore.
7. Harji Ram S/o Gala Ram, Aged About 50 Years, R/o
Meghawalo Ka Was, Sarat, Jalore, Rajasthan.
8. Smt. Umesh D/o Bhagirath Mal W/o Anil Kumar, Aged
About 48 Years, R/o Ward No. 3 Kuharwas, Jhunjhunun
Rajasthan.
9. Durga Ramawat D/o Satya Prakash Ramawat W/o Suresh
Vaishnav, Aged About 47 Years, R/o 368 Behind Esi
Hospital, Farsi Colony, Beawar, Ajmer, Rajasthan.
10. Ota Ram Dahiya S/o Rawta Ram, Aged About 51 Years,
R/o 300, Sargaron Ka Vas Indra Colony, Modra, Jalore,
Rajasthan.
11. Chetan Kumar Bishnoi S/o Teja Ram Bishnoi, Aged About
46 Years, R/o Digaon, Jalore, Rajasthan.
12. Ramesh Kumar S/o Padma Ram, Aged About 50 Years, R/
o Head Post Office Road Jalore, Rajasthan.
13. Chandan Singh S/o Ruganath Singh, Aged About 49
Years, R/o Sejlawa Bera, Basan, Jalore.
14. Rajendra Parmar S/o Suresh Chandra Parmar, Aged About
49 Years, R/o 81K, Shanti Nagar, B Block, Jalore
Rajasthan.
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15. Amrit Lal Joshi S/o Hari Ram, Aged About 48 Years, R/o
Balera, Chitalwana, District Jalore, Rajasthan.
16. Hanja Ram Meghwal S/o Rupa Ram, Aged About 52 Years,
R/o Meghwalo Ki Basti, Shivpura, Jalore, Rajasthan.
17. Poonam Chand S/o Haringa Ram, Aged About 47 Years,
R/o Jogau, Jalore, Rajasthan.
18. Mangilal Bishnoi S/o Bhagirath Ram Bishnoi, Aged About
48 Years, R/o Keravi, Pur, Jalore, Rajasthan.
19. Narna Ram Pareek S/o Rasinga Ram, Aged About 49
Years, R/o Naldhara, Jalore, Sarwana, Rajasthan.
20. Poonma Ram Vishnoi S/o Thakra Ram Vishnoi, Aged
About 48 Years, R/o Maliyon Ka Goliya, Bhadruna, Jalore
Rajasthan.
21. Paras Mal Parmar S/o Jama Rma, Aged About 49 Years,
R/o Meghvalo Ka Vas, Jajusan, Sanchore, Jalore, Hadetar
Rajasthan.
22. Champa Lal Dhorawat S/o Jerupa Ram Dhorawat, Aged
About 50 Years, R/o Chitalwana, Jalore, Rajasthan.
23. Bhoopa Ram S/o Virma Ram, Aged About 47 Years, R/o
Meghvalo Ki Dhani, Bijrol Goliya, Jalore, Rajasthan.
24. Shakuntala D/o Shysm Singh W/o Ajay Solanki, Aged
About 49 Years, R/o Purbiyon Ka Bas, Krishna Chowk
Ummed Chowk, Jodhpur Rajasthan.
25. Bhagyawanti D/o Paka Ram Solanki W/o Narendra Kumar
Parmar, Aged About 49 Years, R/o Rajendra Nagar Jalore,
Rajasthan.
26. Rajshree Thakur D/o Ganpat Lal W/o Hemprakash, Aged
About 48 Years, R/o Near Vivekanand Senior Secondary
School, Near Purohit Hostel, Rajendra Nagar, Jalore,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Secretariate, Jaipur.
2. The Director, Primary Education, Bikaner, Rajasthan.
3. The Director, Secondary Education, Bikaner, Rajasthan.
4. District Education Officer, Elementary Education, Jalore.
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5. District Education Officer, Secondary Education, Jalore.
6. The Chief Executive Officer, Zila Parishad, Jalore.
----Respondents
For Petitioner(s) : Mr. Jaswant Gujjar.
HON'BLE MS. JUSTICE REKHA BORANA
Order
08/05/2025
1. Learned counsel for the petitioners submits that the
controversy in question rests covered by the judgment passed by
a Co-ordinate Bench of this Court at Jaipur in S.B. Civil Writ
Petition No.7283/2014: Manoj Khandelwal & Ors. Vs. State
of Rajasthan & Ors. (decided on 16.07.2014). He submits that
the petitioners would be satisfied if the respondents are directed
to decide the representation of the petitioners in light of the
aforesaid judgment.
2. In Manoj Khandelwal's case (supra), it was observed and
held as under:
"Having regard to the facts of the case, writ petition
is disposed of requiring the petitioners to make a
representation to respondent no.2-Director, Secondary
Education, Bikaner, alongwith a copy of this order, who
shall, after verifying the facts stated above, consider and
decide the same by a speaking order within a period of
three months from the date of its making, addressing the
grievance of the petitioners for extending them the relief
as prayed for, as the candidates, who stood lower in
merit, are getting benefit of higher pay, seniority, annual
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grade increments and other service benefits including the
selection scales. If the respondent no.2 decides to place
the petitioners above in seniority than the candidates
who stood lower in merit, then the petitioners would be
entitled to all benefits of seniority but they would be
entitled only to notional benefits."
3. In view of the submission made, the present writ petition is
disposed of with a direction to the competent
authority/respondents to decide the representation of the
petitioner if filed within a period of fifteen days from now. The
representation be decided within a period of six weeks thereafter
in accordance with law and keeping in view the observations made
in the case of Manoj Khandelwal (supra).
4. It is made clear that aforesaid direction to decide the
representation has been issued only with a view to ensure
expeditious redressal of petitioners' grievance.
5. The order has been passed based on the submissions made
in the petition and by learned counsel for the petitioners before
this Court. The respondents would be free to examine the veracity
of the submissions made in the petition and only in case, the
averments made therein are found to be correct, appropriate
orders would be passed in favour of the petitioners.
6. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J 4-KashishS/-
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