Rajasthan High Court - Jodhpur
Narendar Kumar Verma vs State Of Rajasthan (2025:Rj-Jd:49566) on 17 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:49566]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17293/2025
Narendar Kumar Verma S/o Shri Gyarilal Bunkar, Aged About 42
Years, R/o Village And Post Pithalpur, Tehsil Shri Madhopur
District Sikar, Rajasthan. Presently Posted As School Lecturer
Geography.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. ML Deora
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/11/2025
1. Learned counsel for the petitioners submits that the subject
matter in the present writ petition is squarely covered by the
order passed by the Co-ordinate Bench of this Court on13.11.2019
in S.B. Civil Writ Petition No. 16879/2019 titled as 'Jetha
Ram Vs. State of Rajasthan & Ors.'.
2. The relevant part of the aforesaid order dated 13.11.2019
reads as follows:
"This writ petition has been filed by petitioner
seeking relief as indicated in the writ petition. It is
submitted by learned counsel for the petitioner that the
issue raised in the present writ petition is squarely
covered by judgment of this Court in Manoj Khandelwal
& Ors. v. State of Rajasthan & Ors.: S.B.C.W.P. No.
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7283/2014, decided on 16.07.2014 at Jaipur Bench and
the said judgment has been followed in Krishan Lal &
Ors. v. The State of Rajasthan & Ors. : S.B.C.W.P.
No.19179/2017, decided on 30.10.2017 at Jaipur
Bench, and therefore, the petitioner is also entitled to
the same relief as granted in the case of Manoj
Khandelwal (supra) and Krishan Lal (supra).
In view of the submissions made, the writ petition
filed by the petitioner is disposed of with the similar
directions as given in the case of Manoj Khandelwal
(supra), which read as under:- "This Court in Suman
Bai and Another Vs. State and Others - 2009 (1) WLC
(Raj.) 381, held that candidates in lower order of merit
cannot be come entitled merely because they had
approached court earlier. Petitioners had a fresh cause
of action for approaching in such situation and their
writ petition not barred either as res judicata or as
being him in properly constituted. This directed the
respondents to treat petitioners senior to respondents,
who were in lower order of merit.
It is further contended in the writ petition that in
the matter of School Lecturers (English) in the same
Department, where appointments were delayed
because of the fault of the State authorities, the
candidates were accorded appointment from the date
the candidates stood lower in merit were appointed and
they have been granted all consequential benefits of
services.
The petitioners approached the respondents
byway of representations for extending them same
benefits of service which have been granted to the
candidates who stood lower in merit than the
petitioners, but till date nothing has been done. Hence,
this writ petition on behalf of the petitioners for a
direction to the respondents to treat their appointment
from the date the candidates lower in merit, were
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given, with all consequential benefits of service, such
as seniority, continuity of service, pay fixation, grant of
annual grade increments.
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, along with 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 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 been titled only to notional benefits."
3. In view of the above, the present writ petition is disposed
with liberty to the petitioner to file a representation to the
competent authorities of the department and the competent
authorities of the department are directed to decide the same
within a period of four weeks from the date of receipt of such
representation; and if the case of the petitioner falls within the
purview of the law laid down by this Court in the case of Jetha
Ram (supra); the same shall be decided in terms of the
judgment above
4. The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case
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the averments made therein are found to be correct, the petitioner
would be entitled to the relief sought.
5. All the pending applications, if any, shall stand disposed of.
(FARJAND ALI),J
69-divya/-
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