Rajasthan High Court - Jodhpur
Rajendra Kumar Sharma vs State Of Rajasthan (2025:Rj-Jd:46116) on 17 October, 2025
[2025:RJ-JD:46116]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16528/2025
1. Rajendra Kumar Sharma S/o Janki Lal Sharma, Aged
About 58 Years, R/o V 28/14 Vrindawan Nagar, Near
Bohara Ganesh Tample Udaipur (Rajasthan) Presently
Posted At Government Senior Secondary School, Gotipa
(Vallabh Nagar) Dist. Udaipur.
2. Hari Singh S/o Mehtab Singh, Aged About 57 Years,
R/o 19, A.N. Bherway Nagar, Bedwas, Debari, Udaipur, At
Present Government Senior Secondary School, Bhoiyo Ki
Pancholi, Girva, Udaipur.
3. Dhuli Vaishnav W/o Kishan Das, Aged About 57 Years,
R/o S-2-328 R.H.B. Sector 14, Girva, Udaipur, Presently
Posted At Government Kasturba Girls Senior Secondary
School, Nanigali, Dist. Udaipur.
4. Suresh Kumar Jain S/o Shanti Lal Jain, Aged About 59
Years, R/o 66, Roopnagar B.s.n.l. Office, Sec. No.3,
Manwa Khera (Rural), Udaipur, Hiran Magari, Udaipur,
Presently Posted At Government Senior Secondary School
Vjay Bawdi, Gogunda, Udaipur.
5. Banshi Lal Garasiya S/o Hamji, Aged About 51 Years,
R/o Gadavan, Sagwara, Kherwara, Udaipur Udaipur
(Rajasthan) Presently Posted At Government Senior
Secondary School, Parvila, Tehsil Kherwada Dist. Udaipur.
6. Mukhtiyar Khan Makrani S/o Adam Khan Makrani, Aged
About 51 Years, R/o Gujarvada, Jawas, Udaipur, Presently
Posted At Posted At Government Senior Secondary
School, Jawas, Kherwada, Dist. Udaipur.
7. Narayan Lal Patel S/o Heera Lal Patel, Aged About 55
Years, R/o Dabara Fala, Karchha Kalan, Udaipur, Presently
Posted At Government Senior Secondary School Jawas
Jhadol, Udaipur.
8. Kachroo Lal Patel S/o Teji Lal Patel, Aged About 62 Years,
R/o Patel Mohall Dagar Udaipur, Presently Retired From
Service.
9. Mahesh Kumar Jain S/o Ratanlal, Aged About 55 Years,
R/o 281, Baroda, Udaipur, Rajasthan. Presently Posted At
Government Senior Secondary School, Entali Goan
(Semari), Dist. Salumber (Raj.).
10. Hemant Singh Jasawat S/o Ragunath Singh Jasawat,
Aged About 50 Years, R/o Dholimangari, Bhariya, Udaipur,
Presently Posted At Mahatma Gandhi, English Medium,
School, Ajbara, Panchayat Jaisamand, Salumbar, Dist.
Udaipur.
11. Rehana Khan W/o Ahmad Khan, Aged About 53 Years,
R/o 119. Gandhinagar, Pahada, Girva, Udaipur, Presently
Posted At Posted At Government Senior Secondary
School, Ganeshghati, Dist. Udaipur.
12. Leeladhar Vyas W/o Hari Shankar Vyas, Aged About 61
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Years, R/o Bharhmano Ka Kherwada, Udaipur. Presently
Posted At Government Senior Secondary School Talai
Retire, Udaipur.
13. Tulsi Ram Mehta S/o Nanu Ram Mehta, Aged About 55
Years, R/o Runaaw. Post Baroda, Salumbar, Presently
Posted At Govt. Sen. Sec. School Baroda Dist.salumbar.
14. Umesh Kumar Swami S/o Rangi Lal Swami, Aged About
50 Years, Resident Of Swamiyo Ki Dhani, Chanana, Po
Chadawa Dist. Jhunjhunu. Presently Posted At
Government Senior Secondary School Ranwa. Tehsil
Khetari, Dist. Jhunjhunu (Raj.)333504
15. Narendra Singh Shaktawat S/o Man Singh Shaktawat,
Aged About 56 Years, Thakur Ka Mohhala, Naradhri,
Bhadsora, Bhadsaura Dist. Chittorgarh (Raj.), Presently
Posted At Government Senior Secondary School. Kannoj
(Chhitorgarh).
16. Kanti Lal Patel S/o Gota Ji Patel, Aged About 55 Years,
R/o 16 Pakaravada, Mahida Nayagaon, Udaipur
(Rajasthan) Presently Posted At Government Senior
Secondary School, Saklal, Block Nayagaon) Dist. Udaipur.
17. Dhanraj Garasiya S/o Ram Singh, Aged About 57 Years,
R/o Aalala Bhanda, Udaipur, Presently Posted At
Government Senior Secondary School. Dabayacha P.s.
Naya Gaon. Udaipur.
18. Dinesh Chandra Somani S/o Paras Ram, Aged About 58
Years, R/o 56, New Shiv Nagar, Hiran Magri (Nokha),
Ward 28, Sector-4, Teh- Girwa, Manwa Khera (Rural)
Udaipur, Presently Posted At Government Senior
Secondary School, Gadoli, Mavli Dist. Udaipur.
19. Sangita Sharma W/o Mahesh Pujari, Aged About 54
Years, R/o 817, Jyoti Complex Ke Piche, 22. Mahaveer
Nagar, Udaipur Road Mavli, Po Mavli Jn., Udaipur,
Presently Posted At Government Senior Secondary
School, Gadoli, Mavli Dist. Udaipur.
20. Bagdi Lal S/o Shankar Singh Meena, Aged About 55
Years, R/o Ward No.4 Talav Kanore Presently Posted At
Government Senior Secondary School, Tatakiya, Lasadiya,
Salumbar Dist.salumbar.
21. Val Chand Patel S/o Dali Chand Patel, Aged About 51
Years, R/o Hanuman Mandir Ke Paas. Utharda, Bambora,
Udaipur, Presently Posted At Govt. Senior Seconday
School (Pti), Vallabh, Kurabad, Udaipur.
22. Narayan Lal Bunker S/o Rupa Bunker, Aged About 58
Years, R/o Salvi Mohalla, Seriya, Po Sena, District
Udaipur., Presently Posted At Government Upper Primary
School, Mahadev Kheda (Bassi), Dist. Salumbar.
23. Ramesh Chandra Sharma S/o Amba Lal, Aged About 56
Years, R/o Hanuman Mandir Ki Gali, Old Bus Stand Ke
Piche, Mavli, Udaipur, Rajasthan, Presently Posted At
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Government Senior Secondary School Thamla, Mavli,
Udaipur.
24. Lokendra Singh Chundawat S/o Tej Singh Chundawat,
Aged About 50 Years, R/o Paneriyon Ki Madri, Shastri
Circle, Girva, District Udaipur Udaipur, Presently Posted At
Government Senior Secondary School. Jogitalab, Dist.
Udaipur.
25. Aruna Chhajer W/o Hemant Kumar Chhajer, Aged About
53 Years, R/o 673. Gayatrinagar, Sector-5, Manva Kheda
(Rural) Udaipur. At Present Retire.
26. Laxmi Lal Joshi S/o Bhagwati Lal Joshi, Aged About 51
Years, R/o Vtc Magwas, Po, Damana, Sub District Jhadol,
District Udaipur Udaipur, Presently Posted At Government
Senior Secondary School, Damana. Dist. Udaipur.
27. Rajendra Kaumar Jain S/o Mangi Lal Jain, Aged About 55
Years, R/o Khuma Ji, Bandoli, Udaipur. At Present
Government Senior Secondary School, Damana (m.).
Dist. Udaipur.
28. Mahendra Singh Rav S/o Pyar Singh Rav, Aged About 51
Years, R/o 0,11, V & P Boyna, Tehsil Mavli, Dist. Udaipur,
At Present Dhasa Mavli, Udaipur.
29. Goutam Lal Meena S/o Narji Meena, Aged About 54 Years,
R/o Melana Tehsil Sarada Udaipur. At Present Government
Senior Secondary School, Nathara Salumbar, Udaipur.
30. Mahesh Jingar S/o Kishan Lal Jingar, Aged About 55
Years, R/o Jain Sahb Ki Badi Savina Udaipur Peresently
Posted At Master Kishan Lal Govt. Sen Sec. School
Ambamata Udaipur.
31. Nand Kishore Dev S/o Shri Chhote Lal, Aged About 56
Years, R/o Trimurti Complex Manwa Kheda Road
H.M.Sec.4 Udaipur Peresently Posted At PM Shri
Govt.sen.sec. School Kaya Girwa Udaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
School Education, Government Secretariat Building,
Jaipur.
2. State Of Rajasthan, Through Its Secretary, Department Of
Sanskrit Education, Government Secretariat Building,
Jaipur.
3. Department Of Finance, Through Secretary Finance,
Government Secretariat Building, Jaipur.
4. Director, Secondary Education, Bikaner.
5. Director, Elementary Education, Bikaner.
6. Deputy Director, Education Department, Udaipur.
7. Joint Director, Education Department, Udaipur.
8. Deputy Director, Education Department, Salumber.
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9. Joint Director, Education Department, Salumber.
10. Deputy Director, Education Department, Chittorgarh.
11. Joint Director, Education Department, Chittorgarh.
12. Deputy Director, Education Department, Jhunjhunu.
13. Joint Director, Education Department, Jhunjhunu.
14. Divisional Sanskrit Education Officer, Udaipur Division,
Udaipur.
15. District Education Officer, Secondary Education, Udaipur.
16. District Education Officer, Elementary Education, Udaipur.
17. Divisional Sanskrit Education Officer, Udaipur Division,
Salumber.
18. District Education Officer, Secondary Education, Salumber.
19. District Education Officer, Elementary Education,
Salumber.
20. Divisional Sanskrit Education Officer, Udaipur Division,
Chittorgarh.
21. District Education Officer, Secondary Education,
Chittorgarh.
22. District Education Officer, Elementary Education,
Chittorgarh.
23. Divisional Sanskrit Education Officer, Udaipur Division,
Jhunjhunu.
24. District Education Officer, Secondary Education,
Jhunjhunu.
25. District Education Officer, Elementary Education,
Jhunjhunu.
----Respondents
For Petitioner(s) : Mr. Rajendra Kumar Sharma
Ms. Deepika Soni
Ms. Anjali Gehlot
For Respondent(s) : Mr. Samarjeet Singh for
Mr. Kamlesh Sharma, AGC
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
17/10/2025
1. Learned counsel appearing on behalf of the parties jointly
submits that the subject matter in the present writ petition is
squarely covered by the order passed by the Co-ordinate Bench of
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this Court on 08.07.2025 in S.B. Civil Writ Petition
No.12576/2025 titled as 'Aruna Shekhawat & Ors. Vs. State
of Rajasthan & Ors.'.
2. The aforesaid order dated 08.07.2025 reads as follows:
"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 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
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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 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."
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3. Accordingly, the present writ petition is disposed of in same
terms as in Aruna Shekhawat & Ors. (supra).
4. All the pending applications, if any, shall stand disposed of.
(MUNNURI LAXMAN),J
310s-PoonamS/-
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