Sarla Kanawat vs The State Of Rajasthan ...
2025 Latest Caselaw 12986 Raj

Rajasthan High Court - Jodhpur

Sarla Kanawat vs The State Of Rajasthan ... on 10 September, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:40211]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 17544/2025

Sarla Kanawat D/o Shri Govind Singh Kanawat, Aged About 38
Years, F-176, Subhash Nagar, Rajput Colony, Bhilwara. (Raj.)
                                                                         ----Petitioner
                                         Versus
1.       The State Of Rajasthan, Through The Secretary,
         Department Of Education, Government Of Rajasthan,
         Jaipur, Rajasthan.
2.       The Director, Secondary                 Education,          Bikaner,    District
         Bikaner, Rajasthan.
3.       The Joint Director, School Education, Udiapur Division
         District Udaipur, Rajasthan.
                                                                      ----Respondents


For Petitioner(s)              :    Mr. O.P. Sangwa


               HON'BLE DR. JUSTICE NUPUR BHATI

Order 10/09/2025

1. Learned counsel for the petitioner 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 petitioner would be satisfied if the respondents are directed to

decide the representation of the petitioner 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, 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

(Uploaded on 10/09/2025 at 05:33:44 PM)

[2025:RJ-JD:40211] (2 of 2) [CW-17544/2025]

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 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. The order has been passed based on the submissions made

in the petition and by learned counsel for the petitioner 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 petitioner.

5. It is made clear that aforesaid direction to decide there

presentation has been issued only with a view to ensure

expeditious redressal of petitioner's grievance. The same may not

be construed to be an order to decide the representation in a

particular manner.

6. Stay petition and pending applications, if any, stand disposed

of.

(DR. NUPUR BHATI),J

344-/Devesh/-

(Uploaded on 10/09/2025 at 05:33:44 PM)

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