[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Sunil Choudhary vs State Of Rajasthan (2026:Rj-Jd:15158) on 2 April, 2026
Author: Nupur Bhati
Bench: Nupur Bhati
[2026:RJ-JD:15158]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7450/2026
1. Sunil Choudhary S/o Ram Niwas Choudhary, Aged About
36 Years, R/o Bhirdo Ka Bass, Bhagshni, Tehsil Bilara,
District Jodhpur, Rajasthan.
2. Mohd. Hanif S/o Liyakat Ali Khan, Aged About 38 Years,
R/o Vpo Gangiyasar, Tehsil Bissau, District Jhunjhunu,
Rajasthan.
3. Shreeram Yadav S/o Jagdish Prasad Yadav, Aged About
45 Years, R/o Village Amarpura, Tehsil Shahpura, District
Jaipur, Rajasthan.
4. Deepak Parashar, Aged About 41 Years, R/o Nainwa Road,
Gate No. 3, Indra Colony, Gurukul School Ke Pass, Bundi,
Rajasthan.
5. Vijay Singh Bhinda S/o Bhairun Lal Jat, Aged About 36
Years, R/o Vpo Itawa Bhopji, Chomu, District Jaipur,
Rajasthan.
6. Pradeep Kumar S/o Prahlad Singh, Aged About 40 Years,
R/o Village Mukha Ka Bass, Post Bhuda Ka Bass, District
Jhunjhunu, Rajasthan.
7. Shiv Charan Meena S/o Ramhet Meena, Aged About 40
Years, R/o Vpo Galad Kalan, Tehsil Bonli, District
Sawaimadhopur, Rajasthan.
8. Krishan Kumar Nimoriya S/o Niranjan Lal Nimoriya, Aged
About 34 Years, R/o 34, New Colony, Manoharpura,
Jagatpura, Jaipur, Rajasthan.
9. Ashok Sharma S/o Gopal Lal Sharma, Aged About 36
Years, R/o 32-A, Dev Vihar Colony, Near Gurukul School,
Prem Nagar, Agra Road, Jaipur, Rajasthan.
10. Ganesh Chand Gupta S/o Pooran Mal Gupta, Aged About
41 Years, R/o P. No. 135, Ganesh Vihar Colony, Near
Laxmi Bhatta, Agra Road, Jaipur, Rajasthan.
11. Arvind Kumar Purohit S/o Ramnarayan Purohit, Aged
About 36 Years, R/o Vpo Devariya, Tehsil Phuliya Kalan,
District Bhilwara, Rajasthan.
12. Sushil Kumar Dadhich S/o Radheshyam Dadhich, Aged
About 41 Years, R/o Vpo Kochhor, District Sikar,
Rajasthan.
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13. Pankaj Kumar Tailor S/o Rajkumar Tailor, Aged About 34
Years, R/o Singhana, Tehsil Buhana, District Jhunjhunu,
Rajasthan.
14. Ram Kishor S/o Nihal Singh, Aged About 40 Years, R/o
Vpo Bareja Bagren, Tehsil Bayana, District Bharatpur,
Rajasthan.
15. Rajendra Kumar Sukhwal S/o Ladu Lal Sukhwal, Aged
About 41 Years, R/o Vpo Brahmano Ki Sareri, Tehsil
Asind, District Bhilwara, Rajasthan.
16. Savitri Yadav D/o Madan Lal Yadav, Aged About 35 Years,
R/o Village Anantpura, Post Dholasari, Tehsil
Dantaramgarh, District Sikar, Rajasthan.
17. Prabhu Dan Bareth S/o Ram Singh Bareth, Aged About 48
Years, R/o Village Bhojasar Chhota, Post Bhojasar Bara,
Tehsil Laxmangarh, District Sikar, Rajasthan.
18. Mangi Lal Saini S/o Ram Lal Saini, Aged About 41 Years,
R/o Hira Mali Ki Dhani, Devi Ka Nagar, Road No. 17, Vkia,
Jaipur, Rajasthan.
19. Ram Niwas Yadav S/o Narayan Lal Yadav, Aged About 40
Years, R/o Village Kalyanpura, Post Manoharpur, Tehsil
Shahpura, Jaipur, Rajasthan.
20. Ramawatar Malav S/o Ram Nath Malav, Aged About 51
Years, R/o House No. 120-E, R.k. Puram, Kota, Rajasthan.
21. Hanuman Prasad Sharma S/o Radhey Shyam Sharma,
Aged About 42 Years, R/o Village Sujanpura, Tehsil Bassi,
District Jaipur, Rajasthan.
22. Jaiprakash Poonia, Aged About 45 Years, R/o Opposite
Krishi Mandi, Behind Shyam Mandir, Post Sadulpur,
Rajgarh, Churu, Rajasthan.
23. Yadvendra Kumar Sharma S/o Shrinarayan Sharma, Aged
About 45 Years, R/o Village Nayagaon, Post Manoharpura,
Tehsil Bassi, District Jaipur, Rajasthan
24. Naveen Kumar Poonia S/o Suresh Kumar Poonia, Aged
About 36 Years, R/o Village Kumas, Post Bharu, District
Jhunjhunu, Rajasthan
25. Girwar Singh S/o Om Prakash, Aged About 43 Years, R/o
Nai Khatiyon Ka Mohalla, Village Ojtoo, Tehsil Chirawa,
District Jhunjhunu, Rajasthan.
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26. Dalip Kumar S/o Het Ram, Aged About 44 Years, R/o
Ward No. 25, Rawatsar, District Hanumangarh, Rajasthan.
27. Ajay Prakash S/o Ramesh Prakash, Aged About 38 Years,
R/o Vpo Bhawi, Tehsil Bilara, District Jodhpur, Rajasthan.
28. Lalit Kumar Sharma S/o Hari Prasad Sharma, Aged About
38 Years, Vpo Saiwar, Via And Tehsil Shahpura, District
Jaipur, Rajasthan.
29. Manoj Kumar Sain S/o Brijmohan Sain, Aged About 38
Years, R/o Chhandel Kala, Tehsil Chaksu, District Jaipur,
Rajasthan.
30. Rahul Grover S/o Narendra Kumar Grover, Aged About 46
Years, R/o House No. 1/657, Kala Kuan, Housing Board,
Aravali Vihar, Alwar, Rajasthan.
31. Reshma Khan D/o Siraj Ahmed, Aged About 46 Years, R/o
Classic Tailor, Gali Paygaha, Moti Bagh Road, Tonk,
Rajasthan
32. Sangeeta Rani D/o Hanuman Prasad, Aged About 40
Years, R/o Ward No. 14, Sadul Shahar, Ganganagar,
District Sriganganagar, Rajasthan.
33. Maksud Ali S/o Shanwat Khan, Aged About 46 Years, R/o
Vpo Gangiyasar, Tehsil Bissau, District Jhunjhunu,
Rajasthan
34. Dilip Kumar S/o Shanti Lal, Aged About 40 Years, R/o Vpo
Khariya, Mithapur, Tehsil Bilara, District Jodhpur,
Rajasthan.
35. Sunil Kumar Jain S/o Kamal Chand Jain, Aged About 38
Years, R/o 41, Ganesh Colony, Jhotwara, Jaipur,
Rajasthan.
36. Sagar Sharma S/o Om Prakash Sharma, Aged About 42
Years, R/o Joshi Sadan, Near Shiv Bagichi, Bonli, Tehsil
Bonli, District Sawaimadhopur, Rajasthan.
37. Prabhu Ram S/o Joga Ram, Aged About 47 Years, R/o Vpo
Birol Bera- Piparwali, Tehsil Jaitaran, District Beawar,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Principle Secretary
Department Of Personnel And Training Government
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Secretariat, Jaipur.
2. State Of Rajasthan Through Secretary, Education
Department, Secretariat Rajasthan, Jaipur.
3. Director, Elementary Education, Rajasthan, Bikaner
4. Director, Secondary Education, Rajasthan, Bikaner
5. District Education Officer (Headquarter), Elementary
Education, Jodhpur.
6. District Education Officer (Headquarter), Secondary
Education, Jodhpur.
7. The Chief Executive Officer, Zila Parishad, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Hans Raj Nimbar
HON'BLE DR. JUSTICE NUPUR BHATI
Order
02/04/2026
1. At the very outset, learned counsel for the petitioners
submits that the controversy raised in the instant writ petition is
no more res-integra in view of the adjudication made in the case
of Ramesh Chand Saini & Ors. Vs. State of Rajasthan & Ors.:
D.B. Civil Writ Petition No. 4253/2019, wherein the Division
Bench of this Court observed that:
"During the course of arguments, Mr. Ram Pratap Saini,
learned counsel appearing on behalf of the petitioners has
submitted that he does not press the challenge to Rule 14 of
the Rules of 2008 on peculiar facts of this case provided the
State Government is directed to consider petitioners' case for
grant of one time relaxation to them.
Selection of the petitioners as Upper Primary Teachers
was made with the Primary Teachers. Candidates of both the
categories appeared in the common written examination and
participated in process of selection. Common merit list was
prepared, but the appointments were given on the basis of
qualification/ eligibility of the candidates. Appointments of the
Primary Teachers were made on 24.09.2007, but the State
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Government delayed appointments of the petitioners as Upper
Primary Teachers and eventually their appointment orders
were issued on 01.01.2008. In between, State Government
vide notification dated 12.09.2008 promulgated Rajasthan
Civil Services(Revised Pay Scale) Rules, 2008. According to
Rule 14 of the Rules of 2008, batch of the candidates
appointed on the post of Primary Teachers received increment
on 01.07.2010 since they completed one year probation
period after their appointment before the applicability of the
aforesaid notification, but in the case of petitioners, since
their appointment was delayed, they could not complete their
probation and their increment would be delayed by one year
and would be payable on 01.07.2011. Learned counsel has
invited attention of the Court towards Rule 3 of the Rules of
2008, where the Governor retains the power to relax the rule
in the case of undue hardship in any particular case.
Prima facie, we are satisfied that it is a case of
hardship, but since the State Government has not examined
this matter, we refrain from expressing any further opinion,
except requiring the State Government to have the case of
the petitioners examined for grant of one time relaxation, so
as to consider their case and bring them at par with the
Primary Teachers appointed in the same process of selection
held in pursuance of same advertisement by granting them
one increment, may be notionally, with effect from
01.07.2010 considering that they were actually in service on
that date and even prior thereto.
We, therefore, direct the State Government to
undertake necessary exercise and pass appropriate order with
regard thereto within a period of four months from the date of
production of copy of this order. It goes without saying that in
case grievances of the petitioners are not remedied, the
petitioners would be at liberty to file fresh writ petition with
the same prayer as made in the present writ petition and also
incorporating challenge to the order that may be passed by
the State Government.""
2. It is further contended that in S.B. Civil Writ Petition
No.10692/2018 (Lekhraj Meena & Ors. Vs. State of
Rajasthan & Ors.) decided on 17.5.2018, similar view was taken
by a co-ordinate Bench of this Court.
3. Counsel further submits that the petitioners would be
satisfied, if the respondent - State is directed to consider and
decide the representation of the petitioners (which he is ready and
willing to address within two weeks hereinafter), in the backdrop
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of the adjudication in the case of Ramesh Chand Saini (supra)
within a time frame.
4. In view of the limited prayer addressed, the instant writ
proceedings are closed with a direction to the petitioners to
address a comprehensive representation enclosing a web-copy of
the order in the case of Ramesh Chand Saini (supra).
5. In case, a representation is so addressed within the aforesaid
period, the respondent - State is directed to consider and decide
the same by a reasoned and speaking order in accordance with
law within a period of three months from the date of receipt of the
representation along with a certified copy of this order.
6. 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. The same may not
be construed to be an order to decide the representation in a
particular manner.
7. With the observations and directions as indicated above, the
writ petition stands disposed of. Stay application as well as all
other pending applications, if any, also stand disposed of.
(DR.NUPUR BHATI),J
182-/Devesh/-
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