[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Bhanwar Lal Jat vs State Of Rajasthan (2026:Rj-Jd:7923) on 12 February, 2026
Author: Nupur Bhati
Bench: Nupur Bhati
[2026:RJ-JD:7923]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3073/2026
1. Bhanwar Lal Jat S/o Laxmi Narayan Jat, Aged About 57
Years, Resident Of Plot No. 6, Ward No. 4, Behind
Ambedkar Hostel, Jail Road, Shivaji Nagar, Kampu,
District Tonk (Rajasthan). Presently Posted As Teacher
Grade 3Rd At Government Senior Secondary School
Lamba, District Tonk (Rajasthan).
2. Mohan Lal Bairwa S/o Panchu Lal Bairwa, Aged About 52
Years, Resident Of Bairwo Ka Mohalla, Goharpura, Post
Office Sonwa, District Tonk (Rajasthan). Presently Posted
As Teacher Grade 3Rd At Government Upper Primary
School, Chapariya, Lamba, District Tonk (Rajasthan).
3. Nand Kishore Soni S/o Shri Mool Chand Soni, Aged About
52 Years, Resident Of Near Vivek School, Near Bus Depot
Tonk. District Tonk (Rajasthan). Presently Posted As
Teacher Grade 3Rd At Government Senior Secondary
School Nimola, District Tonk (Rajasthan).
4. Tahir Ali S/o Mohammad Khalil, Aged About 59 Years,
Resident Of Azad Nagar, Behind Zakhira, Tonk
(Rajasthan). Presently Posted As Teacher Grade 2Nd At
Government Senior Secondary School Lamba, District
Tonk (Rajasthan).
5. Mahboob Khan S/o Harun Rashid, Aged About 55 Years,
Resident Of Ward No. 16, Bokadan, Mohalla, Sarwar
District Ajmer (Rajasthan). Presently Posted As Teacher
Grade 3Rd At Government Senior Secondary School
Goyla, District Ajmer (Rajasthan).
6. Kamlesh Kumar Gurjar S/o Ramlal, Aged About 47 Years,
Resident Of Village Post Sonwa, District Tonk (Rajasthan).
Presently Posted As Teacher Grade 3Rd At Government
Senior Secondary School Nimola, District Tonk
(Rajasthan).
7. Ramavtar Purohit S/o Bheru Lal Purohit, Aged About 63
Years, Resident Of 50 Shivaji Nagar, Kampu, District Tonk
(Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
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[2026:RJ-JD:7923] (2 of 4) [CW-3073/2026]
Of Education, Government Of Rajasthan, Jaipur
(Rajasthan).
2. The Director, Secondary Education, Bikaner (Rajasthan).
3. The Director, Elementary Education, Bikaner (Rajasthan).
4. The District Education Officer, Secondary Education, Tonk
(Rajasthan).
5. The District Education Officer, Elementary Education, Tonk
(Rajasthan).
6. The District Education Officer, Secondary Education,
Ajmer (Rajasthan).
7. The District Education Officer, Elementary Education,
Ajmer (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Deependra Singh Shekhawat
HON'BLE DR. JUSTICE NUPUR BHATI
Order
12/02/2026
1. Learned counsel for the petitioners, at the outset, submits
that the controversy raised in the instant writ application, is no
more res-integra in view of the adjudication by a Coordinate
Bench of this Court in the case of Yogesh Kumar Pareek Vs. The
State of Rajasthan:SBCWP No.3534/2009, decided on 20th
January, 2014, observing thus:
"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.
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[2026:RJ-JD:7923] (3 of 4) [CW-3073/2026]
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 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."
2. Learned counsel further submits that, for the present, the
petitioners would be satisfied if the State-respondents to address
his representation within a time frame in the backdrop of the
order dated 20th January, 2014 in the case of Yogesh Kumar
Pareek (supra), which they are ready and willing to address within
two weeks hereinafter.
3. In view of the limited prayer addressed; the instant writ
proceedings are closed with a direction to the petitioner to address
a comprehensive representation to the respondents ventilating
their grievances.
4. In case, a representation is so addressed within the aforesaid
period, the State-respondents are directed to consider and decide
the same by a reasoned and speaking order, in accordance with
law, as expeditiously as possible; however, in no case later than
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twelve weeks from the date of receipt of the representation along
with a certified copy of this order.
5. With the observations and directions, as indicated above, the
writ application stands disposed off.
6. 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,
the averments made therein are found to be correct, the
petitioners would be entitled to the relief.
(DR.NUPUR BHATI),J
surabhii/52-
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