Citation : 2026 Latest Caselaw 2306 Raj
Judgement Date : 12 February, 2026
[2026:RJ-JD:7928]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3525/2026
1. Ratan Lal Vishnoi S/o Shri Bhagwanaram, Aged About 53
Years, R/o Hapu Ki Dhani, District Jalore, Presently Posted
At Govt. Senior Secondary School, Bhalni, District Jalore.
2. Mahveer Prasad S/o Shri Bhawar Lal Agrawal, Aged About
55 Years, R/o Mawal, Teh. Aburoad, Dist- Sirohi, Presently
Posted At Govt. Senior Secondary School, Vasada
Aburoad, District Sirohi.
3. Dr. Aruna Shreemali W/o Shree Chandra Prakash Dave,
Aged About 59 Years, R/o Rajendra Nagar Ahore, Dist-
Jalore, Presently Posted At Govt. Senior. Secondary
School , Ahore, District Jalore.
4. Omprakash Verma S/o Shree Suraj Mal, Aged About 54
Years, R/o Bharampuri Ward 18 Siswali Dist- Baran,
Presently Posted At Govt. Senior. Secondary School, Pakal
Khera, Magarol District Baran.
5. Purushottam Lal Garg S/o Shree Motiram, Aged About 59
Years, R/o Nai Basti Karakala, District- Udaipur, Presently
Posted At Govt. Senior Secondary School, Badivikha,
Jhallara, District- Salumber.
6. Rajendra Kumar Sharma S/o Shree Mohanlal Sharma,
Aged About 55 Years, R/o 874 Kohhopuri 7 Dadavadi,
Ladpura District- Kota, Presently Posted At Govt. Sr. Sec.
School, Mal Bamoti ,district- Baran.
7. Jodhraj Suman S/o Shree Gobri Lal Suman, Aged About
54 Years, R/o 42 Bhagti Sagar 3Rd Magroll Bypass Road
Balaji Nagar District Baran, Presently Posted At Govt.
Senior Secondary School, Aanta, District- Baran.
8. Smt. Shalini Pandya D/o Shree Shanti Lal Pandya, Aged
About 47 Years, R/o Ward No.10 Kanba Kanwa Dist.-
Dungarpur Presently Posted At Govt. Senior Secondary
School, Kankradra, District- Dungarpur.
9. Mahesh Kumar Meena S/o Shree Banshi Lal Meena, Aged
About 57 Years, R/o Nangal Madal Teh. Todabhim, District
Karoli, Presently Posted At Govt. Senior Secondary
School, Mukandpura, Teh. Hindoncity, Dist- Karouli.
10. Mangalaram S/o Shree Ramuram, Aged About 59 Years,
R/o Pur, Teh. Sanchore Dist- Jalore, Presently Posted At
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Govt. Senior Secondary School, Chora, District Jalore.
11. Bhawar Lal Shrama S/o Magniram Shrama, Aged About
55 Years, R/o Diver, Devgarh, District- Rajsamand,
Presently Posted At Govt. Upper Primary School Ranavato
Ka Khada, Gangrar, Dist.- Chittorgarh.
12. Mahendra Pal Singh S/o Shree Jeevan Singh, Aged About
53 Years, R/o Kukada, District Rajsamand, Presently
Posted At Govt. Girls Senior Secondary School, Bhim,
District Rajsamand.
13. Jeevan Prakash S/o Shree Radheshyam, Aged About 53
Years, R/o Govt. School Ke Pass, 9 Md Satrana, Teh.
Anupgarh District Sriganganagar, Presently Posted At
Govt. Senior Secondary School Nai Mandi Gharasana,
District Sriganganagar.
14. Shakti Singh Hada S/o Shree Bhawar Singh, Aged About
53 Years, R/o E-2-701 Mahalaxmipuram Baran Road,
Naya Nohra, District Kota Presently Posted At Mahatma
Gandhi Govt. School Bhata Pada, Govdi, District Kota.
15. Najir Mohmmad S/o Shree Jafer Mohmmad, Aged About
58 Years, R/o 8 Kesar Enkleve Manpura Road, Kalatalab,
Rangtalab, District- Kota, Presently Posted At Pm Shri
Govt. Senior Secondary School, Kotsua, District- Kota.
16. Abdul Rahim Khan S/o Shree Abdul Hakim, Aged About
59 Years, R/o 3N-46 Ghandi Grah, Vighyan Nagar, District
Kota, Presently Posted At Govt. Senior Secondary School,
Keshavpura Sector 2/3 Kota, District Kota.
17. Abdul Ameen S/o Shree Abdul Rehman, Aged About 58
Years, R/o Gali Number 1, 60 Sarswati Colony Baran
Road, Kota, District Kota, Presently Posted As Govt.
Senior Secondary School, Brijrajpura-I Kota City, District
Kota.
18. Rajiv Vijay S/o Shree Rupnarayan Vijay, Aged About 54
Years, R/o B-22-A Rup Kaushal, Purana Jawahar Nagar,
District Kota, Presently Posted At Govt. Upper Primary
School Goda Basti Kota, District Kota.
19. Smt. Usha Nama D/o Shri Madanlal Nama, Aged About 57
Years, R/o Kada Rusalpura, District Kota, Presently Posted
At Govt. Girls Upper Primary School, Shri Ramnagar,
Kachi Basti, Kethun, District Kota.
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20. Smt. Manju Khandelwal D/o Shree Badri Lal, Aged About
58 Years, R/o Cf-41 New Jawahar Nagar, Gali Number- 7,
Kota, Dist.- Kota, Presently Posted At Govt. Girls Senior
Secondary School, Udyog Nagar, District- Kota.
21. Sanjay Raman Shrama S/o Shree Rama Raman Shrama,
Aged About 57 Years, R/o Nit Sadan, 3-C-10, Dada Badi,
District- Kota, Presently Posted At Govt. Senior Secondary
School, Keval Nagar, District- Kota.
22. Surendra Singh Solanki S/o Shri Parbhu Singh Solanki,
Aged About 54 Years, R/o 2-A-11, R.h.b, Kunhadi,
District- Kota, Presently Posted At Govt. Senior Secondary
School, Govindnagar Kota, District- Kota.
23. Dighvijay Singh Rajawat S/o Vijay Bahadur Singh, Aged
About 55 Years, R/o Rajput Colony, Ramchandra Pura,
Nahar Ke Pass Chhawani Kota, Dist- Kota, Presently
Posted At Govt. Senior Secondary School, Jagpura Kota,
District- Kota.
24. Vandana Ghatiya D/o S.m. Ghatiya W/o Ashok Kumar
Gupta, Aged About 55 Years, R/o D-75 Indravihar,
Shivjyoti School Ke Pass Kota, District- Kota. Presently
Posted At Govt. Upper Primary School, Raitya Chowki
Kota City, District- Kota.
25. Jagdish Kumar Malav S/o Shree Ratan Lal Malav, Aged
About 54 Years, R/o 1608 Sidheshawar Mahadev Mandir
Park Ke Samne Anantpura Ke Pass Subhash Nagar- Ii,
Kota, District- Kota Presently Posted At Govt. Senior
Secondary School, Khajuri Dewali Sangod Kota, District-
Kota.
26. Rajesh Vijay S/o Manmohan Vijay, Aged About 54 Years,
R/o 1 J-23, Teachers Colony, Keshavpura Kota, District-
Kota, Presently Posted At Pm Shri Mahatma Gandhi, Govt.
School Shri Nathpuram-B Kota, District- Kota.
27. Rupal Saksena D/o Dr. Dheendra Kumar Saksena, Aged
About 50 Years, R/o 316-B Gali Number-09, Hanuman
Mandir Ke Pass, Bajrang Nagar Kota, District- Kota,
Presently Posted At Mahatma Gandhi, Govt. School
Ladpura Kota, District- Kota.
28. Gulam Jeelani S/o Shree Haji Amin Khan, Aged About 57
Years, R/o Jama Masjid Sangod Ke Pass Kota, District-
Kota, Presently Posted At Govt. Senior Secondary School,
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Kuradiya Khurad, Sangod Kota, District Kota.
29. Harish Kumar Rathore S/o Heera Lal Rathore, Aged About
56 Years, R/o 157-B Veer Savarkar Nagar, Rangbadi Road
Kota, Presently Posted At Govt. Senior Secondary School,
Bavdi Kheda, Teh. Ladpura, District- Kota.
30. Deependra Tiwari S/o Narendra Tiwari, Aged About 53
Years, R/o 5-245 Sawami Vivekanad Nagar Kota, District-
Kota, Presently Posted At Govt. Upper Primary School,
Balita Kota, District Kota.
----Petitioners
Versus
1. State Of Rajasthan, Through It's Secretary, Department
Of School Education, Government Secretariat Building,
Jaipur.
2. State Of Rajasthan, Through It's Secretary, Department
Of Sanskrit Education, Government Secretariat Building,
Jaipur.
3. Director, Secondary Education, Bikaner.
4. Director, Elementary Education, Bikaner.
5. Deputy Director, Education Department, Jaipur.
6. Deputy Director, Education Department, Bikaner.
7. Deputy Director, Education Department, Jodhpur.
8. Deputy Director, Education Department, Bharatpur.
9. Joint Director, Education Department, Jaipur.
10. Joint Director, Education Department, Bikaner.
11. Joint Director, Education Department, Jodhpur.
12. Joint Director, Education Department, Bharatpur.
13. Divisional Sanskrit Education Officer, Udaipur, Division
Jaipur.
14. Divisional Sanskrit Education Officer, Bikaner, Division
Bikaner.
15. Divisional Sanskrit Education Officer, Jodhpur, Division
Jodhpur.
16. Divisional Sanskrit Education Officer, Kota, Division
Bharatpur.
17. District Education Officer, Secondary Education, Jodhpur.
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18. District Education Officer, Elementary Education, Jodhpur.
19. District Education Officer, Secondary Education, Jalore.
20. District Education Officer, Elementary Education, Jalore.
21. District Education Officer, Secondary Education, Sirohi.
22. District Education Officer, Elementary Education, Sirohi.
23. District Education Officer, Secondary Education, Baran.
24. District Education Officer, Elementary Education, Baran.
25. District Education Officer, Secondary Education,
Sriganganagar.
26. District Education Officer, Elementary Education,
Sriganganagar.
27. District Education Officer, Secondary Education, Kota.
28. District Education Officer, Elementary Education, Kota.
29. District Education Officer, Secondary Education, Karauli.
30. District Education Officer, Elementary Education, Karauli.
31. District Education Officer, Secondary Education,
Dungarpur.
32. District Education Officer, Elementary Education,
Dungarpur.
33. District Education Officer, Secondary Education, Salumber.
34. District Education Officer, Elementary Education ,
Salumber.
35. District Education Officer, Secondary Education,
Chittorgrah.
36. District Education Officer, Elementary Education ,
Chittorgarh.
37. District Education Officer, Secondary Education ,
Rajsamand.
38. District Education Officer, Elementary Education ,
Rajsamand.
----Respondents
For Petitioner(s) : Mr. MK Dudy
HON'BLE DR. JUSTICE NUPUR BHATI
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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.
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."
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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
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/186-
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