Citation : 2026 Latest Caselaw 2983 Raj
Judgement Date : 23 February, 2026
[2026:RJ-JD:9554]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4289/2026
1. Sharda Devi D/o Krishan Lal, Aged About 50 Years, R/o
Ward No.18, H.n.-114 Purani Abadi District
Sriganganagar. Presently Posted As Teacher Level-I,
Government Senior Secondary School Matili Rathan,
District Sriganganagar.
2. Ravita Kumari D/o Ramchand, Aged About 50 Years, R/o
11 Kailashpuri, Near Jain Collage, District Sriganganagar.
Presently Posted As Senior Teacher, Government Senior
Secondary School, Rohidanwali, District Sriganganagar.
3. Gurmeet Kaur D/o Surender Singh, Aged About 48 Years,
R/o 22 Third Block, District Sriganganagar. Presently
Posted As Teacher Level-I, Shaheed Subhash Government
Senior Secondary School, No. 9 District Sriganganagar.
4. Shiv Bhagwan S/o Nihalchand, Aged About 63 Years, R/o
Vpo Ajitpura Tehsil Bhadra, District Hanumangarh. Retird
From The Post Of Senior Teacher, Government Senior
Secondary School, Bhangwa, District Hanumangarh.
5. Suman Phutela D/o Milkhi Ram Phutela, Aged About 59
Years, R/o Ward No. 28 Gurunanak Basti Sangaria District
Hanumangarh. Presently Posted As Senior Teacher,
Government Girls Secondary School, Saliwala Tibbi,
District Hanumangarh.
6. Kamal Gautam S/o Om Prakash Sharma, Aged About 51
Years, R/o H.n. A-62 Gate No.1 Navjeevan Sung Colony
Nainwa Road, District Bundi. Presently Posted As Lecturer,
Government Senior Secondary School Mandawara Block
Bundi District Bundi.
7. Ghasi Lal Jangid S/o Heera Lal Jangid, Aged About 59
Years, R/o A-13 Navjivan Sang Colony Gate No. 1 Nainwa
Road, District Bundi. Presently Posted As Teacher Level-I,
Government Senior Secondary School, Dabeta, District
Bundi.
8. Narender Kaur W/o Magar Singh, Aged About 57 Years,
R/o Ward No. 17 Behind State School Sangaria District
Hanumangarh. Presently Posted As Physical Teacher,
Government Upper Primary School, N 7 District
Hanunmangarh.
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9. Ram Swaroop Mina S/o Ramdhan, Aged About 50 Years,
R/o Ward No. 23 Vpo Tibbi District Hanumangarh.
Presently Posted As Senior Teacher, Mahatma Gandhi
Government School, Talwara Jhil.
10. Rajhendra Kumar S/o Sahi Ram, Aged About 55 Years, R/
o Ward No. 5 (New), Near Brahmin Dharamshala Post
Office Rawatsar District Hanumangarh. Presently Posted
As Teacher, Government Senior Secondary School, 99 Rd
Rawatsar, District Hanumangarh.
11. Kosal Saini W/o Kulwant Saini, Aged About 59 Years, R/o
99 Sawan Colony Chak Javela Singh Road Ward No. 37
District Hanumangarh. Presently Posted As Teacher Level-
Ii, Government Senior Secondary School, Peerkamdiya.
12. Kuntesh Devi D/o Jai Lal, Aged About 60 Years, R/o
H.n.16 Sector 12/l Ward No. 13 Hanumangarh Junction,
District Hanumangarh. Retired From The Post Of Lecturer,
Government Girls Senior Secondary School,
Hanumangarh Junction.
13. Duli Chand S/o Manphool Ram, Aged About 54 Years, R/o
Vpo Arayan 32 F, District Ganganagar. Presently Posted As
Teacher Grade-Iii, Government Senior Secondary School,
2 M.m. Dharingawali.
14. Mahender Singh S/o Dharam Pal, Aged About 57 Years,
R/o Ward No 1 Shiva Colony Padampur District
Sriganganagar. Presently Posted As Teacher Grade -Iii,
Government Senior Secondary School, 19Bb Padampur,
District Sriganganagar.
15. Chander Kala W/o Shri Ram, Aged About 54 Years, R/o
Street No. 4 H.n.162 B Setia Colony, District
Sriganganagar. Presently Posted As Senior Teacher,
Government Senior Secondary School 19 Bb. District
Sriganganagar.
16. Veerendar Veer Singh S/o Surendar Gej Singh, Aged
About 57 Years, R/o Vpo Sagarwala, District
Sriganganagar. Presently Posted As Teacher Level-I,
Government Senior Secondary School, Motasarkhumi,
District Sriganganagar.
17. Habib Ullah Khan S/o Saifullah Khan, Aged About 54
Years, R/o 2G-11 Indra Nagar Housing Board Colony
Jhalawar Presently Posted As Senior Teacher, Government
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Senior Secondary School, Singhaniya.
18. Balchand Mali S/o Bhawani Ram Mali, Aged About 51
Years, R/o Ratlai , Tehsil Bakani P.o. District Jhalawar.
Presently Posted As Senior Teacher, Government Senior
Secondary School, Patliya, Kulmi.
19. Ramawatar Swami S/o Laxmi Narayan Swami, Aged
About 56 Years, R/o Ward No. 8 Taranagar District Churu.
Presently Posted As Senior Teacher, Mahatama Gandhi
Government School, Satayun, Taranagar District Churu.
20. Krishan Kumar S/o Sultan Ram, Aged About 58 Years, R/o
Ward No. 9, 2 Khn, 31 Mod Khotanwali District
Hanumangarh. Presently Posted As Teacher Level-I,
Government Senior Secondary School, Bholewala, District
Hanumangarh.
21. Rajender Prasad Sharma S/o Shri Mangat Ram Sharma,
Aged About 56 Years, R/o Vpo Rampura Urf Ramsara
Tehsil Tibbi District Hanumangarh. Presently Posted As
Senior Teacher, Government Senior Secondary School,
Bhuranpura.
22. Ram Jas S/o Duli Chand, Aged About 63 Years, R/o Vpo
Lalgarh Jatan Ward No. 23 Tehsil Sadulshahar, District
Sriganganagar.
23. Shiv Narayan Bhadu S/o Mani Ram Bhadu, Aged About 61
Years, R/o Lalgarh Jatan Tehsil Sadulshahar, District
Sriganganagar.
24. Radha Krishan S/o Bhadar Ram, Aged About 61 Years, R/
o Vpo Khat Sajwar, Tehsil Sadulshahar, District
Sriganganagar. Retired From The Post Of Teacher Level-I.
25. Vijay Singh S/o Har Chand, Aged About 55 Years, R/o Vpo
Changoi, Tehsil Taranagar, District Churu. Presently
Posted As Senior Teacher, Shri Jhamanadhar Motilal
Saravagi Government Senior Secondary School,
Taranagar, District Churu.
26. Hawa Singh Moga S/o Kishana Ram, Aged About 53
Years, R/o Gram Haripura, Banara, Taranagar, District
Churu. Presently Posted As Senior Teacher, Shri
Jhamanadhar Motilal Saravagi Government Senior
Secondary School, Taranagar, District Churu.
27. Seema D/o Puran Singh, Aged About 56 Years, R/o Village
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35 M.l. P.o. Dabla Tehsil Raisingh Nagar, District
Sriganganagar. Presently Posted As Senior Teacher,
Government Senior Secondary School, Ramjiwala, District
Sriganganagar.
28. Mohan Singh Verma S/o Rameshwar Dayal, Aged About
59 Years, R/o Ward No. 7 Hissaria Marble Ke Pichhe,
Sangaria, District Hanumangarh. Presently Posted As
Senior Teacher, Government Senior Secondary School,
Haripura Tehsil Sangaria District Hanumangarh.
29. Sukhchain Singh S/o Harbans Singh, Aged About 53
Years, R/o Ward 32 Near Srishyam Sunder Ashram ,
Tehsil Sangaria, District Hanumangarh. Presently Posted
As Senior Teacher, Government Senior Secondary School,
Jandwala Sikhan.
30. Rajesh Kumar S/o Bhola Ram, Aged About 58 Years, R/o
Ward No. 20 Dhobi Mohala, Sangaria, District
Hanumangarh. Presently Posted As Teacher Grade-Iii,
Government Senior Secondary School, Chakhira Singh
Wala, Tehsil Sangaria, District Hanumangarh.
31. Pyara Singh S/o Nathu Ram, Aged About 45 Years, R/o
Vpo Chhani Bari District Hanumangarh. Presently Posted
As Physical Education Teacher, Government Senior
Secondary School, Janana, District Hanumangarh.
32. Bhawani Shankar Nagar S/o Ram Chandra Nagar, Aged
About 53 Years, R/o B-215, New Nakoda Colony Baran
District Baran. Presently Posted As Senior Teacher,
Government Senior Secondary School, Mundli District
Baran.
33. Poonam Beniwal D/o Laxmi Narayan, Aged About 42
Years, R/o Vpo Chhani Bari District Hanumangarh.
Presently Posted As Physical Education Teacher, Mahtama
Gandhi Government School, Chhani Bari, District
Hanumangarh.
34. Indraj Jalandra S/o Kheta Ram, Aged About 60 Years, V.
56 Lnp, P.o. Harkhewala Tehsil Padampur, District
Sriganganagar. Retired From The Post Of Teacher Grade-
Iii.
35. Bharat Kumar Vyas S/o Bakhata Ram Joshi, Aged About
60 Years, R/o Joshion Ka Nichala Vas Adrash School Ke
Pass, District Barmer. Retired From The Post Of Teacher.
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36. Pawan Kumar S/o Om Prakash, Aged About 61 Years, R/o
Ward No. 18, Near Geeta Bhawan Srikaranpur, District
Sriganganagar. Retired From The Post Of Teacher Level-I.
37. Mangla Ram S/o Gangaram Nayak, Aged About 53 Years,
R/o Vpo 25 Jsn, Ward No. 13, Tehsil Nohar District
Hanumangarh. Presently Posted As Senior Teacher,
Mahatma Gandhi Government School, 25 Jsn, District
Hanumangarh.
38. Anju Diwan D/o Hari Krishan, Aged About 55 Years, R/o
106, Bank Colony District Sriganganagar. Presently Posted
As Teacher Grade-Ii, Government Senior Secondary
School, Ratanwali, District Hanumangarh.
39. Baldev Raj S/o Jagdish Lal, Aged About 52 Years, R/o Vpo
Rattewala Tehsil Padampur District Sriganganagar.
Presently Posted As Teacher Level-I, Government Senior
Secondary School, 6 Eea, District Sriganganagar.
40. Ram Prakash S/o Ram Chander, Aged About 59 Years, R/o
New Officer Colony, H.n. 5/104, Abohar Road, District
Sriganganagar. Presently Posted As Teacher, Government
Primary School, Hindo.
41. Trishla Devi Tinna D/o Balbir Chand Babbar, Aged About
61 Years, R/o Government Girls Upper Primary School 37
Kamal Park, District Sriganganagar. Retired From The Post
Of Senior Teacher.
42. Madan Lal Maheya S/o Khyali Ram Maheya, Aged About
64 Years, R/o Vpo Beenjh Bayala, Tehsil Padampur,
District Sriganganagar. Retired From The Post Of
Headmaster.
43. Sahab Ram S/o Shyo Chand, Aged About 56 Years, R/o
Vpo Dhaban Jhalar Suratgarh, District Sriganganagar.
Presently Posted As Senior Teacher, Government Girls
Senior Secondary School, Ridmalsar.
44. Shanker Lal S/o Gugan Ram, Aged About 58 Years, R/o
Ward No. 5 Bhompura, 16 Ag District Hanumangarh.
Presently Posted As Teacher, Government Senior
Secondary School, Dabli Khurd District Hanumangarh.
45. Manju Regar W/o Mohan Lal, Aged About 49 Years, R/o
Ward No. 2 Near Ravidas Chowk, Sangaria, District
Hanumangarh. Presently Posted As Lecturer, Government
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Senior Secondary School, Beharwala Kalan Tehsil Tibbi
District Hanumangarh.
46. Yuwarani D/o Shri Ramshanker, Aged About 56 Years, R/o
5E-149, J.n.v. Colony District Bikaner. Presently Posted As
Principal, Government Senior Secondary School, Sankhla
Basti Kolayat District Bikaner.
47. Sulochana D/o Sadhu Ram, Aged About 54 Years, R/o
Ward No. 13, Bhukarka Tehsil Nohar. District
Hanumangarh. Presently Posted As Teacher, Government
Senior Secondary School, Kikrali Nohar.
48. Sita Ram S/o Kalu Ram, Aged About 53 Years, R/o Ward
No.25 Hanuman Colony Near Power House Sangaria
District Hanumangarh. Presently Posted As Senior
Teacher, Government Senior Secondary School, Rasuwala
Tehsil Sangaria District Hanumangarh.
49. Babu Lal Sharma S/o Devi Lal Sharma, Aged About 62
Years, R/o Near Water Works Laxmi Nagar District
Barmer. Retired From The Post Of Teacher Grade-Iii.
50. Aidan Ram Bishnoi S/o Dharma Ram Bishnoi, Aged About
60 Years, R/o V/p Chhotu District Barmer. Retired From
The Post Of Teacher.
51. Smt. Asha Vyas D/o Dhanraj Joshi, Aged About 59 Years,
R/o Joshion Ka Nichala Vas Near Adarsh School Ke Pass
District Barmer. Presently Posted As Teacher, Government
Senior Secondary School Martalagala, District Barmer.
----Petitioners
Versus
1. The State Of Rajasthan, Through Secretary, Education
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Secretary, Department Of Finance, Government Of
Rajasthan, Secretariat, Jaipur.
3. Director, Secondary Education Department, Rajasthan,
Bikaner.
4. Director, Elementary Education Department, Rajasthan,
Bikaner.
5. Joint Director, School Education, Bikaner Division,
Bikaner.
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6. District Education Officer (Hq), Secondary Education
Department, District Hanumangarh.
7. District Education Officer (Hq), Elementary Education
Department, District Hanumangarh.
8. District Education Officer (Hq), Secondary Education
Department, District Sri Ganganagar.
9. District Education Officer (Hq), Elementary Education
Department, District Sri Ganganagar.
10. District Education Officer (Hq), Secondary Education
Department, District Churu.
11. District Education Officer (Hq), Elementary Education
Department, District Churu.
12. District Education Officer (Hq), Secondary Education
Department, District Baran.
13. District Education Officer (Hq), Elementary Education
Department, District Baran.
14. District Education Officer (Hq), Secondary Education
Department, District Jhalawar.
15. District Education Officer (Hq), Elementary Education
Department, District Jhalawar.
16. District Education Officer (Hq), Secondary Education
Department, District Barmer.
17. District Education Officer (Hq), Elementary Education
Department, District Barmer.
----Respondents
For Petitioner(s) : Mr. Vishal Jangid
HON'BLE DR. JUSTICE NUPUR BHATI
Order
23/02/2026
1. Learned counsel for the petitioners, at the outset, submits
that the controversy raised in the instant writ petition, is no more
res-integra in view of the adjudication by a Coordinate Bench of
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this Court in the case of Jorawar Singh Vs. State of Rajasthan
& Ors. : S.B. Civil Writ Petition No.555/2005, decided on
07.11.2006, observing thus:
"It is not at all in dispute that the appointment was given to the petitioner by way of direct recruitment as a consequence to regular selection proceedings conducted under the Rules of 1971 by order dated 3.2.1992 and the petitioner joined service in pursuant thereto on 14.2.1992, therefore, he became a substantive employee of Government of Rajasthan on 14.2.2002. The respondents did not allow salary for summer vacations to the petitioner under administrative instructions that prescribes that the persons employed after 31st December of the preceding year shall not be given salary for the summer vacations. However, it does not change nature of appointment of the person so employed. As stated above, the petitioner was appointed as a Teacher Gr.III under the Rules of 1971 by order dated 3.2.1992, therefore, he is required to be treated as a substantive employee from the date he joined service i.e. 14.2.1992. The date of the initial appointment of the petitioner, therefore, is 14.2.1992 and not 1.7.1992 as considered by the respondents. I also do not find any reason to disallow salary to the petitioner for the period of summer vacations in the year 1992, merely on the count that an order of appointment was issued in that year only. The counsel for the State also failed to give any rational in giving salary for summer vacations to the petitioner.
Accordingly, this petition for writ is allowed. The respondents are directed to allow selection grade to the petitioner by considering 14.2.1992 as the date of his initial appointment in government service. The petitioner is also entitled for all other ancillary and consequential benefits including the salary for the period of summer vacations of 1992. No order to costs."
2. Learned counsel for the petitioners further submits that, for
the present, the petitioners would be satisfied if the respondent
State is directed to address their representation within a time
frame in the backdrop of the order dated 07.11.2006 passed in
the case of Jorawar Singh (supra), which he is ready and willing to
address within two weeks hereinafter.
3. In view of the limited prayer addressed; the instant writ
proceedings stand closed with a direction to the petitioners to
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address a comprehensive representation to the respondents
ventilating his grievances.
4. In case, a representation is so addressed within the aforesaid
period, the competent authority of the respondents is 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 these observations and directions, as indicated above,
the writ petition as well as stay petition are disposed of.
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
158-/Devesh/-
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