Citation : 2026 Latest Caselaw 1208 Raj
Judgement Date : 29 January, 2026
[2026:RJ-JD:5358]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2005/2024
1. Neelam Kumari D/o Shri Pema Ram Choudhary, Aged
About 39 Years, R/o Plot No. 180, Officers Enclave, Near
Plv College, Sikargarh, Jodhpur, Rajasthan. Presently
Posted As School Lecturer Geography.
2. Susheela Devi W/o Shri Kuldeep Siyag, Aged About 30
Years, R/o Village Beetan (Siyago Ki Dhani), Tehsil Merta
City, District Nagaur, Rajasthan. Presently Posted As
School Lecturer Geography.
3. Suman D/o Shri Mahavir Prasad, Aged About 35 Years,
R/o Village Kudan, Tehsil Dhod, District Sikar, Rajasthan.
Presently Posted As School Lecturer Geography.
4. Sangeeta Choudhary D/o Shri Chotu Lal Jat, Aged About
34 Years, R/o VPO Rindliya Rampura, Tehsil Todaraysingh,
District Tonk, Rajasthan. Presently Posted As School
Lecturer Geography.
5. Manisha D/o Shri Girdhari Lal Dudi, Aged About 32 Years,
R/o Ramlalpura Sithal, Tehsil Udaipurwati, District
Jhunjhunu, Rajasthan. Presently Posted As School
Lecturer Geography.
6. Swati Choudhary D/o Shri Begraj Singh, Aged About 32
Years, R/o Village And Post Abusar, Tehsil Jhunjhunu,
District Jhunjhunu (Raj.). Presently Posted As School
Lecturer Geography.
7. Rajvanti D/o Shri Ishwar Lal, Aged About 33 Years,
Sukhadiya Colony, Achrol, Tehsil Ajmer, District Jaipur
(Raj.). Presently Posted As School Lecturer Geography.
8. Satyawati W/o Shri Chetan Lal Morodia, Aged About 38
Years, R/o Talab Wala Mohalla, Tehsil Neemrana, District
Alwar (Raj.). Presently Posted As School Lecturer
Geography.
9. Sumitra Meena W/o Shri Shankar Lal Meena, Aged About
34 Years, R/o Village Jaisinghpura, Post Vidhani, Tehsil
Sanganer, District Jaipur (Raj.). Presently Posted As
School Lecturer Geography.
10. Vimla D/o Shri Nemi Chand, Aged About 41 Years,
R/o Mochi Bazar, Near Hanuman Mandir, Tehsil Nasirabad,
District Ajmer, Rajasthan. Presently Posted As School
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Lecturer Geography.
11. Deepmala D/o Shri Rewad Mal Meena, Aged About 29
Years, R/o Sainthal Road, Near Radha Govind Mandir
Auyodha Nagar, Dausa, Rajasthan. Presently Posted As
School Lecturer Geography.
12. Kavita Sharma D/o Shri Satya Narayan Sharma, Aged
About 30 Years, R/o B-6/113, D-Block, Chitrakoot,
Vaishali Nagar, Jaipur (Raj.). Presently Posted As School
Lecturer Geography.
13. Preeti Kanwar D/o Shri Bhagat Singh, Aged About 34
Years, R/o 71/A, Piyush Path, Kailash Nagar, Jhotwara,
Jaipur (Raj.). Presently Posted As School Lecturer
Geography.
14. Manju Lata W/o Shri Mohan Lal Dotaniya, Aged About 37
Years, R/o B-25, Hasan Kha Mewat Nagar, Alwar (Raj.).
Presently Posted As School Lecturer Geography.
15. Mamta Gora D/o Shri Rampat Gora, Aged About 36 Years,
R/o VPO Sithal, Via Baragaon, Tehsil Gudha Gorji, District
Jhunjhunu, Rajasthan. Presently Posted As School
Lecturer Geography.
16. Suman Yadav W/o Shri Bhoop Singh, Aged About 34
Years, R/o Village Dochana, Dhani Post Dumoli Khurd,
Tehsil Buhana, District Jhunjhunu (Raj.). Presently Posted
As School Lecturer Geography.
17. Laxmi Rani D/o Shri Bane Singh, Aged About 34 Years,
R/o VPO Jonaicha Khurd, Tehsil Neemrana, District Alwar,
Rajasthan. Presently Posted As School Lecturer
Geography.
18. Uganta Leel D/o Shri Prabhu Dayal Leel, Aged About 30
Years, R/o Dhani Patwari Wali, Ward No. 1, Shahpura,
District Jaipur (Raj.). Presently Posted As School Lecturer
Geography.
19. Neeraj Meena W/o Shri Jitendra Kumar Meena, Aged
About 32 Years, R/o 203, Lajpat Nagar, Jagatpura, Jaipur
(Raj.). Presently Posted As School Lecturer Geography.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
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Rajasthan.
2. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
3. The Secretary, Rajasthan Public Service Commission,
Ajmer, Rajasthan.
----Respondents
For Petitioner(s) : Mr. M.L. Deora
For Respondent(s) : Mr. Bhupesh Charan for
Mr. N.K. Mehta, AGC
Dr. Praveen Khandelwal, AAG
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
29/01/2026
1. Learned counsel appearing on behalf of the parties submit
that the controversy involved in the present writ petition is
squarely covered vide order dated 12.01.2026 as modified on
20.01.2026 passed in S.B. Writ Misc. Application
No.37/2026 : Jitendra Kumar & Ors. Vs. State of Rajasthan
& Anr.
2. The relevant paragraph of the order dated
12.01.2026/20.01.2026 (modified) reads as follows:
"14. In the result, the writ petitions are allowed. The actions of respondents in unequal fixation of pay among the persons selected and appointed in the same recruitment process based on their dates of joining are set aside. The respondents have to treat all such candidates as a single unit for grant of annual grade increments whether, they have joined prior to 30.06.2017 or subsequent to 30.06.2017. Any anomaly arising due to adoption of such improper dates of joining for the purpose of granting one annual grade increment among the
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candidates appointed in the same recruitment shall be rationalized and shall be corrected. For this purpose, if any correction is required to be carried out by the respondents, they may make necessary corrections in their official records in the matter of grant of annual grade increment after giving notice to affected parties. The respondents are directed to carry out the needful exercise after hearing all the parties concerned, within a period of one month from the date of receipt of a copy of this order."
3. The facts in the present case reflect that the petitioners
challenge the action of the respondents in not granting the parity
of this case and incremental benefits at par with the persons
selected in the same recruitment on account of delay in joining
after 30.06.2017. The same was considered by this Court in the
aforesaid order dated 12.01.2026/20.01.2026 (modified).
4. In view of the aforesaid, the present writ petition is also
allowed in same terms as in Jitendra Kumar's case (supra) and
the impugned order 29.08.2023 (Annex.7) is set aside and the
relevant Rule of the Rajasthan Civil Services (Revised Pay) Rules,
2017, which creates an anomaly in the grant of increment and
consequential fixation of pay scale on account of different joining
times in the same recruitment, has to be read as the common
date of the candidates selected in the same recruitment, ignoring
the date of joining, and granting uniform increments and relevant
pay scales without discriminating among persons in the same
recruitment.
(MUNNURI LAXMAN),J 275s-PoonamS/-
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