Citation : 2026 Latest Caselaw 4331 Raj
Judgement Date : 23 March, 2026
[2026:RJ-JD:13676]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6299/2026
1. Kailash Chand Meena S/o Shri Moolaram Meena, Aged
About 53 Years, R/o Village Kalaguda, Post Amargarh
(Dang), Tehsil Sapotra, District Karauli, Rajasthan. At
Present Posting At Gsss Chhawa, Gangapurcity, District
Sawai Madhapur.
2. Moola Ram Raiger S/o Shri Ramnath Raiger, Aged About
54 Years, R/o Vpo Lichana, Tehsil Nawa, District Didwana-
Kuchaman, Rajasthan. At Present Posting At Gsss
Khariya, District Nagaur.
3. Murari Lal Bairwa S/o Shri Manphool Bairwa, Aged About
55 Years, R/o D-05 Malaviya Nagar, District Alwar,
Rajasthan. At Present Posting At Gsss Alai Block Rajgarh,
District Alwar.
4. Maansukha Ram Regar S/o Shri Gugha Ram Regar, Aged
About 57 Years, R/o Post Nimbi Jodhan, Tehsil Ladnu,
District Didwana- Kuchaman, Rajasthan. At Present
Posting At Gsss Dujar, District Didwana- Kuchaman.
5. Chena Ram S/o Shri Mangi Lal, Aged About 56 Years, R/o
Durga Marriage Garden, Chandaroon Road, Degana,
District Nagaur, Rajasthan. At Present Posting At Gsss
Habchar, District Nagaur.
6. Badri Ram Nehra S/o Shri Pitha Ram, Aged About 58
Years, R/o Vpo- Chosli, Tehsil Sanju, District Nagaur,
Rajasthan. At Present Posting At Gsss Bhadwasi, District
Nagaur.
7. Suman Devi Gupta W/o Shri Nandkishor Gupta, Aged
About 54 Years, R/o 1411-N Vijay Nagar, District Alwar,
Rajasthan. At Present Posting At Ggsss Raiyabka, Umrain,
District Alwar.
8. Mohana Ram Douliya S/o Shri Moola Ram, Aged About 57
Years, R/o Vpo- Gedha Kallan Via Besroli, Tehsil Makrana,
District Didwana- Kuchaman, Rajasthan. At Present
Posting At Gsss Runija, District Didwana- Kuchaman.
9. Asha Dabas W/o Dr. Mahavir Sehrawet, Aged About 57
Years, R/o House No. 1879, Sector 16 And 17, District
Hisar, Haryana. At Present Posting At Gsss Ramgarh,
Nohar, District Hanumangarh.
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10. Hariram Regar S/o Shri Narayan Ram, Aged About 55
Years, R/o Vpo- Gedha Kallan Via Besroli, Tehsil Makrana,
District Didwana- Kuchaman, Rajasthan. At Present
Posting At Gups Shivrasi, Makrana, District Didwana-
Kuchaman.
11. Kishana Ram Mundel S/o Shri Pusa Ram Mundel, Aged
About 56 Years, R/o Bankawas Via Anandpur Kalu, District
Beawar, Rajasthan. At Present Posting At Gsss Jasnagar,
Riyabadi, District Nagaur.
12. Ounkar Singh Charan S/o Shri Dhanna Dan, Aged About
54 Years, R/o Near Karni Mata Mandir, Karni Colony,
District Nagaur, Rajasthan. At Present Posting At Gsss
Sewari, District Nagaur.
13. Sneh Lata Bhargava W/o Shri Bhuvnesh Kumar Bhargava,
Aged About 61 Years, R/o B-5 Shastri Nagar, Hill Viev
Colony, Chhabra, District Baran, Rajasthan. At Present
Posting At Ghss Bahari, Chhabra, District Baran.
14. Ramchandra S/o Shri Dhanna Ram, Aged About 61 Years,
R/o Vpo- Khokhar, Tehsil Parbatsar, District Didwana-
Kuchaman, Rajasthan. At Present Posting At Gps Godaro
Ki Dhani, Runija, District Didwana- Kuchaman.
15. Omprakash S/o Shri Mangilal, Aged About 57 Years, R/o
Vpo- Palari Kallan, Tehsil Degana, District Nagaur,
Rajasthan. At Present Posting At Gsss Palari Kallan,
Bherunda, District Nagaur.
16. Mukta Goyal D/o Shri Ram Gopal Gupta, Aged About 53
Years, R/o Flat No. 1001 Ground Tower, Moscow Royal
Ville, Sector 82, District Gurugram, Haryana. At Present
Posting At Gsss Bhiwadi, District Tijara.
17. Ramawtar Meena S/o Shri Kishoree Lal Meena, Aged
About 57 Years, R/o Vpo- Banawar, Tehsil Mandawar,
District Dausa, Rajasthan. At Present Posting At Gsss
Prempura, Kuchaman City, District Didwana- Kuchaman.
18. Nishi Jain D/o Shri Ajit Prasad Jain, Aged About 59 Years,
R/o 84/15 Jalpath, Aravali Marg, Mansarovar, District
Jaipur, Rajasthan. At Present Posting At Rajasthan State
Open School, Shiksha Sankul, District Jaipur.
19. Mahaveer Prasad Saini S/o Shri Goru Ram Saini, Aged
About 57 Years, R/o Village Adwana, Post Manksas, Via
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Saray Surpura, District Jhunjhunu, Rajasthan. At Present
Posting At Gsss, Mewata, District Jhunjhunu.
20. Vijendra Singh Jat S/o Shri Ratan Lal Jat, Aged About 49
Years, R/o Village Kunsay, Post Raipur, Tehsil Wazirpur,
District Sawai Madhopur. At Present Posting At Mggs
Piloda, District Sawai Madhopur.
21. Gori Shankar Meena S/o Shri Ram Chandra Meena, Aged
About 55 Years, R/o Vpo- Hanutpura, Via Amarsar,
District Jaipur, Rajasthan. At Present Posting At Gsss
Markhi, District Jaipur.
22. Virendra Singh Rathore S/o Shri Narpat Singh Rathore,
Aged About 55 Years, R/o Rathore Sadan, Hospital Road,
Kuchaman City, District Didwana- Kuchaman, Rajasthan.
At Present Posting At Gsss Jiliya, District Didwana-
Kuchaman.
23. Dalip Kumar Chhimpa S/o Shri Devilal Chhimpa, Aged
About 54 Years, R/o Surya Nagar, Street No.3,
Hanumangarh Town, District Hanumangarh, Rajasthan. At
Present Posting At Gsss, Munda, District -Hanumangarh.
24. Ram Narayan Saini S/o Shri Pokhar Mal Saini, Aged About
53 Years, R/o Dhani- Pokharwali Ward No. 25,
Shrimadhopur, District Sikar, Rajasthan. At Present
Posting At Gsss Bharni, Shrimadhopur District -Sikar.
25. Bhanwar Lal S/o Shri Bagtaram, Aged About 58 Years, R/
o Vpo- Gular, Tehsil Parbatsar, Via Badu, District Didwana-
Kuchaman, Rajasthan. At Present Posting At Ggsss, Badu,
District -Didwana- Kuchaman.
26. Dinesh Kumar Sharma S/o Shri Bajrang Prasad Sharma,
Aged About 58 Years, R/o Infront Of Munsif Court, Kisan
Colony Bansur, District Kotputli, Rajasthan. At Present
Posting At Pm Shri Gsss, Chatarpura, District - Kotputli.
27. Kailash Lakhwani S/o Shri Bhugro Mal Lakhwani, Aged
About 55 Years, R/o 583, Pragati Nagar, Kotra Residential
Scheme, Pushkar Road, District Ajmer, Rajasthan. At
Present Posting At Gups, Ratidang, Ajmer, District -Ajmer.
28. Mahesh Tekchandani S/o Shri Dewanas Tekchandani,
Aged About 54 Years, R/o House No. 323/22 Diggi
Chowk, District Ajmer, Rajasthan. At Present Posting At
Gsss, Dantra (Pisangan), District -Ajmer.
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29. Puran Mal Kumhar S/o Shri Onkar Mal, Aged About 59
Years, R/o Vpo- Tarnau, Tehsil Jayal, District Nagaur,
Rajasthan. At Present Posting At Gsss, Rohina, District -
Nagaur.
30. Shyoram S/o Shri Harjiram, Aged About 58 Years, R/o
Village Likhiyash, Post Khanpur, Tehsil Parbatsar, District
Didwana- Kuchaman, Rajasthan. At Present Posting At
Gsss, Piplad, District -Didwana- Kuchaman.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. Director, Elementary Education, District Bikaner.
3. Director, Secondary Education, District Bikaner.
4. The Joint Director, Education Department, District Ajmer.
5. The Joint Director, Education Department, District
Jodhpur.
6. The District Education Officer Secondary / Elementary
Education, District Sri Ganganagar.
7. The District Education Officer Secondary / Elementary
Education, District Didwana- Kuchaman.
8. The District Education Officer Secondary / Elementary
Education, District Nagaur.
9. The District Education Officer Secondary / Elementary
Education, District Alwar.
10. The District Education Officer Secondary / Elementary
Education, District Sawai Madhopur.
11. The District Education Officer Secondary / Elementary
Education, District Tonk.
12. The District Education Officer Secondary / Elementary
Education, District Hanumangarh.
13. The District Education Officer Secondary / Elementary
Education, District Baran.
14. The District Education Officer Secondary / Elementary
Education, District Tijara.
15. The District Education Officer Secondary / Elementary
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Education, District Jaipur.
16. The District Education Officer Secondary / Elementary
Education, District Jhunjhunu.
17. The District Education Officer Secondary / Elementary
Education, District Sikar.
18. The District Education Officer Secondary / Elementary
Education, District Behror.
19. The District Education Officer Secondary / Elementary
Education, District Ajmer.
20. The District Education Officer Secondary / Elementary
Education, District Churu.
21. The Chief Block Education Officer, Makrana, District
Didwana- Kuchaman.
22. The District Education Officer Secondary / Elementary
Education, District Bikaner.
23. The Deputy Director, Elementary / Secondary, Jaipur
Division.
24. The Chief Block Education Officer, Prabatsar, District
Didwana- Kuchaman.
----Respondents
For Petitioner(s) : Mr. Shaurya Pratap Singh Rathore
For Respondent(s) : ---
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
23/03/2026
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 :
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"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."
2. Learned counsel further submits that, for the present, the
petitioners would be satisfied if the Respondent-State is directed
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.
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4. In case, a representation is so addressed within the aforesaid
period, the Respondent-State 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 aforesaid observations and directions, the writ
application stands disposed of.
6. The order has been passed based on the submissions made
in the petition, however, 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.
(SANJEET PUROHIT),J 40-shashikant/-
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