Rajasthan High Court - Jodhpur
Bhanwarlal vs State Of Rajasthan And Ors on 14 March, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 15411/2018
Ashok Kumar Sharma S/o Madan Lal Sharma, Aged About 28
Years, R/o Village Post Gandrawa Tehsil Sikray District Dausa,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Dausa.
4. The Development Officer, Panhayat Samiti, Pipalkhunt,
Distt. Dausa.
5. The Development Officer, Panhayat Samiti, Sikray Distt.
Dausa.
6. The Block Elementary Education Officer, Pipal Khunt,
Distt. Pratapgarh.
7. The Block Elementary Education Officer, Sikray, Distt.
Dausa.
8. Panchayat Elementary Education Officer, Gandrawa Tehsil
Sikray District Dausa.
9. Panchayat Elementary Education Officer, Bakthod Tehsil
Pipal Khunt District Pratapgarh.
----Respondents
Connected With
S.B. Civil Writ No. 14906/2017
Dayachand Meena S/o Shri Ramdhan Meena, By Caste- Meena,
Resident Of Bilwa Khurd, Post Memsar Khedi, Tehsil- Bassi,
Jaipur, Presently Posted As Teacher At Govt. Primary School,
Hamirani, Panchayat Samiti- Shiv, District- Barmer, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan Through Secretary, Department
Of Rural Development And Panchayati Raj, Government
Of Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Barmer.
3. District Education Officer Elementary, Barmer.
4. Block Elementary Education Officer, Panchayat Samiti,
Shiv, District Barmer.
5. The Chief Executive Officer, Zila Parishad, Jaipur.
6. District Education Officer Elementary, Jaipur.
7. Block Elementary Education Officer, Panchayat Samiti,
Jamwaramgarh, District Jaipur.
(2 of 22) [CW-15411/2018]
----Respondents
S.B. Civil Writ No. 2841/2018
Bhanwarlal Son Of Tiku Ram, By Caste Meghwal, Resident Of Vill.
Post Sri Karanpur, Tehsil Sri Karanpur, District Ganganagar
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan Through The Secretary, Rural And
Panchayati Raj Department, Government Of Rajasthan,
Jaipur, Rajasthan.
2. Zila Parishad, Sri Ganganagar., Through The Chief
Executive Officer.
3. Zila Parishad, Barmer., Through The Chief Executive
Officer.
4. The Block Elementary Education Officer, Sri Karanpur,
District Sri Ganganagar.
5. The Block Elementary Education Officer, Baytu, District-
Barmer.
6. Vikas Adhikari, Panchayat Samiti-Sri Karanpur, District Sri
Ganganagar.
7. Vikas Adhikari, Panchayat Samiti- Baytu, District Barmer.
----Respondents
S.B. Civil Writ No. 2906/2018
Sharwan Kumar Bunkar S/o Shri Kishan Lal Bunkar, Resident Of
Dhani Redan, Peeplod, Narayan, Post Devipura, Tehsil Shahpura,
District Jaipur At Present Posted As Teacher Grade-Iii Govt.
Primary School, Meghwalo Ki Basti Indroi, Panchayat Samiti
Ramsar, District Barmer.
----Petitioner
Versus
1. The State Of Rajasthan Through The Secretary, Rural And
Panchayati Raj Department, Government Of Rajasthan,
Jaipur, Rajasthan.
2. The Chief Executive Officer, Zila Parishad, Barmer.
3. The District Education Officer Elementary, Barmer.
4. The Block Elementary Education Officer, Panchayat
Samiti, Ramsar, District Barmer.
5. The Vikas Adhikari, Panchayat Samiti, Ramsar, District
Barmer.
6. The Chief Executive Officer, Zila Parishad, Jaipur.
7. The District Education Officer, Elementary, Jaipur.
8. The Vikas Adhikari, Panchayat Samiti, Shahpura, District
Jaipur.
9. The Vikas Adhikari, Panchayat Samiti, Shahpura, District
Jaipur.
----Respondents
(3 of 22) [CW-15411/2018]
S.B. Civil Writ No. 5076/2018
Rahul Kumar Katariya S/o Banwari Lal Katariya, R/o
Khoraladkhani Via Gathwari Tehsil Shahpura District Jaipur
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. Panchayat Elementary Education Office, Palri, District
Jaipur.
3. The Chief Executive Officer, Zila Parishad, Jodhpur.
4. The Chief Executive Officer, Zila Parishad, Jaipur.
5. The District Education Officer Primary Education, Jodhpur
6. The District Education Officer Primary Education, Jaipur
7. Block Elementary Education Officer, Phalodi District
Jodhpur
8. Block Elementary Education Officer, Palri, District Jaipur.
9. The District Education Officer, Secondary Education,
Phalodi District Jodhpur
10. The District Education Officer, Secondary Education, Palri,
District Jaipur.
----Respondents
S.B. Civil Writ No. 13824/2018
Ankush Jain S/o Shri Mohan Lal Jain, Aged About 29 Years,
Presently Posted As Teacher Grade Iii At Government Upper
Primary School, Mandirgarh Panchayat Samiti Laadpura District
Kota.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Jhalawar.
3. The Chief Executive Officer, Zila Parishad, Kota.
4. The Block Development Officer, Panchayat Samiti,
Bhawani Mandi, Distt. Jhalawar.
5. The Block Development Officer, Panchayat Samiti
Laadpura, Distt. Kota.
6. The Block Elementary Education Officer, Panchayat Samiti
, Bhawani Mandi, Distt. Jhalawar.
7. The Block Elementary Education Officer, Panchayat Samiti
Laadpura, Distt. Kota.
8. Panchayat Elementary Education Officer, Aawali Block
Bhawanimandi District Jhalawar.
9. Panchayat Elementary Education Officer, Bhwariya Block
(4 of 22) [CW-15411/2018]
Laadpura, District Kota.
----Respondents
S.B. Civil Writ No. 15414/2018
Lokesh Kumar Sharma S/o Narayan Sharma, Aged About 30
Years, R/o Jalda Junction Kathumar, District Alwar.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Alwar.
4. The Development Officer, Panchayat Samiti, Pipal Khunt,
Distt. Pratapgarh.
5. The Development Officer, Panchayat Samiti, Raj Garh,
Distt. Alwar.
6. The Block Elementary Education Officer, Pipal Khunt,
Distt. Pratapgarh.
7. The Block Elementary Education Officer, Raj Garh, Distt.
Alwar.
8. Panchayat Elementary Education Officer, Rohniya Pipal
Khunt District Pratapgarh.
9. Panchayat Elementary Education Officer, Nathalwada,
Rajgarh District Alwar.
----Respondents
S.B. Civil Writ No. 15417/2018
Narendra Kumar Sharma S/o Ramesh Kumar Sharma, Aged
About 29 Years, R/o Ramlila Maidan District Dausa, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Dausa.
4. The Development Officer, Panchayat Samiti, Pratapgarh,
Distt. Pratapgarh.
5. The Development Officer, Panhayat Samiti, Bandikui,
Distt. Dausa.
6. The Block Elementary Education Officer, Pratapgarh, Distt.
Pratapgarh.
7. The Block Elementary Education Officer, Bandikui, Distt.
Dausa.
8. Panchayat Elementary Education Officer, Pandava, Distt.
Pratapgarh.
(5 of 22) [CW-15411/2018]
9. Panchayat Elementary Education Officer, Baswa District
Pratapgarh.
----Respondents
S.B. Civil Writ No. 15432/2018
Ashish Sharma S/o Amar Chand Saharama, Aged About 28
Years, R/o Mokhya Bazar Biwai Tehsil Baswa District Dausa.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Dausa.
4. The Development Officer, Panchayat Samiti, Pratapgarh,
Distt. Pratapgarh.
5. The Development Officer, Panchayat Samiti, Bandikui,
Distt. Dausa.
6. The Block Elementary Education Officer, Pratapgarh, Distt.
Pratapgarh.
7. The Block Elementary Education Officer, Bandikui, Distt.
Dausa.
8. Panchayat Elementary Education Officer, Pal, Distt.
Pratapgarh.
9. Panchayat Elementary Education Officer, Nangal
Jhamarwara District Pratapgarh.
----Respondents
S.B. Civil Writ No. 15433/2018
Om Prakash Meena S/o Arjun Lal Meena, Aged About 33 Years,
R/o Chundala Post Gadhi Sawai Ram Tehsil Rajgarh,district
Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Jalore.
3. The Chief Executive Officer, Zila Parishad, Alwar.
4. The Development Officer, Panchayat Samiti, Reni, Distt.
Alwar.
5. The Development Officer, Panchyat Samiti, Jaswantpura,
Distt. Jalore.
6. The Block Elementary Education Officer, Reni, Distt. Alwar.
7. The Block Elementary Education Officer, Jaswantpura,
Distt. Jalore.
8. Panchayat Elementary Education Officer, Bharuri,
Jaswantpura, Jalore.
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9. Panchayat Elementary Education Officer, Bebeli, Reni,
District Alwar.
----Respondents
S.B. Civil Writ No. 15441/2018
Nitin Kumar Sharma S/o Bhagwan Sahay Sharma, Aged About
28 Years, R/o Kalipahari Post Station Rajaji, Rajgarh, Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratpagarh.
3. The Chief Executive Officer, Zila Parishad, Alwar.
4. The Development Officer, Panchayat Samiti, Pipal Khunt,
Distt. Pratapgarh.
5. The Development Officer, Panchayat Samiti, Raj Garh,
Distt. Alwar.
6. The Block Elementary Education Officer, Pipal Khunt,
Distt. Pratapgarh.
7. The Block Elementary Education Officer, Raj Garh, Distt.
Alwar.
8. Panchayat Elementary Education Officer, Dunglawani,
Pipal Khunt District Pratapgarh.
9. Panchayat Elementary Education Officer, Dhamrer,
Rajgarh, District Alwar.
----Respondents
S.B. Civil Writ No. 15443/2018
Ravi Kant Katara S/o Shiv Ram Katara, Aged About 29 Years, R/o
Village Post Dhanota Tehsil Bharatpur District Bharatpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Bharatpur.
4. The Development Officer, Panchayat Samiti, Arnod, Distt.
Pratapgarh.
5. The Development Officer, Panchayat Samiti, Sewar Distt.
Bharatpur.
6. The Block Elementary Education Officer, Sewar Distt.
Bharatpur.
7. The Block Elementary Education Officer, Arnod, Distt.
Pratapgarh.
8. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Mahua, P.s. Sewar District Bharatpur.
(7 of 22) [CW-15411/2018]
9. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Mahua, P.s. Sewar District Bharatpur.
----Respondents
S.B. Civil Writ No. 16524/2018
Indu Sharma D/o Chhote Lal Sharma, Aged About 27 Years, R/o
Village Post Januthar Tehsil Deeg District Bharatpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary-Cum
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Udaipur.
3. The Chief Executive Officer, Zila Parishad, Bharatpur.
4. The Development Officer, Panchayat Samiti, Jhadol, Distt.
Udaipur.
5. The Development Officer, Pancyhayat Samiti, Sewar Distt.
Bharatpur.
6. The Block Elementary Education Officer, Panchayat
Samiti, Jhadol, Distt. Udaipur.
7. The Block Elementary Education Officer, Panchayat
Samiti, Sewar Distt. Bharatpur.
8. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Bichiwara, Distt. Udaipur.
9. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Mahua, P.s Sewar, District Bharatpur.
----Respondents
S.B. Civil Writ No. 16525/2018
Vikash Sharma S/o Chhotelal Sharma, Aged About 28 Years, R/o
Behind Collectorate, Navgarh Kund, Bharatpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary Cum
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Office, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Bharatpur.
4. The Development Officer, Panchayat Samiti Sewar, Distt.
Bharatpur.
5. The Development Officer, Panchayat Samitima Arnod
Distt. Pratapgarh.
6. The Block Elementary Education Officer, Panchayat
Samiti, Sewar, Distt. Bharatpur.
7. The Block Elementary Education Officer, Panchayat
Samiti, Arnod Distt. Pratapgarh.
8. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Ganvdi P.s. Sewar Distt. Bharatpur.
(8 of 22) [CW-15411/2018]
9. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Uthel P.s. Arnod, Distt. Pratapgarh.
----Respondents
S.B. Civil Writ No. 16541/2018
Pradeep Kumar Shrama S/o Jagdeesh Prasad Sharma, Aged
About 28 Years, Village Post Kyarda Khurd Tehsil Hindaun City,
Karauli.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Karauli.
4. The Development Officer, Panchayat Samiti, Hindaun
City, Distt. Karauli.
5. The Development Officer, Panchayat Samiti, Karauli,
Distt. Karauli.
6. The Development Officer, Panchayat Samiti, Arnod,
Distt. Pratapgarh.
7. The Block Elementary Education Officer, Panchayat
Samiti, Hindaun City, Distt. Karauli.
8. The Block Elementary Education Officer, Panchayat
Samiti, Karauli, Distt. Karauli.
9. The Block Elementary Education Officer, Panchayat
Samiti, Karauli, Distt. Karauli.
10. Panchayat Elementary Education Officer, Govt. Aadarsh
Sr. Secondary School, Kota Chhabar, Distt. Karauli,
Distt. Karauli.
11. Panchayat Elementary Education Officer, Govt. Aadarsh
Sr. Secondary School, Bai Jatt P.s. Hindaun City, Distt.
Karauli.
12. Panchayat Elementary Education Officer, Govt. Sr.
(9 of 22) [CW-15411/2018]
Secondary School, Jajli P.s. Arnod, Distt. Pratapgarh.
----Respondents
S.B. Civil Writ No. 16544/2018
Punit Kumar Bhardwaj S/o Awdhesh Kumar Sharma, Aged About
30 Years, Vpo Gudha Chandani Tehsil Nadoti District Karoli.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary-Cum
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Karoli.
4. The Development Officer, Panchayat Samiti, Pratapgarh,
Distt. Pratapgarh.
5. The Development Officer, Panchayat Samiti, Nadoti, Distt.
Karoli.
6. The Block Elementary Education Officer, Pratapgarh, Distt.
Pratapgarh.
7. The Block Elementary Education Officer, Nadoti , Distt.
Karoli.
8. Panchayat Elementary Education Officer, Kachotiya,
Pratapgarh, Distt. Pratapgarh.
9. Panchayat Elementary Education Officer, Rajahera,
Nadoti, District Karoli.
----Respondents
S.B. Civil Writ No. 16547/2018
Amtesh Kumar S/o Rajendra Prasad, Aged About 26 Years,
Village Post Kalsara Tehsil Bayana, District Bharatpur, Rajasthan.
----Petitioner
Versus
(10 of 22) [CW-15411/2018]
1. The State Of Rajasthan, Through Its Secretary-Cum
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Bharatpur.
4. The Development Officer, Panchayat Samiti Bayana, Distt.
Bharatpur.
5. The Development Officer, Pancyhayat Samiti, Arnod,
Distt. Pratapgarh.
6. The Block Elementary Education Officer, Panchayat
Samiti, Bayana, Distt. Bharatpur.
7. The Block Elementary Education Officer, Panchayat
Samiti, Arnod Distt. Pratapgarh.
8. Panchayat Elementary Education Officer, Govt. Aadarsh
Sr. Secondary School, Morouli, Jaspura, P.s. Bayana,
Distt. Bharatpur.
9. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Raipur Jangal, Distt. Pratapgarh.
----Respondents
S.B. Civil Writ No. 16548/2018
Vijay Kumar Khandelwal S/o Mukesh Kumar Khandelwal, Aged
About 28 Years, R/o Hakim Ji Ka Katra, Purani Deeg District
Bharatpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary-Cum
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Bharatpur.
4. The Development Officer, Panchayat Samiti, Deeg, Distt.
Bharatpur.
5. The Development Officer, Pancyhayat Samiti, Pratapgarh
Distt. Pratapgarh.
6. The Block Elementary Education Officer, Panchayat
Samiti, Deeg Distt. Bharatpur.
7. The Block Elementary Education Officer, Panchayat
Samiti, Pratapgarh Distt. Pratapgarh.
8. Panchayat Elementary Education Officer, Govt. Aadarsh
Sr. Secondary School, Shyorawali, P.s Deeg, District
Bharatpur.
9. Panchayat Elementary Education Officer, Govt. Aadarsh
Sr. Secondary School, Pall, P.s Pratapgarh, District
Pratapgarh.
----Respondents
S.B. Civil Writ No. 16551/2018
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Priti Kumari D/o Rameshchandra Sharma, Aged About 27 Years,
Village Post Khangri Tehsil Nadbai, District Bharatpur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Bharatpur.
4. The Development Officer, Panchayat Samiti, Pratapgarh,
Distt. Pratapgarh.
5. The Development Officer, Panchayat Samiti, Nadbai, Distt.
Bharatpur.
6. The Block Elementary Education Officer, Pratapgarh, Distt.
Pratapgarh.
7. The Block Elementary Education Officer, Nadbai, Distt.
Bharatpur.
8. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Baranparda Pratapgarh, Distt.
Pratapgarh.
9. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Nytha, District Bharatpur.
----Respondents
S.B. Civil Writ No. 16566/2018
Ankit Sharma S/o Vijay Kumar Sharma, Aged About 28 Years,
R/o Chandra Printing Press, Near Laxman Mandir, Deeg Tehsil
Deeg District Bharatpur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary-Cum
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pratapgarh.
3. The Chief Executive Officer, Zila Parishad, Bharatpur.
4. The Development Officer, Panchayat Samiti, Arnod, Distt.
Pratapgarh.
5. The Development Officer, Panchayat Samiti, Deeg Distt.
Bharatpur.
6. The Block Elementary Education Officer, Panchayat
Samiti, Deeg Distt. Bharatpur.
7. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Bedma, P.s Arnod, Distt. Pratapgarh.
8. Panchayat Elementary Education Officer, Govt. Sr.
Secondary School, Badha Chauth, P.s Deeg, District
Bharatpur.
----Respondents
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S.B. Civil Writ No. 17234/2018
Bhuvnesh Agarwal S/o Shri Suresh Chandra, Aged About 37
Years, By Caste Agarwal, R/o Ramesh Kirana Store, Main Market,
Kishangarhbas, District- Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director (Elementary Education), Bikaner.
3. The District Education Officer (Elementary Education),
Sirohi.
4. The Block Elementary Education Officer, Panchayat
Samiti- Revdhar, District- Sirohi.
5. The Vikas Adhikari, Panchayat Samiti- Revdhar, District-
Sirohi.
6. Zila Parishad Sirohi, Through Its Chief Executive Officer.
7. Zila Parishad Alwar., Through Its Chief Executive Officer.
8. The Vikas Adhikari, Panchayat Samit Kishangarhbas,
District- Alwar.
9. The Block Elementary Education Officer, Panchayat
Samiti- Kishangarhbas, District- Alwar.
----Respondents
S.B. Civil Writ No. 17260/2018
Pawan Kumar Ahuja S/o Om Prakash Ahuja, Aged About 23
Years, By Caste Ahuja, Mahadev Colony, Alwar Road,
Kishangarhbas, District- Alwar, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Government Of Rajasthan, Jaipur, Rajasthan
2. The Director (Elementary Education), Bikaner
3. The District Education Officer (Elementary Education),
Jalore
4. The Block Elementary Education Officer, Panchayat
Samiti- Bhinmal, District Jalore
5. The Vikas Adhikari, Panchayat Samiti- Bhinmal, District
Jalore
6. Zila Parishad Jalore, Through Its Chief Executive Officer
7. Zila Parishad Alwar, Through Its Chief Executive Officer
8. The Vikas Adhikari, Panchayat Samiti- Kishngarhbas,
District- Alwar
9. The Block Elementary Educatino Officer, Panchayt Samiti-
Kishangarhbas, District Alwar
----Respondents
(13 of 22) [CW-15411/2018]
S.B. Civil Writ No. 17263/2018
Kaushalya Godara D/o Shri Banwarilal Godara, Aged About 28
Years, By Caste Jat, Village Post Harasar, Tehsil Sujangarh,
District- Churu, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Government Of Rajasthan, Jaipur, Rajasthan
2. The Director (Elementary Education), Bikaner
3. The District Education Officer (Elementary Education),
Jalore
4. The Block Elementary Education Officer, Panchayat
Samiti- Bhinmal, District Jalore
5. The Vikas Adhikari, Panchayat Samiti- Bhinmal, District
Jalore
6. Zila Parishad Jalore, Through Its Chief Executive Officer
7. Zila Parishad Churu, Through Its Chief Executive Officer
8. The Vikas Adhikari, Panchayat Samiti- Bidasar, District
Churu
9. The Block Elementary Education Officer, Panchayat
Samiti- Bidasar, District Churu
----Respondents
S.B. Civil Writ No. 17269/2018
Kapil Kumar Gupta S/o Shri Om Prakash Gupta, Aged About 33
Years, By Caste Gupta, R/o- 235, Shanti Kunj, District- Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Government Of Rajasthan, Jaipur, Rajasthan
2. The Director (Elementary Education), Bikaner
3. The District Education Officer (Elementary Education),
Pratapgarh.
4. The Block Elementary Education Officer, Panchayat
Samiti- Chotti Sadari, District- Pratapgarh.
5. The Vikas Adhikari, Panchayat Samiti- Chhoti Sadari,
District- Pratapgarh.
6. Zila Parishad Pratapgarh., Through Its Chief Executive
Officer.
7. Zila Parishad Alwar, Through Its Chief Executive Officer
8. The Vikas Adhikari, Panchayat Samiti- Umeran, District-
Alwar.
9. The Block Elementary Education Officer, Panchayat
Samiti- Umeran, District- Alwar.
----Respondents
S.B. Civil Writ No. 17270/2018
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Hansraj Gurjar S/o Shri Dewa Lal, Aged About 36 Years, By
Caste Gurjar, Resident Of-Jhilay, Tehsil Niwai, District-Tonk,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Government Of Rajasthan, Jaipur, Rajasthan
2. The Director (Elementary Education), Bikaner.
3. The District Education Officer (Elementary Education),
Tonk.
4. The Block Elementary Education Officer, Panchayat
Samiti- Niwai, District-Tonk.
5. The Vikas Adhikari, Panchayat Samiti- Niwai, District-
Tonk.
6. Zila Parishad Tonk, Through Its Chief Executive Officer.
7. Zila Parishad, Chhitorgarh, Through Its Chief Executive
Officer.
8. The Vikas Adhikari, Panchayat Samiti- Beghu, District-
Chhitorgarh.
9. The Block Elementary Education Officer, Panchayat
Samiti- Beghu, District-Chhitorgarh.
----Respondents
S.B. Civil Writ No. 17347/2018
Kapil Jaiman S/o Shri Shyama Kant, Aged About 37 Years, By
Caste Jaiman, R/o- Ramnagar Colony, Near New Bus Stand,
Rajgarh, District- Alwar, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director (Elementary Education), Bikaner
3. The District Education Officer (Elementary Education),
Jalore.
4. The Block Elementary Education Officer, Panchayat
Samiti-Raniwara, District Jalore.
5. The Vikas Adhikari, Panchayat Samiti-Raniwara, District
Jalore
6. Zila Parishad Jalore, Through Its Chief Executive Officer
7. Zila Parishad Alwar, Through Its Chief Executive Officer
8. The Vikas Adhikari, Panchayat Samiti- Reni, District-
Alwar.
9. The Block Elementary Education Officer, Panchayat
Samiti- Reni, District- Alwar.
----Respondents
S.B. Civil Writ No. 17350/2018
(15 of 22) [CW-15411/2018]
Mahendra Singh S/o Shri Ballu Ram Jat, Aged About 33 Years,
By Caste Jat, R/o V.p.o- Harsauli, (Arya Samaj Ke Pass), Tehsil-
Kotkasim, District- Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director (Elementary Education), Bikaner
3. The District Education Officer (Elementary Education),
Pratapgarh.
4. The Block Elementary Education Officer, Panchayat
Samiti- Chotti Sadari, District- Pratapgarh.
5. The Vikas Adhikari, Panchayat Samiti- Chotti Sadari,
District- Pratapgarh.
6. Zila Parishad Pratapgarh, Through Its Chief Executive
Officer.
7. Zila Parishad Alwar, Through Its Chief Executive Officer.
8. The Vikas Adhikari, Panchayat Samiti- Kishangarhbas,
District- Alwar.
9. The Block Elementary Education Officer, Panchayat
Samiti- Kishangarhbas, District- Alwar.
----Respondents
S.B. Civil Writ No. 17353/2018
Vimal Kumar Jangid S/o Shri Devishahi Jangid, Aged About 32
Years, By Caste Suthar, Village/post - Talawgoan, Tehsil Lalsot,
District- Dausa, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Government Of Rajasthan, Jaipur, Rajasthan
2. The Director (Elementary Education), Bikaner
3. The District Education Officer (Elementary Education),
Tonk
4. The Block Elementary Education Officer, Panchayat
Samiti- Niwai, District- Tonk
5. The Vikas Adhikari, Panchayat Samiti- Niwai, District-
Tonk
6. Zila Parishad Tonk, Through Its Chief Executive Officer.
7. Zila Parishad Barmer, Through Its Chief Executive Officer.
8. The Vikash Adhikari, Panchayat Barmer, District- Barmer
9. The Block Elementary Education Officer, Panchayat
Samiti- Barmer, District- Barmer
----Respondents
S.B. Civil Writ No. 17427/2018
(16 of 22) [CW-15411/2018]
Sunil Kumar S/o Shri Rajkaran Singh, Aged About 33 Years, R/o
Village And Post Hansalsar, Tehsil Udaipurwati, District
Jhunjhunu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Barmer.
3. The Chief Executive Officer, Zila Parishad, Jhunjhunu.
4. The Development Officer, Panchayat Samiti, Dhorimanna,
Distt. Barmer.
5. The Development Officer, Panchayat Samiti Udaipurwati,
Distt. Jhunjhunu.
6. The Block Elementary Education Officer, Dhorimanna,
Distt. Barmer.
7. The Block Elementary Education Officer, Udaipurwati,
Distt. Jhunjhunu.
8. Panchayat Elementary Education Officer, Bor- Charanan,
Dhorimanna, Distt. Barmer.
9. Panchayat Elementary Education Officer, Baragaon, Distt.
Jhunjhunu.
----Respondents
S.B. Civil Writ No. 17765/2018
Ratan Lal Revati S/o Rajaram Revati, Aged About 30 Years,
Village And Post Baler, Tehsil Khandar, District Sawai Madhopur,
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary-Cum
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Dholpur.
3. The Chief Executive Officer, Zila Parishad, Sawai
Madhopur.
4. The Development Officer, Panchayat Samiti, Basedi, Distt.
Dholpur.
5. The Development Officer, Panchayat Samiti, Khandar,
Distt. Sawaimadhopur.
6. The Block Elementary Education Officer, Basedi, Distt.
Dholpur.
7. The Block Elementary Education Officer, Khandar, Distt.
Sawaimadhopur.
8. Panchayat Elementary Education Officer, Saramthura,
Basedi District Dholpur.
9. Panchayat Elementary Education Officer, Kuredi, Khandar,
(17 of 22) [CW-15411/2018]
Distt. Sawaimadhopur.
----Respondents
S.B. Civil Writ No. 3472/2019
Ganpat Lal Meena S/o Bheru Lal Meena, Aged About 50 Years,
Village Post Karad Via Khachriyawas District Sikar, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary-Cum-
Commissioner, Rural Development And Panchayati Raj
Department, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, District Sirohi.
3. The Chief Executive Officer, Zila Parishad, District Sikar.
4. The Development Officer, Panchayat Samiti, Sirohi,
District Sirohi, Rajasthan.
5. The Development Officer, Panchayat Samiti, Neem Ka
Thana, District Sikar.
6. The Block Elementary Education Officer, Panchayat
Samiti, Sirohi, District Sirohi, Rajasthan.
7. The Block Elementary Education Officer, Panchayat
Samiti, Neem Ka Thana, District Sikar.
----Respondents
For Petitioner(s) : Mr. Shreekant Verma.
Mr. K.R. Saharan.
Mr. B.R. Chahar for
Mr. R.S. Choudhary.
For Respondent(s) : Mr. Sunil Beniwal, AAG.
Mr. Utkarsh Singh.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 14/03/2019 These writ petitions have been filed by the petitioners aggrieved against the Circulars / orders dated 2.9.2015 and 4.12.2017 issued by the respondents, whereby, it was indicated that those teachers, who were appointed under Recruitment, 2012 and have again got recruited under Recruitment, 2013 and joined pursuant to the fresh Recruitment, their past services shall not be counted.
(18 of 22) [CW-15411/2018] Another aspect, which has been raised in the writ petitions pertain to the effect of resignation tendered by the petitioners from the post of Teacher Gr.III from the earlier posting and thereafter, they have taken up assignment based on the Recruitment, 2013.
Several submissions have been made in the writ petitions and essentially reliance has been placed on judgment of this Court in Dhanraj Meena v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.12846/2017, decided on 15.1.2018.
Learned counsel for the petitioners, in relation to the fact that petitioners had resigned for taking up the assignment pursuant to Recruitment, 2013, made submissions that though the petitioners were granted permission to take up the fresh assignment, restrictions were put regarding the counting of their past services, which restrictions are de hors the rules.
Reliance has been placed on the provisions of Rule 25(2) of the Rajasthan Pension Rules, 1996 ('the Rules of 1996').
A prayer has been made that the writ petitions filed by the petitioners may be allowed and the respondents be directed to count the past services of the petitioners in terms of the judgment in the case of Dhanraj Meena (supra).
Learned Additional Advocate General appearing for the respondents made submissions that the petitions essentially have been rendered infructuous in view of the decision taken by the State by its Circular dated 9.8.2018 (Annex.R/1), wherein, the State decided to accept the directions in the case of Dhanraj Meena (supra) / Virender Singh v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.13544/2017, decided on 15.1.2018 and directions have been issued in this regard.
(19 of 22) [CW-15411/2018] Regarding the fact that as the petitioners have resigned from service before taking up the new assignment pursuant to the Recruitment, 2013, feeble submissions were made that as the permission granted was conditional / no permission was sought, the petitioners cannot seek to go back from the conditions of the permission / seek any relief.
Additionally, replies have also been filed inter alia indicating that the resignations of the petitioners were accepted. It was prayed that in view of the above fact situation, the petitioners, despite issuance of the Circular dated 9.8.2018 (Annex.R/1), are not entitled to any relief.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
It is not in dispute that the petitioners were recruited as Teachers Gr.III during Recruitment, 2012 and were posted at particular districts. When Recruitment, 2013 was held, the petitioners with a view to take chance to get appointment in their home districts, again applied and were successful in getting appointments at district of their choice.
Based on the above situation, they applied for permission to get relieved from place of their posting. Apparently, the relieving was not granted forcing the petitioners to resign from the post for taking up the assignment at their home districts / districts of their choice pursuant to the Recruitment, 2013.
When similar nature matters came up before this Court, wherein, petitioners were directed to be relieved by way of interim order and they were relieved and the period of their service was not being counted for the purpose of provisions of Rule 24 & 26 of the Rules of 1996, petitions were decided by lead judgment in the (20 of 22) [CW-15411/2018] case of Dhanraj Meena (supra), wherein, following directions were issued:-
"In view thereof, the writ petitions filed by the petitioners are allowed, as the petitioners have already been relieved pursuant to the interim orders passed by this Court, the said interim orders passed by this Court directing to relieve the petitioners are made absolute.
It is further directed that the respondents while dealing with the cases of the petitioners pertaining to their pay fixation etc. would follow the provisions of Rules 24 and 26 of the RSR as per law.
In cases where the petitioners have been relieved provisionally under the directions of this Court, the Authorities would pass appropriate orders pertaining to relieving of the petitioners alongwith their last pay certificate (L.P.C.), where they were serving earlier."
Pursuant thereto, vide Circular dated 9.8.2018 (Annex.R/1), the respondents have decided not to challenge the order (supra) and have issued guidelines for following the directions in the case of Dhanraj Meena (supra) / Virender Singh (supra), while superseding the Circulars dated 2.9.2015 and 4.12.2017.
In view of the fact that the circulars, which have been challenged by the petitioners in the present writ petitions, already stand superseded by order dated 9.8.2018 (Annex.R/1) and essentially the relief as prayed has been granted by the respondents, the petitions to that extent have been rendered infructuous.
However, in view of the fact that in case of Dhanraj Meena (supra) / Virender Singh (supra), the candidates had not resigned and they were relieved under the directions of the Court and the present petitioners had resigned from previous service, their cases (21 of 22) [CW-15411/2018] are sought to be distinguished. Such distinction is contrary to the express provisions of Rule 25 of the Rules of 1996, which reads as under:-
"Rule 25. Forfeiture of service on resignation (1) Resignation from a service or a post, entails forfeiture of past service.
(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.
(3) Interruption in service in a case falling under sub-
rule (2), due to the two appointments being at different stations, not exceeding the joining time admissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government service on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him."
A bare look at sub-Rule 2 of Rule 25 reveals that even if a resignation is given to take up with proper permission, another appointment under the Government, where the service qualifies, the same does not entail forfeiture of past service and in those circumstances, the stand sought to be taken by the respondents on account of the resignations given by the petitioners, cannot be sustained.
Even in cases, where it is submitted that permission was not taken, in view of the fact that the Circular dated 9.8.2018 (Annex.R/1) does not make any distinction in the case of resignation and as the petitioners instead of approaching the Court as in the case of Dhanraj Meena & ors. (supra) were forced to resign, they cannot be discriminated.
(22 of 22) [CW-15411/2018] So far as the fact that in cases where permission was granted to the petitioners indicating restrictions is concerned, as the restrictions indicated are de hors the Rules and specifically Rule 25(2) of the Rules of 1996, cannot take away the benefits of the petitioners as conferred under the statute.
In view of the above factual and legal position, merely on account of petitioners have tendered resignation, they cannot be deprived of the benefit of counting of their past services.
In view of the above discussion, the writ petitions filed by the petitioners are allowed. The petitioners would be entitled to same relief as granted in the case of Dhanraj Meena (supra) / Virender Singh (supra) as per Circular dated 9.8.2018 (Annex.R/1).
Needful may be done by the respondents within a period of two months from today.
No order as to costs.
(ARUN BHANSALI),J Item No.18 to 47 & 330 Sumit/-
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