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Rajasthan High Court - Jodhpur

Mansharam Bhagora vs The State Of Rajasthan on 16 July, 2021

Author: Dinesh Mehta

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8698/2021

1. Mansharam Bhagora S/o Kodarlal Bhagora, Aged About 41 Years, Resident Of Bhagorapada Post Patiya, Tehsil Kherwara, District Udaipur. (Initially Posted At Gups Sandiyakhedi, P.s.khairavad, District Kota. Presently Posted At Gups Jambudi, P.s. Bichhiwada, District Dungarpur).

2. Bhanda Meena W/o Devilal Meena, Aged About 42 Years, Resident Of Chhabadi Mudi, Tehsil Sarada, District Udaipur. (Initially Posted At Gps Rajavato Ki Bhagal Chiboda, P.s. Salumbar, District Udaipur. Presently Posted At Gps Fattakhedi, P.s. Sarada, District Udaipur).

3. Jashoda Dodiyar D/o Jeevaji Dodiyar, Aged About 38 Years, Resident Of Nayatalab Post Chundawara, Tehsil Bichhiwara, District Dungarpur. (Initially Posted At Gups Bijaypur, P.s. Chittorgarh, District Chittorgarh. Presently Posted At Gsss Gamdi Dewal, P.s. Dungarpur, District Dungarpur).

4. Jashoda Meena D/o Rajaji Meena, Aged About 42 Years, Resident Of Mandwa Kagdar, Tehsil Reshabdeo, District Udaipur. (Initially Posted At Gups Sirsod Kala P.s. Shahbad, District Baran. Presently Posted At, Gups Bilkhai, Tehsil Rishabhdeo, District Udaipur).

5. Tulsi Damor, Aged About 39 Years, Resident Of Dungrafala Post Khandi Obari, Tehsil Kherwara, District Udaipur. (Initially Posted At Gups Premnagar Dagar, P.s. Salumbar, District Udaipur. Presently Posted At Gsss Kejad P.s. Sarada, District Udaipur).

6. Surajmal Dendor S/o Ratanlal Dendor, Aged About 45 Years, Resident Of Bamniya Vada Post Gariyta, P.s. Galiyakot, District Dungarpur. (Initially Posted At Gups Limbadiya, P.s. Simalwada, District Dungarpur. Presently Posted At Gsss Sagwara, P.s. Sagwara, District Dungarpur).

7. Ishwarlal Rana S/o Jorji Rana, Aged About 45 Years, Resident Of Babakibar, Tehsil Galiyakot, District Dungarpur. (Initially Posted At Gps Aakodada, P.s.jhadol Falasiya, District Udaipur. Presently Posted At Gups Foflibor, P.s. Galiyakot, District Dungarpur).

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8. Ramanlal Adiwasi S/o Haliyaji Adiwasi, Aged About 50 Years, Resident Of Vaniyap Post Silohi, P.s, Galiyakot, District Dungarpur. (Initially Posted At Gps Kurawali Khurd P.s. Jhadol (Falasiya), District Udaipur. Presently Posted At Gps Taravadi Fla (Variyap), P.s. Galiyakot, District Dungarpur).

9. Pushkar Lal Damor S/o Bhuraji Damor, Aged About 48 Years, Resident Of Kasariya, P.s. Galiyakot, District Dungarpur. (Initially Posted At Gps Punawali, P.s. Kotda, District Udaipur. Presently Posted At Gps Gandeli Fala, P.s Galiyakot, District Dungarpur.

10. Jayshree Masar D/o Jeevaji Masar, Aged About 39 Years, Resident Of Rajveda Post Ratdiya P.s. Galiyakot, District Dungarpur. (Initially Posted At Gps Gadriyavas Sakriyakhedi P.s. Mavali, District Udaipur. Presently Posted At Gps Dungariyafla, P.s. Galiyakot, District Dungarpur.

11. Kachralal Dendor S/o Hira Dendor, Aged About 46 Years, Resident Of Bamniyawada Postgariyata, P.s. Galiyakot, District Dungarpur. (Initially Posted At Gps Bamniya Fala, P.s. Simalwada, District Dungarpur. Presently Posted At Gsss Saleda, P.s.chikhli, District Dungarpur).

12. Heeralal Tabiyad S/o Motiji Tabiyad, Aged About 39 Years, Resident Of Panihari Post Dungarsaran, P.s. Chikhli, District Dungarpur. (Initially Posted At Gups Rakhi P.s. Bhadara, District Hanumangarh. Presently Posted At Gsss Saleda, P.s. Chikhli, District Dungarpur).

13. Sharmila Pargi D/o Maganbhai, Aged About 45 Years, Resident Of Chundawara, P.s. Bichhiwada, District Dungarpur. (Initially Posted At Gups Singpura, P.s. Sojat, District Pali. Presently Posted At Gups Ghonghafala, P.s. Bichhiwara, District Dungarpur).

14. Narendra Kumar Nayak S/o Devram, Aged About 48 Years, Resident Of Lodwada Post Gamdi Ahada, P.s. Bichhiwada, District Dungarpur. (Initially Posted At Gups Jhinjhwa Upla, P.s. Bichhiwara District Dungarpur. Presently Posted At Gups Jairfala, P.s. Bichhiwada, District Dungarpur).

15. Laxman Lal Baranda S/o Bhana Baranda, Aged About 43 Years, Resident Of Mada, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gups Pattalai Galandar, P.s.

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(3 of 7) [CW-8698/2021] Bichhiwara, District Dungarpur. Presently Posted At Gups Pattalai Galandar, P.s. Bichhiwara, District Dungarpur).

16. Rajendra Katara S/o Balkrishna Katara, Aged About 45 Years, Resident Of Galandar, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gups Pattalai Galandar, P.s. Bichhiwara, District Dungarpur. Presently Posted At Pattalai Galandar, P.s. Bichhiwara, District Dungarpur).

17. Vagji Bamaniya S/o Nathaji Bamaniya, Aged About 50 Years, Resident Of Bormata Post Chikhali, P.s. Chikhali, District Dungarpur. (Initially Posted At Gups Umarda, Tehsil Sangod, District Kota. Presently Posted At Gss Rangpur, P.s. Jhothri, District Dungarpur).

18. Dhuli Menat S/o Haliya Ji Menat, Aged About 45 Years, Resident Of Palisoda, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gps Regar Basti Nandvai, Tehsil Bengu, District Chittorgarh. Presently Posted At Gps Upala Fala, P.s. Bichhiwara, District Dungarpur).

19. Kamla Kumari Baranda W/o Kaluram Kharadi, Aged About 37 Years, Resident Of Palisoda, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gups Ghodakhera, Tehsil Doongla, District Chittorgarh. Presently Posted At Gups Jambudi, P.s. Bichhiwara, District Dungarpur).

20. Vimla Damor W/o Basantilal Damor, Aged About 42 Years, Resident Of Lambabhatda, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gps Sapatalia Ka Bhilwara, Tehsil Khamnor, District Rajsamand. Presently Posted At Gps Dariyapada, P.s. Bichhiwara, District Dungarpur).

21. Vikash Kumar Damor S/o Gautamlal Damor, Aged About 46 Years, Resident Of Lambabhatda, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gups Dedli, Tehsil Bichhiwara, District Dungarpur. Presently Posted At Gups Dedli, P.s. Bichhiwara, District Dungarpur).

22. Sushila Gameti D/o Kamaji Gameti, Aged About 40 Years, Resident Of Bor Ka Pani, Post Talaiya, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gsss Talaiya, Tehsil Bichhiwara, District Dungarpur. Presently Posted At Gsss Talaiya, Tehsil Bichhiwara, District Dungarpur).

23. Ramesh Chandra Garasiya S/o Ruplal, Aged About 47 Years, Resident Of Dhantalab Post Jhosava, P.s. Chitari, District Dungarpur. (Initially Posted At Gups Bhagroto Ka Guda Tehsil Mavali, District Udaipur. Presently Posted At (Downloaded on 16/07/2021 at 09:15:21 PM) (4 of 7) [CW-8698/2021] Gups Upaiya Tehsil Galiyakot, District Dungarpur).

24. Gatulal Amliya S/o Radheshyam Amliya, Aged About 47 Years, Resident Of Rangela Post Genji, P.s. Jhauthri, District Dungarpur. (Initially Posted At Gups Rojeda Tehsil Chittorgarh, District Chittorgarh. Presently Posted At Gups Mandela Nichli Tehsil Jhauthri, District Dungarpur).

25. Laxman Lal Bhanat S/o Hakari Bhanat, Aged About 46 Years, Resident Of Saslai Post Samodara, P.s. Chikhli, District Dungarpur. (Initially Posted At Gups Galiyakot Naveen Tehsil Galiyakot, District Dungarpur. Presently Posted At Gups Bavadi B Tehsil Chikhli, District Dungarpur).

26. Bharat Singh Damor S/o Ravji Damor, Aged About 47 Years, Resident Of Shishot Post Kochari, P.s. Chikhli, District Dungarpur. (Initially Posted At Gups Nai Basti Badgama Tehsil Simalwara, District Chittorgarh. Presently Posted At Gsss Nai Basti Badgama Tehsil Chikhli, District Dungarpur).

27. Vikram Kumar Yadav S/o Bhagwan Lal Yadav, Aged About 39 Years, Resident Of Atarsaubha, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gups Vakaner Badwas Badi Tehsil Kushalgadh, District Banswara. Presently Posted At Gsss Oda Bada Tehsil Bichhiwara, District Dungarpur).

28. Kurichand Damor S/o Amra Damor, Aged About 37 Years, Resident Of Pumrawara Post Ratanpur, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gups Bichhiwara Tehsil Bichhiwara, District Dungarpur. Presently Posted At Gsss Oda Bada Tehsil Bichhiwara, District Dungarpur).

29. Mohan Lal Gameti S/o Laxman Lal, Aged About 38 Years, Resident Of Talaiya Post Talaiya, P.s. Bichhiwara, District Dungarpur. (Initially Posted At Gps Kvaliya Dra Tehsil Bichhiwara, District Dungarpur. Presently Posted At Gps Kvaliya Dra Tehsil Bichhiwara, District Dungarpur).

30. Shobha Roat D/o Sukhlal Roat, Aged About 37 Years, Resident Of Mandela Upali Post Sasrpur, District Dungarpur. (Initially Posted At Gps Ramaiya Tehsil Jhauthari, District Dungarpur. Presently Posted At Gps Ramaiya Tehsil Jhauthari, District Dungarpur).

31. Lalita Ahari D/o Gautamlal Ahari, Aged About 30 Years, Resident Of Tatiya Post Ganeshpur, District Dungarpur. (Initially Posted At Gps Oda (Devla) Tehsil Aspur, District (Downloaded on 16/07/2021 at 09:15:21 PM) (5 of 7) [CW-8698/2021] Dungarpur. Presently Posted At Gps Oda (Devla) Tehsil Aspur, District Dungarpur).

32. Harish Chandra Bhil S/o Manaram Bhil, Aged About 47 Years, Resident Of Dewal Fala Satiyala Tehsil Bichhiwara, District Dungarpur. (Initially Posted At Gups Mavali Tehsil Mavali, District Udaipur. Presently Posted At Gups Mavali Tehsil Mavali, District Udaipur).

33. Thavarchand Koted S/o Valji Koted, Aged About 47 Years, Resident Of Ghoghra Fala Post Paldewal, District Dungarpur. (Initially Posted At Gups Batka Fala Tehsil Bichhiwara, District Dungarpur. Presently Posted At Gsss Batka Fala Tehsil Bichhiwara, District Dungarpur).

34. Lalita Damor W/o Harishchandra Damor, Aged About 41 Years, Resident Of Dewal Fala Satiyala Tehsil Bichhiwara, District Dungarpur. (Initially Posted At Gps Kalkamata Dewla Tehsil Dariyawad, District Udaipur. Presently Posted At Gps Gps Kalkamata Dewla Tehsil Dariyawad, District Udaipur).

35. Chiman Lal Damor S/o Dhanji Damor, Aged About 48 Years, Resident Of Dhanganv Tehsil Chikhli, District Dungarpur. (Initially Posted At Gps Ranapada Danakshari Tehsil Pipulkhunt, District Banswara. Presently Posted At Gps Bhachdiya Jagtan Tehsil Chikhli, District Dungarpur.

36. Gebilal Pargi S/o Bapu Lal Pargi, Aged About 46 Years, Resident Of Ambada Tehsil Chikhli, District Dungarpur. (Initially Posted At Gups Vadeli District Sirohi. Presently Posted At Gups Kalihari Vard 5 Tehsil Chikhali, District Dungarpur.

----Petitioners Versus

1. The State Of Rajasthan, Through Its Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Jaipur, Rajasthan.

2. The Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

3. The Director, Secondary Education, Rajasthan, Bikaner.

4. The Director, Elementary Education, Rajasthan, Bikaner.

5. The Chief Executive Officer, Zila Parishad, Banswara.

6. The District Education Officer, Elementary, Banswara.

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7. The Chief Executive Officer, Zila Parishad, Dungarpur.

8. The District Education Officer, Elementary, Dungarpur.

9. The Chief Executive Officer, Zila Parishad, Udaipur.

10. The District Education Officer, Elementary, Udaipur.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Hanuman Singh



                    JUSTICE DINESH MEHTA

                                    Order

16/07/2021

This writ petition has been filed by the petitioners seeking direction to the respondents to make pay fixation of the petitioners equal to the similarly situated Teachers having been selected in the same selection process while stepping up the pay of the petitioners equal to them and that the petitioners may be granted benefit of seniority, promotion and other consequential benefits.

Learned counsel for the petitioners submitted that in similar nature writ petition filed at Jaipur Bench being Nand Kishore Sharma & Ors. Vs. The State of Rajasthan & Ors. : S.B. Civil Writs No.12109/2018, decided on 18.07.2018 on the submissions made by counsel the respondents have been directed to decide the representation made by the petitioners therein and, therefore, a similar direction may be granted in the present case.

In view of the submissions made, the writ petition filed by the petitioners is disposed of with similar direction as given in the case of Nand Kishore Sharma (supra), wherein, it was directed asunder:-

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(7 of 7) [CW-8698/2021] "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 as expeditiously as possible in accordance with law. However, in no case later than three months from the date of receipt of the representation along with a certified copy of this order."

The stay application also stands disposed of.

(DINESH MEHTA),J 85-Amar/-

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