Rajasthan High Court - Jodhpur
Sushila Panwar vs State Of Rajasthan on 11 February, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 1937/2019
1. Sushila Panwar D/o Santu Ram W/o Omprakash, Aged
About 29 Years, R/o Gali No. 4, Prabhu Flour M Ill,
Rampura, Lalgarh, District Bikaner (Raj.). (Initially Posted
As Teacher Grade Iii Level-I At Gps, Beldaro Ki Dhani,
Mandal Charnan, P.s. Kolayat, District Bikaner. Presently
Posted At Gps, Shereh Bhau Vyas, Khara, Mandal
Charnan, P.s. Kolayat, District Bikaner).
2. Richa Yadav D/o Rajendra Prasad Yadav W/o Rajneesh
Kumar Yadav,, Aged About 32 Years, R/o Village And Post
Siryani, Tehsil Neemrana, District Alwar (Raj.). (Posted As
Teacher Grade Iii Level-Ii Science Maths At Gups,
Bansada, P.s. Suwana, District Bhilwara).
3. Amit Kumar Meena S/o Ramesh Chand Meena,, Aged
About 33 Years, R/o Maliyo Ki Dhani, Toda Ganga, District
Dausa (Raj.). (Posted As Teacher Grade Iii Level-Ii Social
Studies At Gups, Hajipura, Naneu, P.s. Phalodi, District
Jodhpur).
4. Anita Meena D/o Rajan Lal Meena,, Aged About 31 Years,
R/o Village And Post Mahaswa, Tehsil Todabhim, District
Bikaner (Raj.). (Posted As Teacher Grade Iii Level-Ii At
Gups, Keriyakheda (Akhepura), Chankhed, P.s. Mandal,
District Bhilwara).
5. Nathu Ram Gurjar S/o Ganesh Gurjar,, Aged About 31
Years, R/o Village Didawata, Tehsil Phagi, District Jaipur
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
Voranadi, Bhanwara, Dhanol P.s. Raniwara, District Jalore.
6. Prahlad Meena S/o Arjun Singh Meena,, Aged About 29
Years, R/o Village And Post Tehla, Tehsil Rajgarh, District
Alwar (Raj.). (Posted As Teacher Grade Iii Level-I At
Gups, Kotadirampura, P.s. Rajgarh, District Alwar).
7. Sushila Meena D/o Shivratan Meena,, Aged About 28
Years, R/o Plot No. 10, Saraswati Nagar, Chak Road,
Bassi, District Jaipur (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Keharani Sarno Ki Dhani, Koshlu, P.s.
Sindhari, District Barmer).
8. Pushpa Gurjar D/o Ramratan Singh Gurjar,, Aged About
29 Years, R/o Dhani Bamnawali,village Kharab, Post
Nareheda, Tehsil Kotputli, District Jaipur (Raj.). (Posted
As Teacher Grade Iii Level-I At Gps, Purani Lekri, P.s.
Bansur, District Alwar).
9. Rita Sangwaiya D/o Chandulal,, Aged About 28 Years, R/o
Village And Post Pata. Presently, Ramgarh, District Alwar
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
Purana Raswara, P.s. Ramgarh, District Alwar).
10. Urmila Kaswan D/o Ranveer Singh W/o Mohan Lal
Beniwal,, Aged About 32 Years, R/o 2 Ksp, Ward No. 09,
Village Tibbi, District Hanumangarh (Raj.). (Posted As
Teacher Grade Iii Level-I At Gps Lankeriyo Ki Dhana, Bana
Ka Bas, Tinwari, P.s. Osiyan, District Jodhpur).
11. Vijay Laxmi Sankhala D/o Ramesh Chand Sankhala,,
Aged About 28 Years, R/o Naya Shahar, Khatik Mohalla,
Kishangarh, District Ajmer (Raj.). (Initially Posted As
(2 of 6) [CW-1937/2019]
Teacher Grade Iii Level-I At Gps, Bana Ka Bas, Tinwari,
P.s. Osiyan, District Jodhpur. Presently Posted At Gss,
Behnadi, Veer Teja Nagar, Bana Ka Bas, Tinwari, District
Jodhpur).
12. Kalu Ram Kumawat S/o Benath Kumawat,, Aged About 31
Years, R/o Village And Post Hukampura, Tehsil Fuliya,
District Bhilwara (Raj.). (Posted As Teacher Grade-Iii
Level-Ii Social Science At Ggups, Dikola, P.s. Shahpura,
District Bhilwara).
13. Manju Yadav D/o Kishanlal W/o Ramkumar Yadav,, Aged
About 31 Years, R/o Kawaniyo Ka Bas, Tan Nayan, Tehsil
Shahpura, District Jaipur (Raj.). (Posted As Teacher Grade
Iii Level-I At Gps, Kot Kirana, P.s. Raipur, District Pali).
14. Kamla Meena D/o Shrikishan Meena W/o Suresh Chand
Meena, Aged About 40 Years, R/o 131, Agra Road Near
Keshav Vidhyapeeth Shree Ram Vihar, Jamdoli, Luniawas,
District Jaipur (Raj.). (Posted As Teacher Grade-Iii Level-Ii
Science Maths At Gups, Amba Sumel, P.s. Raipur, District
Pali).
15. Gomti Kumari D/o Bhomaram,, Aged About 27 Years, R/o
Village Jelatra, Deora, Tehsil Sanchor, District Jalore
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
Bunkaro Ki Dhani, Jelatara, P.s. Sanchore, District Jalore).
16. Ganga Kumari D/o Bhagirath Ram,, Aged About 27 Years,
R/o Village And Post Karda, Tehsil Raniwara, District
Jalore (Raj.).l (Posted As Teacher Grade-Iii Level-I At Gps,
Bhapdi, P.s. Raniwara, District Jalore).
17. Subhash Chandra Roat S/o Ram Krishna Roat,, Aged
About 33 Years, R/o Village Dol Kunjela, Post Pagara,
Tehsil Jhothri, District Dungarpur (Raj.). (Posted As
Teacher Grade Iii Level-I At Gps, Saran No. 7, P.s. Chikhli,
District Dungarpur).
18. Pankaj Kumar Bhamat S/o Champa Lal Bhamat,, Aged
About 27 Years, R/o Village Udadiya, Post Rathadi, Tehsil
Chkhli, District Dungarpur (Raj.).l (Posted As Teacher
Grade-Iii Level-I At Gps, Maliwad Fala, Piyola, P.s. Chikhli,
District Dungarpur).
19. Harsha Garasiya D/o Nanu Lal Garasiya,, Aged About 33
Years, R/o Village Bhandela, Post Chikhli, Tehsil Chikhli,
District Dungarpur (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Doliya Pada, P.s. Arthuna, District
Banswara).
20. Arjun Lal Roat S/o Premchandra Roat,, Aged About 34
Years, R/o Village And Post Sansarpur, Tehsil Jodhari,
District Dungarpur (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Dungrafala (Gadavateshvar), District
Dungarpur).
21. Ratan Lal Bhagora S/o Nangi Bhagora,, Aged About 27
Years, R/o Village And Post Jalukua, Tehsil Bichhiwara,
District Dungarpur (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Kundifala, District Dungarpur).
22. Sukhram Pargi S/o Valji Pargi,, Aged About 29 Years, R/o
Village And Post Kochri, Via And Tehsil Chikhli, District
Dungarpur (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Kochri (Dad), P.s. Chikhli, District Dungarpur).
23. Sarita Beniwal D/o Hanuman Singh Beniwal W/o Ballu
(3 of 6) [CW-1937/2019]
Ram,, Aged About 28 Years, R/o Dhaka Ki Dhani,
Sangaliya, District Sikar (Raj.). (Posted As Teacher Grade
Iii Level-I At Gps, Aziz Ki Dhani, Devikot, P.s. Sam,
District Jaisalmer).
24. Hari Singh Meena S/o Ramdhan Meena,, Aged About 37
Years, R/o Chainpura Ka Pura, Barriya, District Karauli
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies
At Ggups, Jabrasar, P.s. Nohar, District Hanumangarh).
25. Durga Kumari Meena D/o Ugmaram Meena,, Aged About
36 Years, R/o House No. 392, Shriram Colony, Kajipura,
Foy Sagar Road, Ajmer (Raj.). (Posted As Teacher Grade
Iii Level-Ii Social Science At Gups, Jojasar, P.s. Nohar,
District Hanumangarh).
26. Mosmi Meena D/o Ramhet Meena W/o Ram Sahay,, Aged
About 34 Years, R/o Village And Post Gothra, Sapotra,
District Karauli (Raj.). (Posted As Teacher Grade Iii Level-
Ii Social Studies At Ggups, Mangalwad, P.s. Dungla,
District Chittorgarh)
27. Rekha Kumari Nanoma D/o Nanalal Nanoma,, Aged About
28 Years, R/o Village And Post Gandhawapal, Tehsil
Simalwara, District Dungarpur (Raj.). (Posted As Teacher
Grade Iii Level-I At Gps, Royada (Sendola), P.s. Chikhli,
District Dungarpur)
28. Savita Kumari D/o Mani Ram, W/o Daleep Kumar,, Aged
About 32 Years, R/o Village Devasar, Post Mehrasar
Upadian, Tehsil Sardar Shahar, District Churu (Raj.).
(Initially Posted As Teacher Grade Iii Level-Ii Science
Maths At Gups, Devasar, Mehrasar Upadhian, P.s. Sardar
Shahar, District Churu. Presently Posted As Gss, Devasar,
Mehrasar Upadhian, P.s. Sardar Shahar, District Churu).
29. Nopa Ram Meghwal S/o Jeet Ram,, Aged About 30 Years,
R/o Village And Post Boghera, Tehsil Sardar Shahar,
District Churu (Raj.). (Initially Posted As Teacher Grade Iii
Level-Ii Social Science At Ggups, Mehrasar Upadhian, P.s.
Sardar Shahar, District Churu. Presently Posted At Gasss,
Boghera, P.s. Sardar Shahar, District Churu).
30. Pinky Devi Yadav D/o Basti Ram Yadav,, Aged About 27
Years, R/o Village Chhardra, Tehsil Kotputli, District Jaipur
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Raila
Karoli. P.s. Paota, District Jaipur)
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Rural
Development Panchayti Raj Department, Government
Secretariat, Jaipur, Rajasthan.
2. The Director, Elementary Education, Rajasthan, Bikaner.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Chief Executive Officer, Zila Parishad, Bikaner.
5. The District Education Officer, Elementary, Bikaner.
6. The Chief Executive Officer, Zila Parishad, Bhilwara.
7. The District Education Officer, Elementary, Bhilwara.
8. The Chief Executive Officer, Zila Parishad, Jodhpur.
9. The District Education Officer, Elementary, Jodhpur.
10. The Chief Executive Officer, Zila Parishad, Jalore.
(4 of 6) [CW-1937/2019]
11. The District Education Officer, Elementary, Jalore.
12. The Chief Executive Officer, Zila Parishad, Alwar.
13. The District Education Officer, Elementary, Alwar.
14. The Chief Executive Officer, Zila Parishad, Barmer.
15. The District Education Officer, Elementary, Barmer.
16. The Chief Executive Officer, Zila Parishad, Pali.
17. The District Education Officer, Elementary, Pali.
18. The Chief Executive Officer, Zila Parishad, Dungarpur.
19. The District Education Officer, Elementary, Dungarpur.
20. The Chief Executive Officer, Zila Parishad, Banswara.
21. The District Education Officer, Elementary, Banswara.
22. The Chief Executive Officer, Zila Parishad, Jaisalmer.
23. The District Education Officer, Elementary, Jaisalmer.
24. The Chief Executive Officer, Zila Parishad, Hanumangarh.
25. The District Education Officer, Elementary, Hanumangarh.
26. The Chief Executive Officer, Zila Parishad, Chittorgarh.
27. The District Education Officer, Elementary, Chittorgarh.
28. The Chief Executive Officer, Zila Parishad, Churu.
29. The District Education Officer, Elementary, Churu.
30. The Chief Executive Officer, Zila Parishad, Jaipur.
31. The District Education Officer, Elementary, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ramesh Kumar.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 11/02/2019 Learned counsel for the petitioners submits that the issue involved in present writ petition is squarely covered by the judgment rendered by Jaipur Bench of this Hon'ble Court in case of Surja Ram & Ors. Vs. State of Rajasthan & Ors. - SBCW No.3082/2018, decided on 09.02.2018. The judgment reads as under:-
"The controversy raised in the instant writ application is no more res-integra in view of the adjudication made in the case of Suman Bai & Anr. Vs. State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, wherein the Coordinate Bench of this Court observed thus:
"5. Upon consideration of the arguments aforesaid and the judgment of the Division Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification (5 of 6) [CW-1937/2019] mapplication of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be assigned on the basis of placement of candidates in the select list and when the selection is common and the merit list on the basis of which appointments were made is also common, right to secure appointment to both the set of employees thus flows from their selection which in turn is based on merit. Regard being had to all these facts, merely because one batch of employee approached this Court later and another earlier, and both of them having been appointed, the candidates who appeared 6 lower in merit cannot certainly be placed at a higher place in seniority. It was on this legal analogy that Division Bench of this Court in Niyaz Mohd.Khan (supra) held that the petitioner therein entitled to be placed in seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioner was appointed with consequential benefits.
6. I am not inclined to accept the argument of the learned counsel for the respondents No.4 to 8 that the judgment of the learned Single Judge should be so read so as to infer therefrom that though the petitioners would be entitled to claim appointment but not seniority above the candidates who are already appointed even though they admittedly are above them in the merit list. Infact, the judgment of the learned Single Judge merely reiterated the direction of the Division Bench in Hari Ram (supra) in favour of the petitioners. But construction of that judgment in the manner in which the respondents want this Court to do, would negat the mandate of the Rules 20 and 21 of the Rajasthan Education Subordinate Service Rules, 1971, which requires seniority to be assigned as per the inter-se merit of 7 the candidates in the merit list based on common selection. Even otherwise, no such intention of the Court is discernible from reading of that judgment. Mere appointment of the petitioner was a sufficient compliance of the judgment and not total compliance was the view taken by this Court also when contempt petition filed by the petitioners was dismissed. Question with regard (6 of 6) [CW-1937/2019] to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would obviously give rise to a afresh cause of action. The writ petition filed by the petitioners, therefore, cannot be thrown either barred by resjudicata or otherwise improperly constituted.
7. In the result, this writ petition is allowed and the respondents are directed to treat the petitioners senior to respondents No.4 to 8 as per their placement in the merit list."
Applying the principle, as extracted hereinabove, to the facts of the case at hand the factual position emerges is that the petitioners participated in the recruitment process in response to advertisement issued by Zila Parishad in the year 2012, inviting the applications from the eligible candidates for appointment on the post of Teacher Grade III. It is also not in dispute that the petitioners earlier instituted writ applications and as a consequence of directions issued by this Court, the result was revised in the month of November, 2016; resulting into appointment of the petitioners on the post of Teacher Grade III (Level I/Level-II).
Undeniably, the petitioners have already been accorded appointment. However, State-respondents have declined seniority and other benefits to the petitioners from the date the petitioners became entitled on account of revision of the result while candidates lower in merit to the petitioners have been accorded those benefits. Thus, the petitioners have claimed benefit of pay fixation and seniority on notional basis from the date juniors to the petitioners, have been accorded in the same recruitment process of the year 2012.
Accordingly, the State-respondents are directed to extend the benefit of pay fixation and seniority on notional basis to the petitioners from the date junior(s) to the petitioner(s) has/have been accorded with reference to the same recruitment process of the year of 2012.
In view of above, the writ petition is disposed of with a direction to the respondents to decide the issue of petitioners in terms of the judgment of Surja Ram (Supra) by a speaking order within a period of 30 days from today.
(ARUN BHANSALI),J 222-Sumit/-
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