Rajasthan High Court - Jaipur
Madan Gopal Kumawat And Ors vs State (Education Department) Ors on 1 June, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 8788 / 2017
1. Madan Gopal Kumawat S/o Shri Bodu Lal, Aged About 42 Years,
R/o Kumawat Dhani Boraj Via Jobner, District Jaipur (Raj.)
2. Rajendra Prasad Ujjawal So Shri Prabhu Dayal Regar, Aged
About 44 Years, R/o Village & Post Ramjipura Kalan, Via Renwal,
Tehsil Kishangarh Renwal, Distt. Jaipur (Raj.)
3. Lallu Lal Saini S/o Shri Nand Lal Saini, Aged About 38 Years,
R/o Joshi Wali Dhani, Village & Post Tunga, Tehsil Bassi, Jaipur
(Raj.)
4. Kalu Ram Gurjar S/o Shri Moolchand Gurjar, Aged About 43
Years, R/o Village Hingoti, Post Mahadevpura, Tehsil Kotkhawda,
Chaksu, District Jaipur (Raj.)
5. Girdhari Lal Kumawat S/o Shri Chandalal Kumawat, Aged About
36 Years, R/o Bamniyawas, Post Bobas, Tehsil Phulera, Distt.
Jaipur (Raj.)
----Petitioners
Versus
1. The State of Rajasthan Through Principal Secretary Education
Department, Secretariat, Jaipur
2. The Director, Elementary Education, Bikaner.
3. The District Education Officer, Elementary Education, Jaipur
(Raj.)
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. S. K. Singodiya
For Respondent(s) :
_____________________________________________________
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
01/06/2017
Learned counsel for the petitioners, at the very outset,
submits that the controversy raised in the instant writ application
stands resolved in view of the adjudication made by a Coordinate
Bench of this Court as reported in 2016 WLC (1) 505: Saroj & 165
(2 of 3)
[CW-8788/2017]
Ors. Vs. State of Rajasthan, observing thus:
"15. As a result of the aforesaid discussion, the instant
writ petitions deserve to be and are hereby allowed in the
following terms :-
(1) If the petitioners have not been relieved till date from
their earlier assignment for joining on the post of Teacher
Grade-III pursuant to their selection in the new selection
process of the year 2013, the authorities shall forthwith
relieve them and allow them to join at their respective
fresh posting places. The period of delay in joining, if any,
shall be relaxed with the outer date being the date of
reopening of the Government schools after the ongoing
summer vacation.
(2) The service put in by the petitioners in their earlier
assignment shall not be counted towards seniority. Their
seniority shall be counted from the date of joining the
post.
(3) This order shall not govern the cases of such
candidates who resigned from the earlier assignment for
joining the new post.
(4) The claim of the petitioners for counting the length of
service in the previous assignment for the purposes of the
service benefits viz., regularization, fixation, increments
etc. shall be governed by the applicable Service Rules.
16. Stay petitions are disposed of.
17. No order as to costs.
18. A copy of this order be placed in each file."
In view of the above, learned counsel for the petitioners
submits that for the present; the petitioners would be satisfied, if the State-respondents are directed to consider and decide the representation of the petitioners, within a time frame, which they are ready and willing to address within two weeks hereinafter.
In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioners to address a comprehensive representation enclosing a copy of the order in the case of Saroj & 165 Ors. (supra).
(3 of 3) [CW-8788/2017] 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.
With the observations and directions, as indicated above, the writ as well as stay application stand disposed off.
(VEERENDR SINGH SIRADHANA)J. Pooja/163