Rajasthan High Court - Jaipur
The State Of Rajasthan vs Kashiram S/O Shri Lekhram on 2 July, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 108/2019
In
S. B. Civil Writ Petition No.7532/2018
1. The State Of Rajasthan, Through Secretary To The Govt.
Education Department, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. Rajasthan Madarsa Board, Rajasthan Madarsa Board
Bhawan, Dr.s. Radha Krishan Shiksha Sankul, J.l.n. Marg,
Jaipur, Through Its Secretary
3. Rajasthan Shiksha Karmi Board, Shiksha Sankul Pancham
Block Fifth Floor, Jln Marg, Jaipur Through Its Secretary
4. Director, Elementary Education, Rajasthan, Bikaner (Raj.)
5. District Education Officer (Elementary Education),
Sriganganagar (Raj.)
----Appellants
Versus
1. Kashiram S/o Shri Lekhram, Aged About 38 Years, R/o 33
Ml, Tehsil Raisinghnagar, District Ganganagar, At Present
Working As Para-Teacher At Govt. Upper Primary School
33 Mlb (Raisinghnagar)
2. Rajendra Kumar S/o Thakardas, R/o Gram Panchayat
Dabla, Tehsil Raisinghnagar, District Ganganagar, At
Present Working As Para-Teacher At Govt. Primary School
3 Msd A Raisinghnagar
3. Siyaram S/o Nihal Chand, R/o 35 Ml Beriwali Post Dabla,
Gram Panchayat 12 Nrdc Bishanpura, Tehsil
Raisinghnagar, District Ganganagar, At Present Working
As Para-Teacher At Govt. Primary School 15 Nrd
Raisinghnagar
4. Darshan Singh S/o Jit Singh, R/o Village 2 Fdb, Gram
Panchayat Khayaliwala 6Fd, Tehsil Raisinghnagar, District
Ganganagar, At Present Working As Para-Teacher At Govt.
Primary School 2 Fdb Raisinghnagar
5. Geeta Devi W/o Ramesh Chand, R/o Village 2 Fdb, Gram
Panchayat Khayaliwala (6Fd), Tehsil Raisinghnagar,
District Ganganagar, At Present Working As Para-Teacher
At Govt. Primary School 2 Fdb Raisinghnagar
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(2 of 3) [SAW-108/2019]
6. Sabana Parveen W/o Mohd. Nawaz, R/o Village Udaipur,
Tehsil Suratgarh, District Ganganagar, At Present Working
As Para-Teacher At Madarsa School Udaipur
7. Amarpal Kaur D/o Ajaib Singh, R/o Village Nandewali
Dhanni, Post Amar Singh Wala, Tehsil Pili Banga District
Hanumangarh, At Present Working As Para-Teacher At
Govt. Primary School 2 Psm Raisinghnagar
----Respondents
For Appellant(s) : Mr. C. L. Saini, AAG
For Respondent(s) :
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 02/07/2019 Defects are overruled.
There is delay in filing of this appeal. The appellants have filed an application under Section 5 of the Limitation Act for condonation of delay.
For stated reasons, the application filed under Section 5 of the Limitation Act is allowed. The delay in filing appeal is condoned.
Heard learned counsel for the appellants. Mr. C.L. Saini, learned Additional Advocate General who appears on behalf of the appellants-State, submits that this matter is squarely covered by order dated 20.09.2018 of a Coordinate Bench of this court in D.B. Special Appeal (Writ)No.970/2018 - The State of Rajasthan and Others Vs. Smt. Itee Shri Maheshwari.
It is submitted that the respondents, who were the writ- petitioners, stated before the Court in the writ petition that they were para teachers. They claimed parity with Teacher Gr.III and (Downloaded on 09/07/2019 at 11:02:39 PM) (3 of 3) [SAW-108/2019] Prabodhaks. The learned Single Judge has allowed the writ petition on the very first date of listing without notice to the appellants herein. The principle of law culled out by the learned Single Judge is 'equal pay for equal work'. There are two infirmities in the impugned order. The first is violation of principles of natural justice. The respondents were not issued a notice before the direction was issued. Secondly, para teachers were claiming equivalence with 'Prabodhaks' and Teacher Gr.III. and without deciding equivalence, impugned order has been passed.
Learned Additional Advocate General submitted that judgment of the Supreme Court in State of Punjab & Others Vs. Jagjit Singh & Others, (2017) 1 SCC 148, relying upon which the learned Single Judge has allowed the writ petition filed by the respondents without notice to the appellants, has itself been distinguished by the Supreme Court in State Bihar & Others Vs. The Bihar Secondary Teachers Struggle Committee, Munger &Others (Civil Appeal No. 4862/2019 and other connected matters decided on 10.05.2019).
The appeal is disposed of setting aside the impugned order. The writ petition is restored to its original number for adjudication before the learned Single Judge with a request that after granting the appellants, who are the respondents in the writ petition, opportunity of filing a reply to the writ petition, the same be decided in accordance with the law.
This also disposes of the stay application No.885/2019. Application No. 97134/2018 also stands disposed of. (NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J RS/Gourav-04 (Downloaded on 09/07/2019 at 11:02:39 PM) Powered by TCPDF (www.tcpdf.org)