Rajasthan High Court - Jaipur
Arjun Singh Hada S/O Jaswant Singh Hada vs The State Of Rajasthan on 29 July, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7971/2020
1. Arjun Singh Hada S/o Jaswant Singh Hada, Aged About
39 Years, R/o Village And Post Palayatha, Tehsil Anta,
District Baran, (Raj.).
2. Toni Vasvani S/o Shankar Lal Vasvani, Aged About 31
Years, R/o Bhagwati Bhawan, Near Old Post Office,
District Tonk, (Raj.).
3. Jyoti Choudhary D/o Narendra Choudhary, Aged About 30
Years, R/o 7-D-65, Vigyan Nagar, Ext. Distt. Kota (Raj.).
4. Suneeta Choudhary D/o Onkarmal Choudhary, Aged
About 32 Years, R/o House No. D-252, Tharmal Colony,
Sakatpura, District Kota, (Raj.).
5. Ankur Meena S/o Mordhwaj Meena, Aged About 34 Years,
R/o Village And Post Siswalim Tehsil Mangrol, District
Baran (Raj.).
6. Mahesh Kumar S/o Ratan Lal, Aged About 31 Years, R/o
Village And Post Tisaya, Tehsil Mangrol, District Baran
(Raj.).
7. Shahina Bano Qureshi D/o Subrati Qureshi, Aged About
40 Years, R/o Village And Post Rotada, Tehsil K. Patan,
District Bundi (Raj.).
8. Nooruddin S/o Kutubuddin, Aged About 39 Years, R/o
Karbala Maidan, Ward No. 8, Mangrol, Tehsil Mangrol,
District Baran (Raj.).
9. Radhe Shyam Mehra S/o Badri Lal Mehra, Aged About 31
Years, R/o Village And Post Koyla, Tehsil Baran, District
Baran (Raj.).
10. Rajendra Kumar Meena S/o Babulal Meena, Aged About
34 Years, R/o Village Paroliya, Post Nipaniya, Tehsil
Chhabra, District Baran (Raj.).
11. Bhawana Bhargav D/o Sitaram Bhargav, Aged About 27
Years, R/o Radha Krishn Mandir Ke Pass, Indra Colony,
Chhabra, District Baran (Raj.).
12. Inderjeet Kewat S/o Hemraj Kewat, Aged About 32 Years,
R/o Village And Post Patonda, Tehsil Anta, District Baran
(Raj.).
13. Mukesh Kumar Dhakad S/o Hemraj Dhakad, Aged About
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31 Years, R/o Makhida, Tehsil Indragarh, Distt. Bundi
(Raj.).
14. Anshu Gautam S/o Shachchidanad Sharma, Aged About
31 Years, R/o House No. T-3, Talwandi Kota, District Kota
(Raj.).
----Petitioners
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Rural Development And Panchayati Raj,
Government Of Rajasthan, Jaipur, Rajasthan.
2. The Director, Elementary Education, Bikaner, District
Bikaner, Rajasthan.
3. The District Education Officer (Headquarter), Elementary
Education, District Baran, Rajasthan.
4. The Chief Block Education Officer, Chhabra, District Baran,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vigyan Shah, Adv. assisted by Mr. Harendar Neel, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 29/07/2020 Learned counsel for the petitioners submitted that this Court in S.B.Civil Writ Petition No.3063/2019 (Dal Chand Jat Vs. The State of Rajasthan & Ors.) and other connected writ petitions decided by common order dt. 13 th August, 2019 has already considered the validity of order dt. 1st February, 2019 and the Court has observed that persons/teachers who have been appointed shall be given notional benefits, including benefits of seniority and pay fixation from the stage when the appointment of persons at the same or lesser merit were appointed. However, no (Downloaded on 30/07/2020 at 09:40:53 PM) (3 of 4) [CW-7971/2020] monetary benefits have been given to the persons who have not discharged their actual services.
The Court has further observed that any notional fixation or any notional benefit, which has resulted into current payment and current position where the persons are discharging their services, shall not be recovered and shall be continued to be paid. The Court further held that no recovery is to be made from the petitioners in line with the aforesaid observations.
Learned counsel submitted that now different Officers- District Education Officers are issuing orders and they not only passing the order for effecting recovery but they are also directing the Subordinate Officers to take action, failing which disciplinary proceedings will be again initiated against them. Learned counsel submitted that in some cases the Controlling Authority is issuing orders and in some cases District Education Officers are issuing orders.
This Court finds that litigation has again arisen before this Court in spite of the detailed order passed by the Co-ordinate Bench of this Court in the case of Dal Chand Jat Vs. The State of Rajasthan & Ors. (supra).
Issue notice of writ petition as well as stay application to the respondents, returnable on 27th August, 2020. Notices be given 'dasti', if prayed.
Learned counsel for the petitioner is directed to serve additional copy of the writ petition in the office of learned Advocate General.
Learned Advocate General will inform this Court as what steps have been taken by the State Government in pursuance of the order dt. 13th August, 2019 passed by Co-ordinate Bench of (Downloaded on 30/07/2020 at 09:40:53 PM) (4 of 4) [CW-7971/2020] this Court and Advocate General will further inform this Court as in what manner the different Authorities in different Districts are issuing orders in violation of the orders passed by this Court.
List the matter on 27th August, 2020 along-with S.B. Civil Writ Petition Nos.7964/2020.
In the meanwhile, the respondents are restrained to make any recovery from the emoluments which have already been paid to the petitioners.
Registry is directed to show name of Mr. Sheetanshu Sharma, Adv., assistant to learned Advocate General, in the cause-list.
Copy of this order may be annexed alongwith notices & further Registrar (Judicial) will send copy to the office of Advocate General.
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