Rajasthan High Court - Jodhpur
Usha Vishnoi vs State Of Rajasthan on 7 January, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 19338/2018
1. Usha Vishnoi D/o Birbal Ram, Aged About 34 Years, Wo
Sunil Vishnoi, R/o 374, Laxmi Nagar, Paota, Jodhpur
(Raj.). (Posted As Teacher Grade Iii Level-Ii Hindi At Smt.
Radha Devi Gups, Binjwariya, P.s. Tinwari, District
Jodhpur).
2. Raviray Singh S/o Amar Singh, Aged About 27 Years, Vpo
Nohand, Tehsil Rajgarh, District Churu (Raj.). (Posted As
Teacher Grade Iii Level-I At Gps, Udeji Ki Dhani, Lawaran,
P.s. Sekhala, District Jodhpur).
3. Sonali Nanecha D/o Bhawani Lal Nanecha, Aged About 30
Years, Plot No. 86, New Pali Road, Bhagat Ki Kothi,
Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-Ii
Science Maths At Gups, Rajor Ki Dhani, P.s. Luni, District
Jodhpur).
4. Pala Ram S/o Ganpat Ram, Aged About 35 Years, R/o
123, Main Road, Ward No. 4, Choudhariyo Ka Mohalla,
Sardar Gadhia, 7 M.s.r, Bharwana, Dist. Hanumangarh
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Nania
Khera, Lunawa, P.s. Bhinder, District Udaipur).
5. Sangeeta Verma D/o Ramchandra Verma, Aged About 28
Years, R/o 1, Toliyo Ka Bas, Khera Deogarh, Nimaj,
District Pali (Raj.). (Posted As Teacher Grade Iii Level-I At
Gups Bahadurpura, Manoharpura, P.s. Jahajpur, District
Bhilwara).
6. Nisha Kumari Baswal D/o Gajanand Baswal, Aged About
25 Years, Village And Post Badnagar, Tehsil Kotputli,
District Jaipur (Raj.). (Posted As Teacher Grade Iii Level-Ii
At Gups Jagdishpura, Sarund, P.s. Kotputli, District
Jaipur).
7. Manoj Kumar S/o Karna Ram, Aged About 28 Years,
Village And Post Kusumdesar, Tehsil Ratangarh, District
Churu (Raj.). (Posted As Teacher Grade Iii Level-I At
Ggups Jeganiya Bidawtan, Simsiya, P.s. Ratangarh,
District Churu).
8. Bhoora Ram S/o Balal Ram, Aged About 29 Years, Vpo
Hapo Ki Dhani (Jalipa), Tehsil And District Barmer (Raj.).
(Initially Posted As Teacher Grade Iii Level-Ii Science
Maths At Gups Bindhaniyo Ki Dhani, Shobhala Jetmal, P.s.
(2 of 7) [CW-19338/2018]
Chohtan, District Barmer. At Present At Gss, Bindhaniyo
Ki Dhani, Shobhala Jetmal, P.s. Chohtan, Dist. Barmer).
9. Narendra Kumar Poter S/o Ram Dayal Poter, Aged About
32 Years, Village And Post Ardand, Tehsil Atru, District
Baran (Raj.). (Posted As Teacher Grade Iii Level-Ii Science
Maths At Gups Kukalo Ki Dhani, Kadanadi, P.s. Sindhary,
District Barmer).
10. Rampyari D/o Mangalaram, Aged About 30 Years, R/o
Bharte Ki Beri, Post Khari, Tehsil Dhorimanna, District
Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gps
Hanutaniyo Ki Dhani, Mida Khurd Ii, P.s. Dhorimanna,
District Barmer).
11. Mukesh Kumar Bairwa S/o Durga Prasad Bairwa, Aged
About 40 Years, R/o Village Gugrod, Tehsil Reni, District
Alwar (Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
Sutharo Ki Dhani, Hemnagar, Kalau, P.s. Dechu, District
Jodhpur).
12. Smt. Pooja Meena D/o Ramkhiladi Meena, Aged About 26
Years, Village And Post Sankarwara, Tehsil Todabhim,
District Karauli. At Present C/o Namo Narayan Meena,
Ganesh Nagar, Agra Road, Near Tagore Public School,
Dausa (Raj.). (Posted As Teacher Grade Iii Level-I At Gps
Kerli Nadi, Sanyana, P.s. Sayla, District Jalore).
13. Luni D/o Roopa Ram, Aged About 27 Years, Village And
Post Nand Ram Ki Dhani, Dharasar, Tehsil Chohtan,
District Barmer. At Present Sadar Thana, Barmer (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps Dhadhiyon Ki
Dhani (Beriwala Tala), P.s. Barmer, District Barmer).
14. Sunita Saini D/o Ram Dayal Saini, Aged About 33 Years,
Village Pamari, Post Ubada Gaon, Tehsil Baswa, District
Dausa (Raj.). (Posted As Teacher Grade Iii Level-Ii Hindi
At Gups Godaron Ki Dhani, Guda Bishnoiyan, P.s. Luni,
District Jodhpur).
15. Misba Naqvi D/o Abdul Samad Naqvi, Aged About 29
Years, R/o A/15, Chandra Mahal Colony, Chini Ki Burj,
Choti Chopad, Jaipur (Raj.). (Posted As Teacher Grade Iii
Level-Ii At Gups Chak Santara, Ps. Gida, District Barmer).
16. Priyanka Kumari Nagar D/o Sampat Ram Nagar, Aged
About 26 Years, Village And Post Kableshwar, Tehsil And
District Dausa (Raj.). (Posted As Teacher Grade Iii Level-I
At Gups Mawron Ki Dhani, Gudhakatla, P.s. Bandikui,
(3 of 7) [CW-19338/2018]
District Dausa).
17. Vikas Kumar Sharma S/o Shyam Kumar Sharma, Aged
About 26 Years, R/o Herdeniyon Ka Mandir, Chatikana
Bazar, Karauli, Dist. Karauli (Raj.). (Posted As Teacher
Grade Iii Level-Ii English At Gups Kotra Dhahar, P.s.
Hindaun Chamar, District Karauli).
18. Balchand Chamar D/o Ramlal Chamar, Aged About 30
Years, Village And Post Kheraruddha, Tehsil Ramganj
Mandi, District Kota (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps Sarod Ka Kheda, P.s. Bhawani Mandi,
District Jhalawar).
19. Deepa D/o Ramavtar, Aged About 27 Years, Village
Shahpur, Post Gunta, Tehsil Bansur, District Alwar (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps Dholi Dhani,
Gyanpura, P.s. Bansur, District Alwar).
20. Seema Godara D/o Mohan Ram, Aged About 25 Years,
Ward No. 11, Bari Bass, (Barsingsar), District Bikaner
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps, R.c.p.,
Lunkaransar, P.s. Lunkaransar, District Bikaner).
21. Gajaraj Singh S/o Jeetmal, Aged About 32 Years, Village
Rela, Post Arruwa, Tehsil Kathumar, District Alwar (Raj.).
(Posted As Teacher Grade Iii Level-I At Gups Ratawali, P.s.
Laxmangarh, District Alwar).
22. Rakesh Kumar Bairwa S/o Chhitar Lal, Aged About 28
Years, R/o Railway Station Ghat Ka Barana, Tehsil
Indergarh, District Bundi (Raj.). (Posted As Teacher Grade
Iii Level-I At Gps Laban, Railway Station, P.s. K. Patan,
District Bundi).
23. Omprakash Jameria S/o Champalal Jameria, Aged About
37 Years, Village Bayar, Post Gagrana, Tehsil Merta City,
District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-
Ii Social Studies At Gups Guneshaniyo Ki Dhani, P.s.
Dhorimanna, District Barmer).
24. Taju Ram S/o Ganesha Ram, Aged About 31 Years, R/o
144, Ward No. 7, Village Kandhalsar, Tehsil Bidasar,
District Churu (Raj.). (Posted As Teacher Grade Iii Level-Ii
Science Maths At Gups, Udasar, P.s. Panchu, District
Bikaner).
25. Mamraj Tard S/o Lichhman Ram, Aged About 29 Years,
Ward No. 10, Kharajani Bas, Jasrasar, Tehsil Nokha,
District Bikaner (Raj.). (Posted As Teacher Grade Iii Level-
(4 of 7) [CW-19338/2018]
I At Gps Maylo Li Dhani, Pachu, P.s. Panchu, District
Bikaner).
26. Prabhu Ram S/o Bagata Ram, Aged About 27 Years,
Bagata Ram, R/o 105, Meghwalo Ka Bas, Shobana,
Biknaer (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps Bhurano Ki Dhani, Sarunda, P.s. Panchu, District
Bikaner).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Rural
Development And Panchayati Raj Department,
Government Secretariat, Jaipur, Rajasthan.
2. The Director, Elementary Education, Rajasthan, Bikaner.
3. The Chief Executive Officer, Zila Parishad, Jodhpur.
4. The District Education Officer, Zila Parishad, Udaipur.
5. The Chief Executive Officer, Zila Parishad, Udaipur.
6. The District Education Officer, Elementary, Udaipur.
7. The Chief Executive Officer, Zila Parishad, Bhilwara.
8. The District Education Officer, Elementary, Bhilwara.
9. The Chief Executive Officer, Zila Parishad, Jaipur.
10. The District Education Officer, Elementary, Jaipur.
11. The Chief Executive Officer, Zila Parishad, Churu.
12. The District Education Officer, Elementary, Churu.
13. The Chief Executive Officer, Zila Parishad, Barmer.
14. The District Education Officer, Elementary, Barmer.
15. The Chief Executive Officer, Zila Parishad, Jalore.
16. The District Education Officer, Elementary, Jalore.
17. The Chief Executive Officer, Zila Parishad, Dausa.
18. The District Education Officer, Elementary, Dausa.
19. The Chief Executive Officer, Elementary, Karauli.
20. The District Education Officer, Elementary, Karauli.
21. The Chief Executive Officer, Zila Parishad, Jhalawar.
22. The District Education Officer, Elementary, Jhalawar.
23. The Chief Executive Officer, Zila Parishad, Alwar.
24. The District Education Officer, Alwar.
25. The Chief Executive Officer, Zila Parishad, Alwar.
(5 of 7) [CW-19338/2018]
26. The District Education Officer, Elementary, Bikaner.
27. The Chief Executive Officer, Zila Parishad, Bundi.
28. The District Education, Elementary, Bundi.
----Respondents
For Petitioner(s) : Mr. Hanuman Singh Choudhary.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 07/01/2019 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 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 (6 of 7) [CW-19338/2018] 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 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 (7 of 7) [CW-19338/2018] 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 41-Rmathur/-
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