Rajasthan High Court - Jodhpur
Deepak Gothwal vs The State Of Rajasthan on 6 February, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1808/2020
1. Deepak Gothwal S/o Mahesh Chandra Meena, Aged About 25 Years, R/o Village And Post Bhanpura, Dist. Sawaimadhopur (Raj.) (Presently Posted As Teacher Grade Iii At Gups, Bahapura Dungla, P.s. Dungla, District Chittorgarh).
2. Yashawant Singh Gaur S/o Naval Singh Gaur, Aged About 41 Years, R/o Village And Post Goura Ka Khera, Rawatpura, Dist Chittorgarh (Raj.) (Presently Posted As Teacher Grade Iii At Gups, Baghpura, P.s Dungla, District Chittorgarh).
3. Narayan Bairwa S/o Girraj Prasad Bairwa, Aged About 36 Years, R/o Village And Post Machari Tehsil Reni Dist Alwar (Raj.) (Presently Posted As Teacher Grade Iii At Gups, Baghpura (Arned), P.s. Dungla, District Chittorgarh).
4. Bhuvnesh S/o Shri Tulachharam, Aged About 27 Years, R/o Village And Post Jato Ki Dhani, Bamsin, Mewa Nagar, Tehsil Pachpadra Dist. Barmer (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Pironi Godara Ki Dhani, Chhotu Tehsil Gudamalani Dist Barmer).
5. Jeta Ram S/o Bhoora Ram S, Aged About 26 Years, R/o Village And Post Daulaniya Ka Talla (Sanjta), Dist Barmerl (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Dhatrwalo Ki Dhani, (Sanjta) District Barmer).
6. Gokul S/o Balaram Kalbi, Aged About 28 Years, R/o Village And Post Patau Kalla Tehsil Pachpadara Dist Barmer (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Lorti, P.s. Gida, District Barmer).
7. Ramesh Kumar Choudhary S/o Idan Ram, Aged About 27 Years, R/o Village Trishuliya, Post Kharantiya, Tehsil Sindhari, Dist Barmer (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Hinduoni Siyagon Ki Dhani, Kharapar, Tehsil Gida District Barmer).
8. Navratan Khatri S/o Khet Mal, Aged About 29 Years, R/o Village And Post Khatri Colony Ward No. 18, Balotra Dist Barmer (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Ratan Singh Rathore Singh Ki Dhani, Lapundra, Block Gida, District Barmer).
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9. Jogesh Kumar S/o Kisthoora Ram, Aged About 25 Years, R/o Village And Post Jakhron Ka Talla, Dist Barmer (Raj.) (Presently Posted As Teacher Grade Iii At Gups, Khariya Vankalsar P.s Ramsar, District Barmer).
10. Chima Ram S/o Lala Ram, Aged About 24 Years, R/o Village And Post Balau, Dist Barmer (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Bilasar Nadi (Taratra) P.s Choutan, District Barmer).
11. Kapil Dev S/o Pratap Singh, Aged About 28 Years, R/o Village And Post Kawai, Tehsil Nadbai, Dist. Bharatpur (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Mehraj Meghwalo Ki Dhani Saai Block Shergarh Dist. Jodhpur
12. Durga Ram Sau S/o Lala Ram Sau, Aged About 26 Years, R/o Village And Post Lorti, Hinght, Vndkha Tehsil Barmer Dist. Barmer (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Birdo Ka Talla P.s Choutan, District Barmer).
13. Vishna Ram S/o Chena Ram, Aged About 26 Years, R/o C.r. Market Alamsar, Tehsil Chohtan, Dist. Barmer (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Maylo Ki Basti Bisarniya) P.s, Chohtan, District Barmer).
14. Rana Ram S/o Khinya Ram, Aged About 23 Years, R/o Village Muloniyo Ki Dhani Bhimda, Tehsil Baytu Dist. Barmer (Raj.) (Presently Posted As Teacher Grade Iii At Gps, Mulani Bhambhuo Ki Dhani Bhimda) P.s Baytu, District Barmer).
15. Pratap Ram S/o Bhaghwan Ram Meghwal, Aged About 33 Years, R/o Village Bhakarwas, Post Jhujanda, Tehsil Jaitaran Dist. Pali (Raj.) (Presently Posted As Teacher Grade Iii At Gups, Bhootmagari Sanderao) P.s Sumerpur, District Pali).
----Petitioners Versus
1. The State Of Rajasthan, Through The Secretary Cum Commissioner, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2. Principal Education Secretary, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).
3. The Principal Secretary, Department Of Finance, (Downloaded on 07/02/2020 at 08:47:20 PM) (3 of 5) [CW-1808/2020] Government Secretariat, Jaipur.
4. The Director, Elementary Education, Bikaner (Rajasthan).
5. District Elementary Education Officer, Badmer
6. District Elementary Education Officer, Chittorgarh
7. District Elementary Education Officer, Jodhpur
8. District Elementary Education Officer, Pali
----Respondents For Petitioner(s) : Mr. Tanwar Singh Rathore For Respondent(s) :
JUSTICE DINESH MEHTA Judgment 06/02/2020 Learned counsel for the petitioners submits that the controversy involved in the instant writ petition stands resolved in view of the adjudication made by a Division Bench of this Court at Jaipur Bench in DB Civil Writ Petition No.2963/2007 (Gopal Kumawat Vs. State of Rajasthan & Ors.), decided on 29th July, 2015, holding thus :
"32. In the present case, no material has been placed before us, nor any plea has been taken in the reply that the probationers, during the period of their probation, do not perform the same duties and responsibilities and are not required to carry out the same functions as confirmed employees.
33. We find the practice of payment of fixed remuneration without any allowances and benefit of increments to the probationers, who were appointed after adopting the regular selection process, on substantive posts, or even after following the selection process on ad hoc basis, as well as all those employees who are appointed on substantive posts, (Downloaded on 07/02/2020 at 08:47:20 PM) (4 of 5) [CW-1808/2020] to be wholly illegal and arbitrary, and pernicious practice of forced labour.
34. We find no justification for the State Government, to adopt the practice of paying fixed remuneration to the probationers, which is not prevalent, either in the Central Government, or in any other States in the country. The Government of Rajasthan has adopted this evil practice of forced labour for its employees, taking advantage of the attraction of the Government service. The Notifications dated 13.03.2006, amending the Rules, are thus, declared to be unconstitutional, being violative of Article 14, 16, 21, 23 and 38 of the Constitution of India, and against the conscience of the Constitution of India.
35. The writ petition is allowed. The Notification dated 13.03.2006, amending the Rajasthan Service Rules, 1951, and the Notification of the same date i.e. 13.03.2006, amending the Rajasthan Civil Services(Revised Pay Scale) Rules, 1998- Fixed remuneration to probationer trainees, are hereby quashed. The State-respondents are directed to pay the entire differential amount of regular pay scale and allowances to the petitioner, after deducting the amount of fixed remuneration paid to him during the period of probation."
In case, the claim of the petitioners are found to be covered by the adjudication referred to hereinabove; the petitionerd be also allowed the same benefits.
Needless to observe that the rights of the parties would be governed by the final adjudication on SLP pending before the Apex Court of the land wherein judgment in the case of Gopal Kumawat (supra), is under challenge.
(Downloaded on 07/02/2020 at 08:47:20 PM)(5 of 5) [CW-1808/2020] In the result, the writ petition is disposed of in the light of the judgment of the Division Bench of this Court dated 29 th July, 2015, in the case of Gopal Kumawat (supra).
Accordingly, the petitioners are entitled to full salary for the period of probation; subject to adjudication on the SLP pending before the Apex Court of the land which would govern the rights of the parties.
Before conferring actual benefits, it shall be required of the respondents to procure an undertaking from the petitioners to the effect that their rights/entitlements shall be subservient to the fate of the SLP pending before Hon'ble the Supreme Court and in case the Division Bench judgment is reversed or modified in any manner, they shall be liable for restitution of any benefits/emoluments so received.
(DINESH MEHTA),J 299-CPGoyal/-
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