Rajasthan High Court - Jodhpur
Shimla vs State Of Rajasthan on 25 January, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 1298/2019
1. Shimla D/o Bhanwar Lal, Aged About 38 Years, R/o
Behind Ggss, Ret Ka Teela, Rawan Chowk, Kachhola,
District Bhilwara (Raj.). (Posted As Teacher Grade Iii
Level-Ii Social Science At Gups, Darjiyon Ki Dhani,
Dungarpura, Himmatpura, P.s. Shergarh, District
Jodhpur).
2. Divya Trivedi D/o Mahendra Kumar Trivedi, Aged About 27
Years, Suraj Pole, Talwara, District Banswara (Raj.).
(Posted As Teacher Grade Iii Level-I At Ggups,
Kesharpura, P.s. Banswara, District Banswara).
3. Deepika Rajora D/o Lalit Rajora, Aged About 25 Years,
Presently Residing At Devgarh, District Banswara (Raj.).
(Posted As Teacher Grade Iii Level-I At Gups, Navatapra,
Devgarh, P.s. Banswara, District Banswara).
4. Mamta Goswami D/o Shambhu Puri Goswami, Aged About
37 Years, Bajrang Nagar, Kkumbhanagar, In Front Of
Hanuman Temple, Near Mahila Police Station, Chittorgarh
(Raj). (Posted As Teacher Grade Iii Level-I At Gps,
Sudarshan Pura, Dolatpura, P.s.. Begun, District
Chittorgarh).
5. Om Prakash Jaipal S/o Asha Ram Jaipal, Aged About 28
Years, Mukta Prasad Nagar, Near Sector No. 5,
Bhimnagar, Bikaner, (Raj.). (Posted As Teacher Grade Iii
Level-I Science Maths At Gups, Munjasar, P.s. Panchoo,
District Bikaner).
6. Om Prakash Meena S/o Mausariya Meena, Aged About 39
Years, Village Naharsinghpura, Tehsil Bamanwas, District
Sawai Madhopur (Raj.). (Posted As Teacher Grade Iii
Level-Ii Hindi At Gups, Beetan, P.s. Merta City, District
Nagaur).
7. Preeti Nayak D/o Ram Lal Nayak, Aged About 26 Years,
Near Heera Peera School , Sarvodiya Basti, Bikaner (Raj),
(Posted As Teacher Grade Iii Level-Ii Science Maths At
Gups, Jaisinghdesar Magra, P.s. Panchu , District
Bikaner )
8. Devi D/o Bhagirath Ram Vishnoi, Aged About 33 Years,
Village And Post Sangrawa, Tehsil Chitalwana, District
Jalore (Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
(2 of 8) [CW-1298/2019]
Jhulani Nadi, Dhamana, P.s. Sanchore, District Jalore).
9. Mukesh Kumar Mahavar S/o Ramchandra Koli, Aged
About 27 Years, Village Thana, Post Khoh Dariba, Tehsil
Rajgarh, District Alwar (Raj), (Posted As Teacher Grade Iii
Level-I At Gups, Jhujharani Ki Dhani (Krishan Ka Tala),
P.s. Dhanau, District Barmer )
10. Rekha Agarwal D/o Nemi Chand Gupta, Aged About 42
Years, Purana Katla, Near Jaganath Temple, Alwar (Raj.).
(Posted As Teacher Grade Iii Level-Ii English At Gups,
Sindhari (Chhatra), Chosira, P.s. Sindhari, District
Barmer).
11. Pramila Bai Meena D/o Surgyan Meena, Aged About 28
Years, Vpo Shekhpura, Tehsil Todabhim, District Karauli
(Raj). (Posted As Teacher Grade Iii Level-Ii Sanskrit At
Gups, Dahiyo Ki Dhani, Sajanpura, P.s. Sayala, District
Jalore)
12. Ajit Singh Nayak S/o Prabhati Lal, Aged About 38 Years,
Village And Post Daumoli Khurd, Tehsil Bhuvana, Tehsil
Jhunjhunu. At Present Meghwal Basti, Madhu Medical Ke
Pass, Phalodi, District Jodhpur (Raj.). (Posted As Teacher
Grade Iii Level-I At Gups, Bhidakmalo Ki Dhani, Khichan,
P.s. Phalodi, District Jodhpur).
13. Tikam Chand S/o Vansha Ram, Aged About 25 Years, Vpo
Chadon Ki Dhani, Tehsil Sindhari, District Barmer (Raj).
(Posted As Teacher Grade Iii Level-I Gups, Kheta Nurat Ki
Dhani, P.s. Sindhari, District Barmer).
14. Gaytri Devi D/o Shanker Dass, Aged About 44 Years, 43,
Durga Vihar, Stree No. 3, Sri Ganganagar (Raj.). (Posted
As Teacher Grade Iii Level-Ii Social Science At Gups,
Bariyada, Rajdal, P.s. Shiv, District Barmer).
15. Giriraj Prasad Yadav S/o Balram Yadav, Aged About 34
Years, C/o Balramyadav, Ward No. 12, Keshorai Patan,
District Bundi (Raj). (Posted As Teacher Grade Iii Level-Ii
Science Maths At Gups, Boyakheda, P.s. K. Patan, District
Bundi)
16. Sunita D/o Mangla Ram Mahala, Aged About 27 Years,
Village Kanwarpura, Post Itawa, Tehsil Kishangahr
Renwal, District Jaipur (Raj.). (Posted As Teacher Grade
Iii Level-I At Gups, Narhat, Padak Chhapli, P.s. Thanagazi,
District Alwar).
17. Anil Verma S/o Babu Lal Verma, Aged About 32 Years,
(3 of 8) [CW-1298/2019]
Khatiko Ka Mohalla, Ward No. 15, Kapren, District (Raj).
(Posted As Teacher Grade Iii Level-Ii Science Maths At
Gups, Deikhera, P.s. K. Patan, District Bundi).
18. Arun Kumar Sharma S/o Gopikishan Sharma, Aged About
27 Years, Village And Post Sameedhi, Tehsil Nainwa,
District Bundi (Raj.). (Posted As Teacher Grade Iii Level-Ii
Hindi At Gups, Chipalta, P.s. Nainwa, District Bundi).
19. Premlata D/o Bhanwar Lal, Aged About 44 Years, 132,
Mahatama Gandhi Colony, Ramdeora Road , Pali (Raj).
(Posted As Teacher Grade Iii Level-I At Gps, Artiya Board,
P.s. Rohat, District Pali)
20. Khamosh D/o Shri Ram Meena, Aged About 33 Years,
Nursingh Chowk, Tehsil Kotputli, Rajnauta, District Jaipur
(Raj.). (Posted As Teacher Grade Iii Level-Ii Science
Maths Atgups, Ravneri, Mandal Charnan, P.s. Kolayat,
District Bikaner).
21. Ram Lal Meena S/o Heera Lal Meena, Aged About 40
Years, Village Satya Talai, Post Panund, Tehsil Lasadiya,
District Udaipur (Raj). (Posted As Teacher Grade Iii Level-
I Gups, Malon Ka Guda, Laku Ka Leva, P.s. Lasadiya,
District Udaipur.)
22. Savitri Bagariya D/o Surendra Jakhar W/o Surendra
Jakhar, Aged About 35 Years, Ward No. 15, Jakharo Ki
Dhani, Dujod, Tehsil And District Sikar (Raj.). (Initially
Posted As Teacher Grade Iii Level-I At Gps, Himmatsar,
P.s. Nokha, District Bikaner. Presently Posted At Gasss,
Bigga, P.s. Sri Dungargarh, District Bikaner).
23. Sumitra Bijarniya W/o Manoj Kumar Ghotiya, Aged About
28 Years, D/o Hanumana Ram , Vpo Badsu, Tehsil
Makrana, District Nagaur (Raj), (Posted As Teacher Grade
Iii Level-I Gps, Natholai Nadi, Budsu, P.s. Makrana,
District Nagaur)
24. Manisha Gupta D/o M.k. Gupta, Aged About 45 Years,
Ward No. 5, Chakki Mohalla, Old Market, Rawatbhata,
District Chittorgarh (Raj.). (Posted As Teacher Grade Iii
Level-Ii Science Maths At Gups, Bhurkiya Khurd, Bilot,
P.s. Dungla, District Chittorgarh).
25. Narendra Kumar Verma S/o Rameshwar Lal Verma, Aged
About 27 Years, Near Indira Vishram Grah, Ward No. 03,
Tehsil Sri Madhopur, District Sikar (Raj) (Posted As
Teacher Grade Iii Level-I Guups, Manyalpura Bosere,
(4 of 8) [CW-1298/2019]
Awanliyasar, P.s. Jayal , District Nagaur.)
26. Sunita Jodhawat D/o Ram Karam Jodhawat, Aged About
28 Years, Village And Post Bharsiya, Tehsil Parbatsar,
District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-
Ii Science Maths At Gugups, Kasumbi, Upadara, P.s.
Ladnu, District Nagaur).
27. Ramraj Singh S/o Lachchhi Ram, Aged About 26 Years,
Village Muhu Khash, Tehsil Hindaun City, District Karauli
(Raj). (Posted As Teacher Grade Iii Level-I At Gups,
Kiradi, Hadoti, P.s. Sapotra, District Karauli)
28. Bhuralal Badbai S/o Kalji Badbai, Aged About 42 Years,
Village Itala, Tehsil Sajjangarh, District Banswara (Raj.).
(Posted As Teacher Grade Iii Level-I At Gups, Jadhi
(Kalinjara), P.s. Kushalgarh, District Banswara).
29. Devi Lal Dindor S/o Badriya Dindor, Aged About 28 Years,
Vpo Badwas Chhoti, Tehsil Kushalgarh, District Banswara
(Raj). (Posted As Teacher Grade Iii Level-I At Gps, Ravda,
P.s. Kushalgarh, District Banswara.)
30. Gouri Shanker Kamol S/o Somala Kamol, Aged About 31
Years, Village Timba Mahudi, Post Tambesara, Tehsil
Sajjangarh, District Banswara (Raj.). (Posted As Teacher
Grade Iii Level-I At Gps, Rati Mahudi, P.s. Kushalgarh,
District Banswara).
31. Ummeda Ram Raika S/o Debu Ram Raikia, Aged About 36
Years, Village Nada, Amarpura, Tehsil Pungal, District
Bikaner (Raj). (Posted As Teacher Grade Iii Level-I Gsps,
29 R.d. , P.s. Khajuwala, District Bikaner )
32. Manju Kumari Meena D/o Ashok Kumar Meena, Aged
About 27 Years, Malpuriya, Nangal Bersi, District Dausa
(Raj.). (Posted As Teacher Grade Iii Level-I At Gups, 7
Chd , P.s. Khajuwala, District Bikaner ).
33. Sandeep Kumar S/o Ami Lal, Aged About 30 Years, 1 Rpm
, Hanumangarh, District Hanumangarh (Raj). (Posted As
Teacher Grade Iii Level-Ii English At Gups, 24-25 Kyd, P.s.
Khajuwala, District Bikaner)
34. Nirmala Salvi S/o Shankar Lal, Aged About 27 Years, Salvi
Mohalla, Gurjaniya, Harnathpur, District Chittorgarh
(Raj.). (Posted As Teacher Grade Iii Level-I Gps, Aarni,
P.s. Rashmi, District Chittorgarh).
35. Sushila Kumari Jat D/o Ratan Lal Jat W/o Raj Mal Jat,
(5 of 8) [CW-1298/2019]
Aged About 30 Years, Bus Stand, Dindoli, Tehsil Rashmi,
District Chittorgarh (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Matrikundiya, Harnathpura, P.s. Rashmi,
District Chittorgarh).
36. Anita Purohit D/o Bhanwar Lal Purohit W/o Ravi Prakash
Purohit, Aged About 35 Years, Bhatto Ka Mohalla, Village
Begun, District Chittorgarh (Raj.). (Posted As Teacher
Grade Iii Level-Ii Social Science At Gups, Aaroli, P.s.
Bijoliya, District Bhilwara).
37. Neerajpal Singh Chauhan S/o Sukhvir Singh Chauhan,
Aged About 39 Years, Village And Post Ramala, District
Bagpat (U.p.). Presently Bhinmal, District Jalore (Raj.).
(Posted As Teacher Grade Iii Level-Ii At Gsss, Meda
Brahmanan, P.s. Bhinmal, District Jalore).
38. Sunita Kumar Lohar D/o Gheesar Lal W/o Ram Lal Lohar,
Aged About 29 Years, Village Bhaliyas, Post Barsani, Via
Sambhugarh, Tehsil Hurda, District Bhilwara (Raj.).
(Posted As Teacher Grade Iii Level-I At Gups, Somaniya
(Rampuria), P.s. Mandal, District Bhilwara).
----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 Director, Secondary Education, Rajasthan, Bikaner.
4. The Chief Executive Officer, Zila Parishad, Jodhpur.
5. The District Education Officer, Elementary, Jodhpur.
6. The Chief Executive Officer, Zila Parishad, Banswara.
7. The District Education Officer, Elementary, Banswara.
8. The Chief Executive Officer, Zila Parishad, Chittorgarh.
9. The District Education Officer, Elementary, Chittorgarh.
10. The Chief Executive Officer, Zila Parishad, Bikaner.
11. The District Education Officer, Elementary, Bikaner.
12. The Chief Executive Officer, Zila Parishad, Nagaur.
13. The District Education Officer, Elementary, Nagaur.
14. The Chief Executive Officer, Zila Parishad, Jalore.
15. The District Education Officer, Elementary, Jalore.
(6 of 8) [CW-1298/2019]
16. The Chief Executive Officer, Zila Parishad, Barmer.
17. The District Education Officer, Elementary, Barmer.
18. The Chief Executive Officer, Zila Parishad, Bundi.
19. The District Education Officer, Elementary, Bundi.
20. The Chief Executive Officer, Zila Parishad, Alwar.
21. The District Education Officer, Elementary, Alwar.
22. The Chief Executive Officer, Zila Parishad, Pali.
23. The District Education Officer, Elementary, Pali.
24. The Chief Executive Officer, Zila Parishad, Udaipur.
25. The District Education Officer, Elementary, Udaipur.
26. The Chief Executive Officer, Zila Parishad, Karauli.
27. The District Education Officer, Elementary, Karauli.
28. The Chief Executive Officer, Zila Parishad, Bhilwara.
29. The District Education Officer, Elementary, Bhilwara.
----Respondents
For Petitioner(s) : Mr. Ramesh Kumar for Mr. Hanuman
Singh Choudhary.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 25/01/2019 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 (7 of 8) [CW-1298/2019] 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 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 (8 of 8) [CW-1298/2019] 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 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 240-Rmathur/-
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