Rajasthan High Court - Jaipur
The State Of Rajasthan vs Jatan Singh S/O Shri Buddhi Singh on 23 May, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Special Appeal (Writ) No. 178/2019
In
S.B. Civil Writ Petition No. 11931/2018
1. The State Of Rajasthan, Through Secretary To The Govt.
Education Department, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. The Secretary To The Govt. Minority Department, Govt.
Of Rajasthan Secretariat, Jaipur.
3. Director, Elementary Education Rajasthan, Bikaner (Raj.)
4. Rajasthan Shiksha Karmi Board, Shiksha Sankul Pancham
Block, Fifth Floor, Jln Marg, Jaipur Through Its Secretary.
5. The Secretary, Rajasthan Madarsa Board Shiksha Sankul,
Jln Marg Jaipur.
----Appellants
Versus
1. Jatan Singh S/o Shri Buddhi Singh, Aged About 50 Years,
R/o Village Bhavali , Tehsil Nagar, District Bharatpur.
(Raj.)
2. Meena Kumari D/o Shri Puranlal Jatav, R/o Village
Mudera, Post Tarodar, Tehsil Nagar, District Bharatpur.
(Raj.)
3. Babita D/o Shri Rajhusingh, R/o Village Sadpuri, Tehsil
Nagar, District Bharatpur. (Raj.)
4. Santosh Kumari W/o Shri Pradeep Kumar, R/o Village
Sihawali, Tehsil Nagar, District Bharatpur. (Raj.)
5. Sumer Singh Gurjar S/o Shri Mahendra Singh Gurjar, R/o
Village Nahela Ka Pura, Dubbi, Post Mahaveerji, Tehsil
Hindaun, District Karauli. (Raj.)
6. Sushila Meena W/o Shri Patiram Meena, R/o Village
Amrapur, Post Nanpur , Tehsil Sapotara, District Karauli.
(Raj.)
7. Lakhpat Lal Meena S/o Shri Harimohan Meena, R/o
Village Dalapura, Post Nanpur , Tehsil Sapotara, District
Karauli. (Raj.)
8. Kaushalya Nagada D/o Shri Chaturbhuj Vyas, R/o Maruti
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Grenite Ke Samne, Bedala Link Road, Sukher, Sapetiya,
District Udaipur.(Raj.)
9. Zeenat Khanam W/o Shri Saleem Mohammad, R/o Luhar
Katala, Bundi. (Raj.)
10. Salma Parveen D/o Shri Azaz Mohammad, R/o Guru
Nanak Colony, Talai Mohalla, Bundi. (Raj.)
11. Hanuman Singh S/o Shri Hukam Singh, R/o Village
Bhanash Post Chunadiya, Via Merta City, District Nagaur.
(Raj.)
12. Abdul Karim S/o Shri Sherkhan, R/o Village Benganheri,
Tehsil Tijara, District. Alwar (Raj.)
13. Kamrudeen S/o Shri Phatekhan, R/o Village Benganheri,
Tehsil Tijara, District. Alwar (Raj.)
14. Saleem Khan S/o Shri Haniph Khan, R/o Village
Benganheri, Tehsil Tijara, District. Alwar (Raj.)
15. Altaf Hussain S/o Shri Liyakat Hussain, R/o Village And
Post Jairoly, Tehsil Tijara, District. Alwar (Raj.)
16. Sayeeda Begum W/o Shri Farukh, R/o Village Alapur Jatt,
Post Jairoly, Tehsil Tijara, District. Alwar (Raj.)
17. Rahmudeen Khan S/o Shri Jagdev, R/o Village And Post
Palpur, Tehsil Tijara, District. Alwar (Raj.)
18. Sammi Khan S/o Shri Israil, R/o Village And Post Parisar,
Tehsil And District. Alwar (Raj.)
19. Kayyum Khan S/o Shri Deenu Khan, R/o Village
Benganheri, Post Fullabass, Tehsil Tijara, District. Alwar
(Raj.)
20. Sazid S/o Shri Ishra Khan, R/o Village Nimali Tehsil Tijara,
District. Alwar (Raj.)
21. Taufira Khan D/o Shri Abdul Raseed, R/o Mungaska, Near
Amarnath Petrol Pump, Alwar. (Raj)
22. Juber Khan S/o Shri Samsudeen, R/o Village Hasanpur
Mafi, Post Baghor, Tehsil Tijara, District Alwar. (Raj)
----Respondents
For Appellant(s) : Mr. C.L. Saini, AAG.
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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment 23/05/2019 Defect No. 5 is 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 applications 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 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 (Downloaded on 29/06/2019 at 03:37:15 AM) (4 of 4) [SAW-178/2019] 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. Application No. 96784/2018 also stands disposed of. (NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J Manoj/16 (Downloaded on 29/06/2019 at 03:37:15 AM) Powered by TCPDF (www.tcpdf.org)