Rajasthan High Court - Jodhpur
Kaushalya Meena vs State Of Rajasthan on 14 December, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 18884/2018
1. Kaushalya Meena D/o Shri Harphool Singh Meena, Aged
About 31 Years, R/o Ward No.8, Mukundagarh- Mandi,
District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii
Level- Ii Social Science At Gups, Riniya, P.s. Tinwari,
District Jodhpur. Presently Posted At Gups, Macharo Ki
Dhani, Panchala Khurd, P.s. Tinwari, District Jodhpur).
2. Mithlesh Kumari Meena D/o Vijay Kumar Meena,, Aged
About 32 Years, R/o Village And Post Gullana, Tehsil
Baswa, District Dausa (Raj.). (Posted As Teacher Grade Iii
Level- Ii Science Maths At Gsss, Jelu (Gagari), P.s.
Tinwari, District Jodhpur).
3. Sanju Meena D/o Bhori Lal Meena,, Aged About 33 Years,
R/o Adarsh Meena Colony, Jaipur Road, Dausa (Raj.).
(Posted As Teacher Grade Iii Level- Ii Social Studies At
Gups, Ramu Ji Ka Bera, P.s. Tinwari, District Jodhpur.).
4. Anita Bai Meena D/o Jagram Meena,, Aged About 33
Years, R/o House No. 36, Parvati Nagar, Mahadewali, Tonk
(Raj.). (Posted As Teacher Grade Iii Level- Ii Social
Studies At Gsss, Jetu (Gagari), P.s. Tinwari, District
Jodhpur).
5. Rajesh Kumar Garg S/o Rameshwar Lal Garg,, Aged
About 41 Years, R/o Near Chotiya Ka Bheru Ji Chowk,
Kapasan, District Chittorgarh (Raj.) (Posted As Teacher
Grade Iii Level- Ii Science Maths At Gups, Dhanet Kalan,
P.s. Chittorgarh, District Chittorgarh. Presently Posted At
Gups Bherda, P.s. Chittorgarh, District Chittorgarh).
6. Rakesh Kumar Verma S/o Ramesh Chand,, Aged About 30
Years, R/o Behind Police Station, Ward No. 13, Khetri,
District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii
Level-I At Gups, Jodhawas, P.s. Rajgarh, District Churu).
7. Shyola Ram Bhopa S/o Gangu Ram Bhopa,, Aged About
35 Years, R/o Village And Post Nangal, Tehsil Udaipurwati,
District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii
Level- Ii Science Maths At Gups, Dhani Poonia, Jharsar
Chotta, P.s. Taranagar, District Churu).
8. Nana Lal Suthar S/o Jamna Lal Suthar,, Aged About 32
Years, R/o Village And Post Bansen, Tehsil Bhadesar,
District Chittorgarh (Raj.). (Posted As Teacher Grade Iii
(2 of 8) [CW-18884/2018]
Level- Ii Science Maths At Gups, Ghosunda, P.s.
Chittorgarh, District Chittorgarh).
9. Manju Jat D/o Shankar Lal Jat W/o Devraj Choudhary,,
Aged About 27 Years, R/o Village Ordi, Post Ochhri, Tehsil
And District Chittorgarh (Raj.). (Posted As Teacher Grade
Iii Level- I, At Gups, Thukrawa, P.s. Chittorgarh, District
Chittorgarh).
10. Reena Meghwal D/o Ganga Ram Meghwal,, Aged About
32 Years, R/o Murliya, Post Mangrol, Tehsil Nimbahera,
District Chittorgarh (Raj.). (Posted As Teacher Grade Iii
Level- Ii Science Maths At Gups, Arniyapanth, P.s.
Chittorgarh, District Chittorgarh).
11. Maya Samariya D/o Bhanwar Lal Samariya,, Aged About
27 Years, R/o Khatik Mohalla, Goal Pyau Choraha,
Chittorgarh (Raj.). (Posted As Teacher Grade Iii Level- I
At Gps, Parliya, P.s. Chittorgarh, District Chittorgarh).
12. Guddi Kumari Mehra D/o Shiv Dayal,, Aged About 28
Years, R/o Village And Post Nimoda (Harji), Tehsil Digod,
District Kota (Raj.). (Posted As Teacher Grade Iii Level- I
At Gps, Rooppura, P.s. Chittorgarh, District Chittorgarh).
13. Sheela Kumari D/o Rekh Chand,, Aged About 36 Years,
R/o Ward No. 15, Village And Post Aligarh, Tehsil Uniyara,
District Tonk (Raj.). (Posted As Teacher Grade Iii Level- Ii
Social Science At Gups, Siyaliya, P.s. Chittorgarh, District
Chittorgarh).
14. Sonam Dabodiya D/o Ram Ratan Dabodiya W/o Mahendra
Kumar Chaparwal,, Aged About 29 Years, R/o Subhash
Colony, S.t.c. Road, Pratapgar, Chittorgarh (Raj.). (Posted
As Teacher Grade Iii Level- I At Gps, Ramchouk, P.s.
Chittorgarh, District Chittorgarh).
15. Priyanka Bharadia D/o Shyam Sundar Bharadia W/o
Pradeep Kabra,, Aged About 35 Years, R/o C/o J.l.
Punglia, Gandhi Chowk, Kapda Bazar, Chittorgarh, Dist.
Chittorgarh (Raj.). (Posted As Teacher Grade Iii Level- Ii
Hindi At Gups, Kalyanpura, P.s. Nimbahera, District
Chittorgarh).
16. Meera Kumari Mali D/o Hira Lal Mali,, Aged About 37
Years, R/o Mundra Ki Badi, Bundi Road, Chittorgarh
(Raj.). (Posted As Teacher Grade Iii Level- Ii Social
Studies At Gups, Chand Kheda, P.s. Nimbahera, District
Chittorgarh).
(3 of 8) [CW-18884/2018]
17. Pratibha Paliwal D/o Ramesh Chandra Purohit,, Aged
About 39 Years, R/o C-71, Pratap Nagar, Chittorgarh
(Raj.). (Posted As Teacher Grade Iii Level- Ii Science
Maths At Ggups, Bardaud, P.s. Suwana, District Bhilwara).
18. Devendra Kumar Verma S/o Om Prakash,, Aged About 26
Years, R/o Village Thikariya, Post Chala, Tehsil Neem Ka
Thana, District Sikar (Raj.). (Posted As Teacher Grade Iii
Level- I At Gups, Raghunathgarh, P.s. Asind, District
Bhilwara).
19. Girraj Prasad Meena S/o Ramu Lal Meena,, Aged About 30
Years, R/o Junwalon Ki Dhani, Village Deeppura, Post
Chawandia, Via Bassi, Tehsil Jamwaramgarh, District
Jaipur (Raj.). (Posted As Teacher Grade Iii Level- I At
Gps, Bhagwanpura, P.s. Asind, District Bhilwara).
20. Surendra Mehra S/o Prahlad Mehra,, Aged About 29
Years, R/o Village Dhakad Kheri, Post Khajurna Kala,
Tehsil Anta, District Baran (Raj.). (Posted As Teacher
Grade Iii Level- I At Gps, Modi Ka Khera, P.s. Asind,
District Bhilwara).
21. Ghanshyam Meena S/o Sanwal Ram Meena,, Aged About
37 Years, Village Peelookheda, Post Gotod, Tehsil Bonli,
District Sawai Madhopur (Raj.). (Posted As Teacher Grade
Iii Level-Ii Sanskrit At Gups, Raghunathgarh, P.s. Asind,
District Bhilwara).
22. Sugana Soni D/o Laxman Lal Soni,, Aged About 40 Years,
Village Jaynagar (Shambhugarh), Tehsil Asind, District
Bhilwara (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Kishanpura (Para), P.s. Asind, District Bhilwara).
23. Nikita Ostwal D/o Shyam Sunder,, Aged About 28 Years,
Ostwalon Ka Mohalla, Merta Road, District Nagaur (Raj.).
(Posted As Teacher Grade Iii Level-Ii Sanskrit At Gups,
Perawa, P.s. Nagaur, District Nagaur).
24. Ram Raj Meena S/o Latoor Lal Meena,, Aged About 36
Years, Umarthoona, Gudha Nathawatan, District Bundi
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
Chainpuriya, Kalyanpura, Haron Ka Kheda, P.s.
Mandalgarh, District Bhilwara).
25. Mukesh Kumar Meena S/o Dara Singh Meena,, Aged
About 28 Years, Vpo Gadoli, Tehsil Jahazpur, District
Bhilwara (Raj.). (Posted As Teacher Grade Iii Level-I At
Gups, Kalbeliya Ka Dera, Srinagar, P.s. Mandalgarh,
(4 of 8) [CW-18884/2018]
District Bhilwara).
26. Keval Kumar S/o Sachanand,, Aged About 38 Years,
Village Talsar, Post Jalela, Tehsil Sedwa, District Barmer.
At Present C/o Rugharam Hagre, Chohtan, Dist. Barmer
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science
At Gss, Juna Lakhwara, Aantiya, P.s. Chohtan, District
Barmer).
27. Sandeep Kumar Bajya S/o Mohan Lal Bajya,, Aged About
28 Years, Vpo Vinayakpuri, Ratipura, Dantaramgarh,
District Sikar (Raj.). (Posted As Teacher Grade Iii Level-Ii
Science Maths At Ggups, Kahira, P.s. Panchoo, District
Bikaner).
28. Hansa Ram S/o Mahadan Ram,, Aged About 34 Years,
Vpo Bheelon Kapar, Tehsil Ramser, District Barmer (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, Rahumon Ki
Dhani, Arbi Ki Gafan, Ramjan Ki Gafan, P.s. Chohtan,
District Barmer).
29. Rakesh Pareek S/o Satyanarayan Pateek,, Aged About 34
Years, Karmchari Colony, Near Maya Devi Coaching,
Nokha, Dist. Bikaner (Raj.). (Posted As Teacher Grade Iii
Level-Ii Hindi At Shahid Constable Bajrang Gups, Kakada
(Dakshin), P.s. Nokha, District Bikaner).
30. Sanwat Ram Meena S/o Shrawan Lal Meena,, Aged About
31 Years, Village And Post Maharaj Kanwarpura, Post
Datwas, Tehsil Newai, Dist. Tonk. At Present Karmchari
Colony, Nokha, Dist. Bikaner (Raj.). (Posted As Teacher
Grade Iii Level-Ii Hindi At Gups, Udasar, P.s. Panchoo,
District Bikaner).
31. Sharmila Meena D/o Laohadehya Ram Meena,, Aged
About 28 Years, Thinga Ki Dhani, Thumdi, Tehsil Nangal
Rajavtan, District Dausa. At Present R/o Police Station
Nokha, District Bikaner (Raj.). (Posted As Teacher Grade
Iii Level-I At Gps, Puselvala, Manisar, P.s. Nokha, District
Bikaner).
32. Shankar Lal Verma S/o Mangtu Ram Verma,, Aged About
41 Years, Chak 30, A.s.a., Village Rawla, Tehsil Gharsana,
District Sri Ganganagar. At Present Behind Karwasra,
Flour Mill, Banglanagar, Bikaner (Raj.). (Posted As
Teacher Grade Iii Level-Ii English At Gups, Udasar, P.s.
Panchu, District Bikaner).
33. Damodar Das S/o Deva Ram,, Aged About 27 Years, 446,
(5 of 8) [CW-18884/2018]
Meghwalo Ka Pada, Gadra Road, District Barmer (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, Mathar Ka
Par, Shahdad Ka Par, P.s. Gadra Road, District Barmer).
34. Upendra Awasthi S/o Shripati Babu Awasthi,, Aged About
33 Years, 74, Govind Nagar, Rampura Road, Sanganer,
Jaipur (Raj.). (Posted As Teacher Grade Iii Level-Ii
Science Maths At Gups, Ewadi Manji, Dandali, P.s.
Sindhari, District Barmer).
35. Manju D/o Inder Singh,, Aged About 26 Years, Vpo
Khachwana, Tehsil Badra, Dist. Hanumangarh. At Present
Ward No. 8, Rebariyo Ka Goliya, Bakra Gawn, Tehsil
Jalore, Dist. Jalore (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Rebariyo Ka Goliya, Bakra Gawn, P.s.
Sayla, District Jalore).
36. Heena Choudhary D/o Sunil Choudhary,, Aged About 32
Years, C/o Pradeep Choudhary, 101, New Krishi Mandi
Link Road, Gandhi Nagar, Barmer (Raj.). (Posted As
Teacher Grade Iii Level-I At Gups, Sajitara, P.s. Sheo,
District Barmer).
37. Suman Mundotiya D/o Om Prakash Mundotiya,, Aged
About 27 Years, F-135, Nursingh Nagar, Jhotwara, Jaipur
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Peeta
Ka Pura, P.s. Dholpur, District Dholpur).
38. Sumitra Prajapat D/o Dhanraj Prajapat,, Aged About 39
Years, Kumhahar Mohalla, Nasirabad, District Ajmer
(Raj.). (Posted As Teacher Grade Iii Level-Ii English At
Gups, Kumawato Ka Guda, P.s. Badgaon, District
Udaipur).
----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, Elementary, Jodhpur.
5. The Chief Executive Officer, Zila Parishad, Chittorgarh.
6. The District Education Officer, Elementary, Chittorgarh.
7. The Chief Executive Officer, Zila Parishad, Churu.
(6 of 8) [CW-18884/2018]
8. The District Education Officer, Elementary, Churu.
9. The Chief Executive Officer, Zila Parishad, Bhilwara.
10. The District Education Officer, Elementary, Bhilwara.
11. The Chief Executive Officer, Zila Parishad, Nagaur.
12. The District Education Officer, Elementary, Nagaur.
13. The Chief Executive Officer, Zila Parishad, Barmer.
14. The District Education Officer, Elementary, Barmer.
15. The Chief Executive Officer, Zila Parishad, Bikaner.
16. The District Education Officer, Elementary, Bikaner.
17. The Chief Executive Officer, Zila Parishad, Jalore.
18. The District Education Officer, Elementary, Jalore.
19. The Chief Executive Officer, Zila Parishad, Dholpur.
20. The District Education Officer, Elementary, Dholpur.
21. The Chief Executive Officer, Zila Parishad, Udaipur.
22. The District Education Officer, Elementary, Udaipur.
----Respondents
For Petitioner(s) : Mr. Hanuman Singh Choudhary.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 14/12/2018 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-18884/2018] 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-18884/2018] 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 180-Rmathur/-
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