Rajasthan High Court - Jaipur
The State Of Rajasthan vs Girdhari Lal Balai S/O Keshu Balai on 28 September, 2018
Bench: Chief Justice, Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 932/2018
1. The State Of Rajasthan, Through Its Principal Education
Secretary, Secretariat, Govt. Of Rajasthan, Jaipur
2. The Secretary, Rural Development and Panchayati Raj
Department, Govt. of Rajasthan, Secretariat, Jaipur.
3. The Director Elementary Education, Bikaner
4. The District Education Officer (Elementary), District Bhilwara.
5. The District Education Officer (Elementary), District Pali.
----Appellant
Versus
1. Girdhari Lal Balai S/o Keshu Balai, Aged About 47 Years, R/o
Village Charot, Post Khemana, Tehsil Raipur, District Bhilwara,
Rajasthan.
2. Bherulal Regar S/o Mula Ram Regar, aged about 39 years, r/o
Village and Post Katar, Tehsil Aasind, District Bhilwara,
Rajasthan.
3. Pyar Singh S/o Nahar Singh, aged about 51 years, R/o Village
Hathi Bhata, Post Thana, Tehsil Kareda, District Bhilwara,
Rajasthan.
4. Mithu Singh Chouhan, s/o Lal Singh Chouhan, aged about 38
years, r/o Village Simki Patiya, Post Lasani, Tehsil Devgarh,
District Rajsamand, Rajasthan.
5. Prem Singh Rawat, s/o Amar Singh Rawat, aged about 42
years, r/o Village Phooldeh Ka Badiya, Post Datada Tehsil Aasind,
District Bhilwara Rajasthan
6. Balu Lal Sargera S/o Ram Chandra Sanrgera, aged about 47
years, R/o Village Post Dhuwala, Tehsil Kareda, Panchayat Samiti
Mandal, District Bhilwara, Rajasthan
7. Jyoti Sharma D/o Parveen Chandra Sharma, aged about 41
years, R/o Village and Post Chandras, Panchayat Samiti Mandal,
District Bhilwara. Rajasthan
8. Nirmala Kumar Gurjar D/o Bagu Ram Gujar aged about 36
years R/o Miyapala Ka Khera, Gram Panchayat Dhuwala, Tehsil
Mandal, District Bhilwara, Rajasthan.
9. Bharat Singh Chundawat S/o Indra Singh Chundawat, aged
about 38 years, R/o Sareri Chitamba Marwar Junction District
Pali Rajasthan.
(2 of 3) [SAW-932/2018]
----Respondent
For Appellant(s) : Mr. Y.S. Jadoun on behalf of Mr. S.K. Gupta(AAG) HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE INDERJEET SINGH Order 28/09/2018 D.B. Civil Misc. Application No.706/2018:
1. For the reasons stated in the application delay in filing the appeal is condoned.
2. The application is allowed.
D.B. Civil Special Appeal(W) No.932/2018:
1. Record of the writ petition filed by the respondents shows that without notice to the appellants, on the very first date of it being listed before the learned Single Judge the writ petition was allowed directing relief granted in terms of the decision reported as (2017) 1 SCC 148, State of Punjab & Ors. Vs. Jagjit Singh & Ors. wherein the Supreme Court held that daily rated, ad hoc, contractual or casual employees working against sanctioned post would be entitled to salary in the minimum of the pay scale.
2. The writ petition shows that the writ-petitioners were appointed as Para Teachers/Shiksha Karmi/Shiksha Sahyogi and it was not their case that their appointment was against sanctioned post. The Para Teachers/Shiksha Karmi/Shiksha Sahyogi were claiming parity with Prabodhak and Teachers Grade-III. Prayer made was to regularise the Para Teachers/Shiksha Karmi/Shiksha Sahyogi as Prabodhaks and pay them salary as Prabodhak.
(3 of 3) [SAW-932/2018]
3. The writ petition could not have been disposed of without notice to the appellants who were the respondents and thus we dispose of the appeal setting aside the impugned order dated 30.11.2017. S.B. Civil Writ Petition No.22118/2017 is restored for adjudication on merits with a request to the learned Single Judge to issue notice in the writ petition to the respondents therein. After granting the respondents in the writ petition an opportunity to file a reply the writ petition would be decided afresh.
4. All other pending applications are disposed of.
(INDERJEET SINGH),J (PRADEEP NANDRAJOG),CJ KKC/s-39 Powered by TCPDF (www.tcpdf.org)