Rajasthan High Court - Jodhpur
Suresh Chandra Jain And Ors vs State Of Rajasthan And Ors on 18 April, 2022
Author: Rekha Borana
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1924/2017
Dr. Deeraghram Ramsnehi S/o Shri Karuna Ram Ramsnehi,
Presently Working As Principal, Government Sanskrit Pg College,
Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskrit Education Department, Secretariat, Jaipur,
Rajasthan.
2. The State Of Rajasthan Through The Deputy Secretary,
Sanskrit Education Gr. Vi, Government Of Rajasthan,
Jaipur, Rajasthan.
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 2132/2017
1. Rameshwar Prasad Sharma S/o Shri Chiranji Lal, Retired
Professor, Government PG Sanskrit College, Jodhpur,
Presently Residing At 17/594, Chopasni Housing Board,
Jodhpur Raj.
2. Lal Chand Sharma S/o Shri Mool Chand Sharma, At
Present Working As Professor, Government PG Sanskrit
College, Jaipur. Presently Residing At Kashyap Bhawan,
Dilip Nagar, Lal Sagar, Jodhpur.
3. Mamraj Sharma S/o Shri Roodmal Sharma, At Present
Working As Professor, Govt. PG Sanskrit College, Sikar.
Presently Residing At Near Mosque, Nagori Gate, Jodhpur.
4. Dr. Sitaram Sharma S/o Shri Arjun Lal Sharma, At
Present Working As Professor, Government PG Sanskrit
College, Manoharpur, Jaipur. Presently Residing At
Dharamnarayan Ji Ka Hatha, Mahamandir, Jodhpur.
5. Dr. Vinod Bihari Sharma S/o Shri Shiv Kumar Sharma, At
Present Working As Professor, Government PG Sanskrit
College, Jaipur. Presently Residing At C-4, Nar Singh
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Vihar, Lal Sagar, Jodhpur.
6. Bharat Lal Sukhwal S/o Shri Chain Shanker, Professor
Retd., Government PG Sanskrit College, Udaipur.
7. Anand Purohit S/o Shri Dattatreya Shastri Purohit, Retired
Professor, Government PG Sanskrit College, Chirana. R/o
At 17/594 Chopasani Housing Board, Jodhpur Raj.
8. Satyanarain Sharma S/o Shri Bajranglal Sharma, At
Present Working As Professor, Government PG Sanskrit
College, Jaipur. Presently Residing At 17/594, Chopasni
Housing Boar, Jodhpur.
9. Mohan Lal Sharma S/o Shri Rameshwar Prasad, At
Present Working As Professor, Government PG Sanskrit
College, Jaipur. Presently Residing At Lal Sagar, Jodhpur.
10. Shri Sanwarmal Sharma S/o Shri Bhawar Lal Sharma, At
Present Working As Professor, Government Pg Sanskrit
College, Kota.
12. Dr. Bhaskar Sharma S/o Shri Sita Ram Shrotriya,
Professor, Presently Working As Principal, PG College,
Government Pg Sanskrit College, Jaipur. Presently
Residing At Section 7, Jodhpur.
13. Mr. Bhagwan Sahay Sharma S/o Shri Moti Lal Sharma,
Professor Retd., Government PG Sanskrit College, Jaipur.
Presently Residing At Subhash Chowk, Ratanada, Jodhpur.
14. Dr. Bajranglal Sharma S/o Shri Nanagram Sharma, At
Present Working As Professor, Government PG Sanskrit
College, Sikar. Presently Residing At C/o 15/594,
Chopasni Housing Board, Jodhpur.
15. Dr. Raj Kumar Joshi S/o Shri Moti Lal Joshi, Professor
Retd., Government PH Sanskrit College, Manoharpur,
Jaipur.
16. Dr. Ram Gopal Sharma S/o Shri Naganmal Sharma,
Presently Working As Professor, Government PH Sanskrit
College, Bikaner.
17. Dr. Mahaveer Prasad Saraswat S/o Shri Jagnnath Ram, At
Present Working As Professor, Government PG Sanskrit
College, Bikaner.
18. Dr. Om Prakash Sankholia S/o Shri Rameshwar Lal, At
Present Working As Professor, Government PG Sanskrit
College, Bikaner.
19. Dr. Ramkumar Dhadhich S/o Shri Ramehwar Lal,
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Presently Working As Principal, Government Sanskrit PG
College, Sikar. R/o 17/594, CHB Jodhpur Raj.
----Petitioners
Versus
1. State Of Rajasthan Through The Principal Secretary,
Sanskrit Education (Gr. VI) Department, Government of
Rajasthan, Jaipur.
2. The Director, Sanskrit Education, Shiksha Sankul, Jaipur
Raj.
3. The Principal Secretary, Finance Department, Government
of Rajasthan, Secretariat, Jaipur
----Respondents
S.B. Civil Writ Petition No. 2322/2017
Dr. Prabha Sharma W/o Shri K.K. Sharma, Presently Working As
Lecturer, Government Sanskrit PG College, Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskrit Education Department, Secretariat, Jaipur,
Rajasthan.
2. The State Of Rajasthan Through The Deputy Secretary,
Sanskrit Education Gr. Vi, Government Of Rajasthan,
Jaipur, Rajasthan.
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 2399/2017
1. Dr. Shailendra Swami S/o Shri Bajrang Das Swami, R/o
Moti Bai Ka Mandir, Manak Chowk, Jodhpur.
2. Dr. Sanjay Kumar Yadav S/o Shri Ram Singh Yadav, R/o
62, Ram Das Colony Behind Dushyant Vidhya Peeth,
Purani Sadak Manoharpur, Tehsil Shapura, Jaipur.
3. Smt. Sheela Choubisa D/o Shri Kedar Nath Chobisa, R/o
B-4, Bivekanand Colony, Ambewadi, Jaipur.
4. Smt. Chetana Pathak D/o Shri Shiv Kumar Bhatt, R/o
381, Bada Akhara, Mangla Mata Marg, Brahampuri, Jaipur
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5. Dr. Smt. Indra Khatri D/o Shri Gulab Chand Maretha, R/o
537, Rani Sati Nagar, Ajmer Road, Jaipur.
6. Manoj Kumar Shortha S/o Shri Arjun Lal Shortha, R/o
Sikar
7. Kailash Chandra Bunkar S/o Shri Chhitar Mal Bunkar, R/o
Vill. And Post Cheethwari, Tehsil- Chomu, Jaipur.
8. Jagdeesh Parsad Meena S/o Shri Ramdev Meena, R/o
Maharajpura, Talaw Gaon, Dausa.
9. Kailash Chandra Sharma S/o Shri Moti Lal Sharma, R/o
Maharaj Pura, Talaw Gaon, Dausa.
10. Dr. Khagendra Nath Jha S/o Late Shri Sankashta Mochan
Jha, R/o Near Hanuman Ji Ka Mandir, Tipta, Kota.
11. Mahendra Kumar Purohit S/o Shri Ramrakh Purohit, R/o
23, Prithvi Raj Nagar, Jhalamand Circle, Jodhpur.
12. Lalit Kumar Mishra S/o Shri Basant Kumar Mishra, R/o
Bihari Ganj, Ajmer
13. Shambhu Dayal Gautam S/o Shri Bhawani Shankar, R/o
Maharajpura, Talaw Gaon, Dausa
14. Vinay Chandra Jha S/o Shri Pitamber Jha, R/o Ganj,
Ajmer
15. Smt. Varindar Bhattacharya W/o Shri Varindar Devashish
Bhattacharya, R/o C-104, Kanak Vrindawan Township,
Jaipur.
16. Hansraj Meena S/o Shri Ram Roop Meena, R/o Chouth Ka
Barwada, District- Swaimadhopur.
----Petitioners
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskrit Education, Secretariat, Jaipur, Rajasthan.
2. The State Of Rajasthan Through The Deputy Secretary,
Sanskrit Education Group-Vi, Government Of Rajasthan,
Jaipur, Rajasthan.
3. The Principal Secretary, Finance Department, Government
Of Rajasthan, Jaipur, Rajasthan.
4. The Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
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S.B. Civil Writ Petition No. 2400/2017
1. Suresh Chandra Jain S/o Shri Mitha Lal Jain, R/o V/p
Ganoda, Banswara.
2. Vishnu Sharan Sharma S/o Shri Ratan Lal, R/o Ram
Nagar, Ajmer
3. Dr. Bhoj Raj Sharma S/o Shri Ghishi Lal Sharma Joshi, R/
o 62, Ram Das Colony Behind Dushyant Vidhya Peeth,
Purani Sadak Manoharpur, Tehsil- Sahpura, Jaipur
4. Mahesh Kumar Sharma S/o Shri Shiv Dutt Sharma, R/o
Lohar Mandi Darwaje Ke Pass, Post Manoharpur Jaipur.
5. Dr. Shambhu Nath Mishra S/o Shri Neeras Mishra, R/o
4/291, Malviya Nagar, Jaipur.
6. Smt. Rekha Verma D/o Bhanwar Lal Verma, R/o A-586,
Govind Marg, Malviya Nagar, Jaipur.
7. Sita Ram Koli Mahawar S/o Shri Pooni Ram Koli, R/o Vill.
Hodayali, Tehsil- Lalsot, Dausa
8. Narotam Lal Sharma S/o Shri Badri Parsad, R/o Near Sita
Ram Ji Ka Mandir, Neem Ka Thana, Dist. Sikar.
----Petitioners
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskrit Education, Secretariat, Jaipur, Rajasthan.
2. The State Of Rajasthan Through The Deputy Secretary,
Sanskrit Education Group-Vi, Government Of Rajasthan,
Jaipur, Rajasthan.
3. The Principal Secretary, Finance Department, Government
Of Rajasthan, Jaipur, Rajasthan
4. The Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 2401/2017
1. Prem Sukh Sharma S/o Shri Govind Ram Sharma, R/o
Village Badbirana, Tehsil Nohar, District Hanumangarh,
Rajasthan.
2. Ram Chandra Ameta S/o Shri Kashi Ram Ameta, R/o
Gayatri Sadan, Govind Nagar, Teliyo Ka Talab, Nathdwara,
Rajsamand.
3. Dr Puri Lal Sharma S/o Shri Laxmi Narayan Sharma, R/o
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B-356, Nathpuram, Kota.
4. Dr. Bhagwati Lal Sukhwal S/o Late Shri Jamana Lal
Sukhwal, R/o 5 Kushal Bag Khara Kua, Purana Saint
Gregoriyas Chool Road, 100 Fit Road, University Road,
Udaipur.
5. Dr. Ishwar Das Sharma S/o Shri Bhagwan Das Sharma,
R/o 6-A, Aditya Nagar, Morija Road Chomu, Jaipur.
6. Mohan Chandra Sharma S/o Shri Uma Shankar Sharma,
R/o Gali Bortan, Mohalla 10 Bissa Goverdhan, District
Mathura Up C/o Shailendra Swami, Moti Bai Ka Mandir,
Manak Chouk, Jodhpur.
7. Suresh Kumar Sharma S/o Shri Brij Mohan Chandra
Sharma, R/o Near Sanskrit College, Srimadhopur, District
Sikar, C/o Ramesh Kumar, C-112, Shastri Nagar, Jodhpur.
8. Smt. Pushpa Parihar D/o Shri Govind Singh, R/o
Pushpanjali, 4350, Vyas Colony, Behind Ratan Singh Ki
Chowki, Nahari Ka Naka, Shastri Nagar, Jaipur.
9. Dr. Smt. Nisha Rani W/o Shri Narendra Kumar Gupta, R/o
6-B, 27, Mahaveer Nagar-Iii, Kota.
10. Nand Kishore Sharma S/o Shri Prabhu Lal Sharma, R/o 2-
D-45, Talwandi, Kota.
----Petitioners
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskrit Education, Secretariat, Jaipur, Rajasthan.
2. The State Of Rajasthan Through The Deputy Secretariat,
Education Group-Vi, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Principal Secretariat, Finance Department,
Government Of Rajasthan, Jaipur, Rajasthan.
4. The Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 2421/2017
1. Bhanwar Lal Sharma Son Of Shri Sita Ram Ji, Presently
Working As Lecturer, Government Shastri Sanskrit
College, Salasar, Churu.
2. Sri Ram Son Of Shri Jot Ram, Presently Working As
Lecturer, Government P.g. Sanskrit College, Bikaner.
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3. Namamee Shankar Bissa Son Of Shri Balkishan Ji, R/o
Jodhpur Presently Working As Lecturer, Government
Maharaj Acharya Sanskrit College, Jaipur.
4. Alka Desh Wife Of Shri Dinesh Sharma, R/o Jodhpur
Presently Working As Lecturer, Government Pg Sanskrit
College, Ajmer.
5. Richa Sharma Wife Of Shri Vimlesh Sharma, R/o Udaipur
Working As Lecturer, Government Shastri Sanskrit
College, Kotkasim, Alwar.
6. Narotam Narayan Gautam Son Of Shri Chiranji Lal Ji, R/o
Nagaur, Presently Working As Lecturer, Government
Shastri Sanskrit College, Chouth Ka Barwara,
Sawaimadhopur.
7. Dr. Sita Ram Dotoliya Son Of Shri Ramswaroop Dotoliya,
R/o Churu, Presently Working As Lecturer, Government
Shastri Sanskrit College, Kaladera, Jaipur.
8. Dr. Babu Lal Sharma Son Of Late Shri Ramswaroop
Sharma, R/o Jodhpur, Presently Working As Lecturer,
Government Girls Shastri Sanskrit College, Chak Sikar.
9. Suresh Chand Sharma Son Of Shri Gyashi Ram, R/o
Udaipur, Presently Working As Lecturer, Government
Shastri Sanskrit College, Kaladera, Jaipur.
10. Arun Kumar Sharma Son Of Late Shri Hari Narayan
Sharma, R/o Nagaur, Presently Working As Lecturer,
Government Shastri Sanskrit College, Kaladera, Jaipur.
11. Jankivallabh Sharma Son Of Shri Ayodhya Prasad
Sharma, R/o Churu, Presently Working As Lecturer,
Government Shastri Sanskrit College, Mahapura, Jaipur.
12. Dr. Mahesh Chandra Sharma Son Of Shri Bihari Lal Ji
Sharma, R/o Jodhpur, Presently Working As Lecturer,
Government Shastri Sanskrit College, Titariya, Jaipur.
13. Dr. Gopal Mishra Son Of Shri Khadag Nath Ji Mishra, R/o
Bikaner, Presently Working As Lecturer, Government
Maharaj Acharya Sanskrit College, Jaipur.
14. Dr. Dwijendra Nath Mishra Son Of Shri Vaijaynath Mishra,
R/o Bikaner, Presently Working As Lecturer, Government
Maharaj Acharya Sanskrit College, Gandhi Nagar, Jaipur.
15. Jai Shankar Choudhary Son Of Late Shri Umesh
Choudhary, R/o Jodhpur, Presently Working As Lecturer,
Government Maharaj Acharya Sanskrit College, Gandhi
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Nagar, Jaipur.
16. Veena Sharma D/o Shri Jugal Kishore, R/o Udaipur,
Presently Working As Lecturer, Government Girls Shastri
Sanskrit College, Chak Sikar.
17. Dr. Ashok Kumar Jha Son Of Shri Babuan Ji Jha, R/o
Rajsamand, Presently Working As Lecturer, Government
Shree Dhuleshwar Acharya Sanskrit College, Manoharpur,
Jaipur.
18. Parasram Pancholi Son Of Shri Ram Dev Ji, R/o Udaipur,
Presenlty Working As Lecturer, Government Shastri
Sanskrit College, Chechat Kota.
19. Sanjay Chawla Son Of Shri Jaggannath Chawla, R/o
Udaipur, Presently Working As Lecturer, Government
Shastri Sanskrit College, Chechat Kota.
20. Dr. Jaiprakash Mishra Son Of Shri Vasu Deo Mishra, R/o
Bikaner, Presently Working As Lecturer, Government
Shastri Sanskrit College, Mahapura, Jaipur.
21. Dr. Arun Kumar Jain Son Of Shri Manohar Lal Jain, R/o
Udaipur, Presently Working As Lecturer, Government
Shastri Sanskrit College, Mahapura, Jaipur.
22. Dr. Hari Prasad Sharma Son Of Shri Prabhu Lal Sharma,
R/o Churu, Presently Working As Lecturer, Government
Shastri Sanskrit College, Dausa.
23. Deendayal Sharma Son Of Shri Kanhaiyalal Sharma, R/o
Churu, Presently Working As Lecturer, Government
Shastri Sanskrit College, Dausa.
24. Raghuveer Singh Jatav Son Of Shri Banshi Ram Jatav, R/o
Nagaur, Presently Working As Lecturer, Government
Shastri Sanskrit College, Dausa.
25. Lallu Ram Verma Son Of Shri Ganga Ram Verma, R/o
Churu, Presently Working As Lecturer, Government
Shastri Sanskrit College, Dausa.
26. Sita Ram Gurjar Son Of Shri Suraj Mal Gurjar, R/o
Pratapgarh, Presently Working As Lecturer, Government
Shastri Sanskrit College, Dausa.
27. Vishambhar Dayal Samriya Son Of Shri Sohan Lal
Samriya, R/o Udaipur, Presently Working As Lecturer,
Government Shastri Sanskrit College, Kotkasim, Alwar.
28. Vineet Kumar Gupta Son Of Shri Phool Chand Gupta, R/o
Bikaner, Presently Working As Lecturer, Government
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Shastri Sanskrit College, Kotkasim, Alwar.
29. Naresh Kumar Khateek Son Of Shri Heera Lal Khateek, R/
o Bikaner, Presently Working As Lecturer, Government
Shastri Sanskrit College, Kotkasim, Alwar.
30. Yashashvati Jha Son Of Shri Nateh Jhan, R/o Chittorgarh,
Presently Working As Lecturer, Government Shastri
Sanskrit College, Kotkasim, Alwar.
31. Aaradhna Sarwan D/o Shri Sohan Lal, R/o Churu,
Presently Working As Lecturer, Government Shastri
Sanskrit College, Kotkasim, Alwar.
32. Gajendra Tayal Son Of Shri Bhagwan Shai Gupta, R/o
Churu, Presently Working As Lecturer, Government
Shastri Sanskrit College, Kotkasim, Alwar.
33. Chandra Shekhar Sharma Son Of Shri Chaturbhuj
Sharma, R/o Bikaner, Presently Working As Lecturer,
Government Shastri Sanskrit College, Kotkasim, Alwar.
34. Indra Narain Jha Son Of Shri Rati Kant Jha, R/o Churu,
Presently Working As Lecturer, Government Shastri
Sanskrit College, Chechat Kota.
35. Shilpi Gupta D/o Shri Banwari Lal Gupta, R/o Udaipur,
Presently Working As Lecturer, Government Acharya
Sanskrit College, Ajmer.
36. Gangasahay Sharma Son Of Shri Kedar Prasad Ji, R/o
Bikaner, Presently Working As Principal, Government
Shastri Sanskrit College, Cheethwadi.
37. Avdhesh Sharma Son Of Shri Vishambhar Sharma, R/o
Bikaner, Presently Working As Lecturer, Government
Acharya Sanskrit College, Kota.
38. Nandlal Son Of Shri Satyanarayan Sharma, R/o Nagaur,
Presently Working As Lecturer, Government Acharya
Sanskrit College, Bharatpur.
39. Dharam Singh Gujar Son Of Shri Kishan Das Ji, R/o
Rajsamand, Presently Working As Lecturer, Government
Shastri Sanskrit College, Bundi, Sawaimadhopur.
----Petitioners
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskrit Education, Government Of Rajasthan, Jaipur,
Rajasthan.
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2. Principal Secretary, Finanace Department, Government Of
Rajasthan, Jaipur, Rajasthan.
3. State Of Rajasthan Through The Deputy Secretary
Education Department Group-Vi, Secretariat, Jaipur,
Rajasthan.
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 2571/2017
1. Topa Ram Barecha S/o Shri Hariram, By Caste Sc, R/o
18-E-28, Chopasni Housing Board, Jodhpur
2. Yogesh Kumar Sharma S/o Shri Vishwambhar Dutt
Sharma, By Caste Sharma, Working As Lecturer
Government Pg Sanskrit College, Ghoron Ka Chowk,
Jodhpur
3. Ripudaman Sharma S/o Shri Jagdish Prasad Sharma,
Presently Resident At Khanda Falsa, Jodhpur
----Petitioners
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskrit Education Department, Secretariat, Jaipur,
Rajasthan
2. The State Of Rajasthan Through The Deputy Secretary,
Sanskrit Education Gr. Vi, Government Of Rajasthan,
Jaipur, Rajasthan
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan
----Respondents
S.B. Civil Writ Petition No. 2724/2017
1. Anuradha Purohit W/o Shri Kanti Lal, By Caste Brahmin,
R/o Nathawaton Ki Gali, Johdpur.
2. Vinod Kumar Yadav S/o Shri Panchu Singh, By Caste
Yadav, R/o Village And Post Udairamsar, District Bikaner.
3. Bhaskar Sharma S/o Shri Prakash Chandra, By Caste
Sharma, Working As Lecture, Government Sanskrit
College, Chandpole, Jodhpur.
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4. Lal Chand Bohra S/o Shri Mahaveer Prasad Bohra,
Working As Lecturer In Rajasthan Shastri Sanskrit
College, Neema Ka Thana, Sikar.
----Petitioners
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskrit Education Department, Secretariate, Jaipur,
Rajasthan.
2. The State Of Rajasthan Through The Deputy Secretary,
Sanskrit Education Gr.vi, Government Of Rajasthan,
Jaipur, Rajasthan.
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur Rajasthan.
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 2906/2017
Laxmi Narayan Bhargav S/o Shri Gopi Vallabh Bhargav, R/o C/o
Shri Hari Singh Rajpurohit, Chopasani Road, Suthla Behind
Ramdev Mandir, Johdpur, Presently Retired From Government
Sanskrit P.g. College, Ajmer From The Post Of Professor.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskirt Education Department, Secretariate, Jaipur,
Rajasthan.
2. The State Of Rajasthan Through The Deputy Secretary,
Sanskirt Education Gr. Vi Government Of Rajasthan,
Jaipur, Rajasthan.
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 3008/2017
1. Virendra Kumar Nanoma S/o Shri Bhanjee, Resident Of
Ward No. 7, Sagwadara, Dungarpur.
2. Suraj Mal Gautam S/o Shri Mool Chand Gautam, R/o
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47/175, Kiran Path, Mansarowar, Jaipur.
3. Ramswaroop Jatav through her legal heir:-
3/1 Bhagwani Devi W/o Late Shri Ramswaroop Jatav,
Resident of B/147, Malviya Nagar, Alwar (Rajasthan).
4. Vinod Kumar Gupta S/o Shri Kishan Lal, R/o A-110, Laxmi
Nagar, Post Office Krishna Nagar, Mathura, U.P.
----Petitioners
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Sanskrit Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Jaipur, Rajasthan.
3. State Of Rajasthan Through The Deputy Secretary,
Education Department Group- Vi, Secretariat, Jaipur,
Rajasthan.
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 16300/2018
Dr. Dheeraghram Ramsnehi S/o Shri Karuna Ram Ramsnehi, Aged
About 57 Years, Presently Working As Principal, Government Sanskrit
PG College, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary, Sanskrit
Education Department, Secretariat, Jaipur, Rajasthan.
2. The State Of Rajasthan, Through The Deputy Secretary,
Sanskrit Education (Gr Vi), Government Of Rajasthan, Jaipur,
Rajasthan.
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 17218/2018
1. Topa Ram Barecha S/o Shri Hariram, Aged About 63
Years, By Caste Sc, R/o 18-E-28, Chopasni Housing
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Board, Jodhpur.
2. Yogesh Kumar Sharma S/o Shri Vishwambhar Dutt
Sharma, Aged About 63 Years, By Caste Sharma, Retired
As Lecture Government Pg Sanskrit College, Ghoron Ka
Chowk, Jodhpur.
3. Ripudaman Sharma S/o Shri Jagdish Prasad Sharma,
Aged About 64 Years, Presently Resident Of Khanda Falsa,
Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Sanskrit Education Department, Secretariat, Jaipur,
Rajasthan.
2. The State Of Rajasthan, Through The Deputy Secretary,
Sanskrit Education (Gr.vi), Government Of Rajasthan,
Jaipur, Rajasthan.
3. Principal Secretary, Finance Department Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 17324/2018
Dr. Prabha Sharma W/o Shri K.K. Sharma, Aged About 62 Years,
Retired Lecturer, R/o 10 Dilip Nagar, Near Hanvant Adarsvidya
Mandir Lal Sagar, Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Sanskrit Education Department, Secretariat, Jaipur,
Rajasthan.
2. The State Of Rajasthan, Through The Deputy Secretary,
Sanskrit Education (Gr. Vi), Government Of Rajasthan,
Jaipur, Rajasthan.
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
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(14 of 18) [CW-1924/2017]
S.B. Civil Writ Petition No. 17327/2018
1. Dr. Rajendra Prasad Bhatt S/o Shri Panna Lal, Aged About
57 Years, Presently Working As Lecturer, Government Pg
Sanskrit College, Udaipur.
2. Shivnath Misra S/o Shri Bhawani Shankar, Aged About 57
Years, 198, Kamla Nehru Nagar, Jodhpur.
3. Rajni Chaturvedi W/o Shri Mukesh Chaturvedi, Aged
About 53 Years, Presently Working As Lecture,
Government Pg Sanskrit College, Udaipur.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Sanskrit Education Department, Secretariat, Jaipur,
Rajasthan.
2. The State Of Rajasthan, Through The Deputy Secretary,
Sanskrit Education (Gr.vi), Government Of Rajasthan,
Jaipur, Rajasthan.
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
4. Director, Sanskrit Education, Shiskha Sakul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18614/2018
Laxmi Narayan Bhargav S/o Shri Gopi Vallabh Bhargav, Aged
About 62 Years, C/o Shri Hari Singh Rajpurohit, Chopasani Road,
Suthla Behind Ramdev Mandir, Jodhpur. Presently Retired From
Government Sanskrit P.G. College, Ajmer From The Post Of
Professor.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Sanskrit Education Department, Secretariat, Jaipur,
Rajasthan.
2. The State Of Rajasthan, Through The Deputy Secretary,
Sanskrit Education (Gr.VI), Government Of Rajasthan,
Jaipur, Rajasthan.
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
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(15 of 18) [CW-1924/2017]
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 2319/2017
1. Dr. Rajendra Prasad Bhatt S/o Shri Panna Lal, Aged
About 56 Years, Presently Working As Lecturer,
Government PG Sanskrit College, Udaipur.
2. Shivnath Misra S/o Shri Bhawani Shankar, Aged About
56 Years, 198, Kamla Nehru Nagar, Jodhpur.
3. Dr. Rajni Chaturvedi W/o Shri Mukesh Chaturvedi,
Aged About 52 Years, Presently Working As Lecture,
Government PG Sanskrit College, Udaipur.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal
Secretary, Sanskrit Education Department, Secretariat,
Jaipur, Rajasthan.
2. The State Of Rajasthan, Through The Deputy Secretary,
Sanskrit Education (Gr.VI), Government Of Rajasthan,
Jaipur, Rajasthan.
3. Principal Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
4. Director, Sanskrit Education, Shiksha Sankul, Jaipur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Manoj Bhandari, Sr. Advocate
assisted by Mr. Aniket Tater.
Mr. Kuldeep Mathur, Sr. Advocate
assisted by Mr. Rahul Vyas.
Mr. Rajesh Joshi, Sr. Advocate
assisted by Mr. Anirudh Kothari
Mr. Hukum Singh.
For Respondent(s) : Mr. A. K. Gaur, AAG
Mr. Salman Agha.
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(16 of 18) [CW-1924/2017]
HON'BLE MS. JUSTICE REKHA BORANA
Order 18/04/2022 The present writ petitions have been filed aggrieved of the orders dated 24.09.2018 and 05.10.2018 respectively, whereby recovery has been sought to be made from the petitioners on the basis of the order dated 11.01.2017 (Annex.-26), whereby it had been directed that if any excess amount has been paid to the petitioners qua the wrong fixation of the payment of arrears prior to 01.01.2006, the same be recovered from them.
Before adverting to the controversy in question, it is relevant to state the brief facts of the present matter. At the first instance, certain writ petitions were filed with a prayer for fixation and revision of pay scale to the petitioners in terms of UGC pay scales equivalent to the other Colleges. The said writ petitions of the petitioners were allowed and they were directed to be granted the UGC pay scale w.e.f. the date of filing of the writ petitions. The said order was put to review and ultimately, it was directed by the Division Bench that the arrears would be payable w.e.f. 01.01.2006 and not from the date of filing of the writ petitions.
The Division Bench of this Court vide judgment dated 31.07.2019 in the case of Dr. Babu Lal Sharma & Anr. v. The State of Rajasthan & Ors.; D.B. Special Appeal (Writ) No.81/2019 directed as under:-
"We are therefore persuaded to allow this appeal. Ordered accordingly. The impugned order of the learned Single Judge dated 15.12.2018 is set aside. The writ petition of the petitioners/appellants is allowed. The respondents (Downloaded on 26/12/2022 at 02:09:43 AM) (17 of 18) [CW-1924/2017] are directed to pay arrears to the petitioners/appellants for the period from 01.01.2006 to 30.06.2012 as a result of promulgation of the Rules of 2012 within a period of three months from the date a copy of this order is produced before them."
In pursuance to the judgment of the Division Bench, the Department proceeded on to pay the arrears to some employees and as submitted, is in process of the same for the others. The dispute arose, when the order dated 11.01.2017 was issued, whereby it was directed that if any excess amount qua the arrears have been paid to any of the employees because of miscalculation from a date prior to 01.01.2006, the same be recovered from them. Two consequential orders for direction to recover the said amount were also issued by the Department.
It seems that after filing of the writ petitions and the reply to the same by the State Department, it was revealed that actually no arrears were paid to any of the employees w.e.f. the date prior to 01.01.2006. For the period prior to 01.01.2006, only notional benefits had been granted and no monetary benefits had even otherwise been granted. Therefore, when no arrears were ever paid for that period, no question of recovery of any excess amount even arise.
Counsel for the respondents also admitted that till date no notice for recovery of amount has been served on any of the employees in pursuance to the order dated 11.01.2017. Counsel could not refute the submission that actually no arrears were paid to any employees for the period prior to 01.01.2006.
Counsel for the petitioners drew the attention of this Court to the order dated 02.02.2022 issued by the respondent- (Downloaded on 26/12/2022 at 02:09:43 AM)
(18 of 18) [CW-1924/2017] Department, whereby the benefits of the 7 th pay Commission have been extended to the petitioners with effect from the date of the initial appointment. The said order also clarifies the position. Had there been any arrears paid in excess and found to be recoverable, the order dated 02.02.2022 could not have been issued by the Department. It is clear on record that no excess amount had ever been paid to the employees and neither the same was found to be recoverable.
In view of the above position, it is clear on record that no amount had ever been paid in excess to be found recoverable and therefore, no effective relief requires to be granted in the present writ petitions.
Therefore, the present writ petitions are disposed of with a direction that if because of the impugned orders, any consequential reliefs such as pensionary or retiral benefits have not been granted to the petitioners who have since retired, the process for the payment of the same may now be taken up by the Department and the dues/benefits be granted to the petitioners in terms of the law applicable.
All the pending applications also stand disposed of.
(REKHA BORANA),J 16,21,22,24 to 36 & 37-Sachin/-
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