Rajasthan High Court - Jodhpur
Gunesha Ram vs The State Of Rajasthan on 2 November, 2018
Author: Dinesh Mehta
Bench: Arun Bhansali, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ No. 17143/2018
1. Gunesha Ram S/o Veesa Ram, Aged About 26 Years, R/o Village And Post Mate Ka Tala, Tehsil Chohtan, District Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Alarakhaniyon Ki Basti, Konra, P.s. Chohtan, District Barmer).
2. Jeewani Suthar S/o Shivkaran Suthar,, Aged About 29 Years, R/o Village And Post Lohasana Bara, Tehsil And District Churu (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Ginri Patta, Rajpura, P.s. Churu, District Churu).
3. Durga Ram S/o Vagta Ram Choudhary,, Aged About 30 Years, R/o Village And Post Katrla, Tehsil Dhorimana, District Barmer (Raj.). (Posted As Teacher Grade Iii Level- I At Gups, Serpura, P.s. Sedwa, District Barmer).
4. Mangala Ram S/o Bheenya Ram,, Aged About 28 Years, R/o Village And Post Doongri, Tehsil Chitalwana, District Jalore (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Serpura, P.s. Sedwa, District Barmer).
5. Basant Kumar S/o Bhajan Lal,, Aged About 39 Years, R/o Village And Post Akhaigarh, Tehsil Nadbai, District Bharatpur (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Bachhala (Bhairudi), P.s. Sedwa, District Barmer).
6. Rakesh Barala S/o Pitram Barala,, Aged About 30 Years, R/o Village Bari Ka Bass, Post Sari, Tehsil Chirawa, District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Rohila West, Sunari, P.s. Sedwa, District Barmer).
7. Nakul Singh S/o Tej Singh,, Aged About 26 Years, R/o Village And Post Santruk, Tehsil Kumher, District Bharatpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Iraniya, P.s. Laxmangarh, District Alwar.).
8. Rimpal Pareek S/o Satyanarayan,, Aged About 25 Years, R/o 142, Ward No. 3, Amar Colony, 3Str, 24 Asc, Sri Ganganagar (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, 4 Rjd (B), P.s. Khajuwala, District Bikaner).
9. Dinesh Kumar Choudhary S/o Sitaram Choudhary,, Aged About 30 Years, R/o Village Ajaypura, Post Loharwada, (2 of 9) [CW-17143/2018] Tehsil Piplu, District Tonk (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Jirota, Vighani, P.s. Sanganer, District Jalore).
10. Bintu Kumar Kalodiya S/o Santosh Kumar,, Aged About 35 Years, R/o Village And Post Patan, Ward No. 06, Tehsil Neem Ka Thana, District Sikar (Raj.) (Posted As Teacher Grade Iii Level-Ii At Gups, Bakshipura, P.s. Patan, District Sikar.).
11. Munesh Kumari Yadav D/o Santlal Yadav,, Aged About 27 Years, R/o Village Meena Ki Nangal, Post Rampura Bega Ki Nangal, Tehsil Neem Ka Thana District Sikar (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Bakshipura, P.s. Patan, District- Sikar.
12. Madan Lal S/o Patram Nayak,, Aged About 29 Years, R/o Ward No. 5, Nirwal, District Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Kheruwala, Pugal, P.s. Khajuwala, District Bikaner).
13. Manju Choudhary D/o Pokhar Ram,, Aged About 26 Years, R/o Village Nehru Nagar, Vpo Hudeel, P.s. Kuchaman, Tehsil Nawa, District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-Ii At Gups, Mawa (Ramdeora), P.s. Sankara, District- Jaisalmer).
14. Anita Kharia D/o Phoolchand Kharia,, Aged About 30 Years, R/o 309 Basntvihar, Bhanwar Colony, Sikar (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups Bhatiyali Naadi, P.s. Sindhari, District Barmer).
15. Paloo Devi D/o Bhakhara Ram W/o Pakash Chand Bishnoi,, Aged About 27 Years, R/o Siyako Ki Dhani, Tehsil Chitalwana, District Jalore (Raj.). (Posted As Teacher Grade Iii Level-I At Gps Rebariyo Ka Goliya, Arnay, P.s. Sanchore, District Jalore).
16. Girja Jingar D/o Jeeva Ram W/o Bharat Kumar Solanki,, Aged About 26 Years, R/o Jingaro Ka Mohala, Jhab, District Jalore (Raj.). (Posted As Teacher Grade Iii Level-I At Gps Gangadi Nadi Bhagal Septa, P.s. Bhinmal, District Jalore).
17. Priyanka Sarawag D/o Ram Niwas Sarawag,, Aged About 28 Years, R/o Ward No. 06, Boontiya, District Churu (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups Karanpura, P.s. Taranagar, District Churu).
18. Binnu Kanwar Shekhawat D/o Mal Singh Shekhawat W/o (3 of 9) [CW-17143/2018] Mohan Singh Rathore,, Aged About 36 Years, R/o C-2, Annalaya, B.n. Staff Quarters, Near Sevasharam, Shastri Circle, Girwa, District Udaipur (Raj.). (Posted As Teacher Grade Iii Level-Ii Hindi At Gups Surajgarh, P.s. Gogunda, District Udaipur).
19. Chuki D/o Jairam Limba W/o Manesh Ram,, Aged About 27 Years, R/o Village Dehru, District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Selu, P.s. Badgaon, District Udaipur).
20. Vijay Aloriya S/o Ramchandra Aloriya,, Aged About 32 Years, R/o Aa-25 Varun Colony, Opp. V.t. Road, New Sanganer Road, Mansarover, Jaipur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Mata Ji Khera, Devaliya Kalan, P.s. Bhinay, District Ajmer).
21. Prem Kumar S/o Dheera Ram, Aged About 30 Years, R/o Village And Post Kharantiya Baitu, Tehsil Baitu, District Barmer (Raj.).(Posted As Teacher Grade Iii Level-I At Gps Awani Siyago Ki Dhani, Nehro Ki Dhani, P.s. Gudamalani, District Barmer).
22. Jala Ram S/o Kheraj Ram,, Aged About 31 Years, R/o Village Dablisara, Post Chawa, Tehsil And District Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gps Derpana, P.s. Sindhari, District Barmer).
23. Asu Ram S/o Prahlad Ram,, Aged About 25 Years, R/o Village Dablisara, Post Chawan, Tehsil And District Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gps Bhuvriya Purohito Ki Dhani, Nakhoda, P.s. Sindhari, District Barmer).
24. Banka Ram S/o Jetha Ram,, Aged About 28 Years, R/o Motiyoniyo Ka Tala, Sanjata, Tehsil And District Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gps Gugarwalon Ki Dhani, Khara Mahecha, P.s. Sindhari, District Barmer).
25. Gulam Husen S/o Meera Khan,, Aged About 32 Years, R/o Village Kari, Post Gida, District Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gps Bhairani Rabariyo Ki Dhani, Ambawa, P.s. Sedwa, District Barmer).
26. Rameshwar Prasad Patrod S/o Kalu Ram Harijan,, Aged About 25 Years, R/o Udaibhan Gate Ke Andar, Shahpura, District Bhilwara (Raj.). (Posted As Teacher Grade Iii Level-I At Gups Kesarpura, Dahimatha, P.s. Mandal, (4 of 9) [CW-17143/2018] District Bhilwara).
27. Babita Kumari D/o Pyare Lal, Aged About 28 Years, R/o Mandal, District Bhilwara (Raj.). (Posted As Teacher Grade Iii Level-I At Gps Aamli Colony, P.s. Mandal, District Bhilwara).
28. Kiran Saini D/o Laxman Ram,, Aged About 27 Years, R/o Dhani Nandpura, Village And Post Kankariya, District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-I At Gps Bheru Khera, P.s. Mandal, District Bhilwara).
29. Chhagana Ram S/o Indra Ram,, Aged About 32 Years, R/o Village And Post Madasar, Tehsil- Pokaran, District Jaisalmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Lalani Meghwalo Ki Dhani, P.s Shiv, District Barmer).
30. Ashok S/o Chimna Ram,, Aged About 29 Years, R/o Ramrawas Khurd, Tehsil Pipar City, District Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Khatinada, Lakheta, Motaniya Nagar, P.s. Bapini, District Jodhpur).
31. Dalpat Ram S/o Sona Ram,, Aged About 27 Years, R/o Jasntah Nagar, Khetasar, Tehsil Osian, District Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Hinaniyo Ki Dhani, Hanuman Sagar, P.s. Bapini, District Jodhpur).
32. Mahipal Pooniya S/o Dharma Ram Pooniya, Aged About 29 Years, R/o Pooniya Ki Dhani, Kheri Charna, Tehsil Pipar City, District Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Bagji Ki Dhani, Kadwa, P.s. Bapini, District Jodhpur).
33. Jawan Ram S/o Teja Ram Beniwal,, Aged About 32 Years, R/o Beniwalo Ka Bas, Kagal,t Ehsil Pipar City, District Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Panwaro Mahechon Ki Dhani, Barsingo Ka Bas, P.s. Bapini, District Jodhpur).
34. Ramesh S/o Om Prakash,, Aged About 27 Years, R/o Kheri Salwa, Tehsil Pipar City, District Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Panwaro Mahechon Ki Dhani, Barsingo Ka Bas, P.s. Bapini, District Jodhpur).
35. Dinesh Kumar S/o Atma Ram,, Aged About 29 Years, R/o Jatio Ka Bas, Soyla, Tehsil Baori, District Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Bagji Ki Dhani, Kadwa, P.s. Bapini, District (5 of 9) [CW-17143/2018] Jodhpur).
----Petitioners Versus
1. The 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, Barmer.
4. The District Education Officer, Elementary, Barmer.
5. The Chief Executive Officer, Zila Parishad, Churu.
6. The District Education Officer, Elementary, Churu.
7. The Chief Executive Officer, Zila Parishad, Alwar.
8. The District Education Officer, Elementary, Alwar.
9. The Chief Executive Officer, Zila Parishad, Bikaner.
10. The District Education Officer, Elementary, Bikaner.
11. The Chief Executive Officer, Zila Parishad, Jaipur.
12. The District Education Officer, Elementary, Jaipur.
13. The Chief Executive Officer, Zila Parishad, Sikar.
14. The District Education Officer, Elementary, Sikar.
15. The Chief Executive Officer, Zila Parishad, Jaisalmer.
16. The District Education Officer, Elementary, Jaisalmer.
17. The Chief Executive Officer, Zila Parishad, Jalore.
18. The District Education Officer, Elementary, Jalore.
19. The Chief Executive Officer, Zila Parishad, Udaipur.
20. The District Education Officer, Elementary, Udaipur.
21. The Chief Executive Officer, Zila Parishad, Ajmer.
22. The District Education Officer, Elementary, Ajmer
23. The Chief Executive Officer, Zila Parishad, Jodhpur.
24. The District Education Officer, Elementary, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Hanuman Singh
For Respondent(s) :
(6 of 9) [CW-17143/2018]
JUSTICE DINESH MEHTA
Order
02/11/2018
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 Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification application 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 (7 of 9) [CW-17143/2018] 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 also when contempt petition filed by the petitioners (8 of 9) [CW-17143/2018] 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 (9 of 9) [CW-17143/2018] 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.
(DINESH MEHTA),J Anurag/306 Powered by TCPDF (www.tcpdf.org)