Rajasthan High Court - Jodhpur
Umesh Kumar Chauhan vs State Of Rajasthan on 14 February, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 1383/2019
1. Umesh Kumar Chauhan S/o Chhaju Ram Chauhan, Aged
About 29 Years, R/o Village And Post Raipur (Patan),
Tehsil Neem Ka Thana, District Sikar (Raj.). (Posted As
Teacher Grade Iii Level-I At Gps, Suthar Harduo Ki Dhani,
Gingala, P.s. Bawari, District Jodhpur. Presently Posted At
Gss, Baipini Khurd, P.s. Bapini, District Jodhpur).
2. Bhomaram S/o Chetan Kumar,, Aged About 33 Years, R/o
Vpo Rawatar, Tehsil And District Barmer (Raj.). (Posted As
Teacher Grade Iii Level-I At Gps, Rawatsar, Pashchim, P.s.
Sindhari, District Barmer).
3. Ramnath Meena S/o Kunwarpal Meena,, Aged About 32
Years, R/o Village Bhindipura, Post Bijhaoli, Tehsil Baseri,
District Dholpur (Raj.). (Posted As Teacher Grade Iii
Level-Ii At Gups, Dheemari, Sarani, Khera, P.s. Dhopur,
District Dholpur).
4. Deepa D/o Chhuttan Lal Jatav,, Aged About 29 Years, R/o
Village Akhawada, Post Shekhpura, Tehsil Todabhim,
District Karauli (Raj.). ( Initially Posted As Teacher Grade
Iii Level-I At Gps, Bhopan Ka Pura, District Karauli.
Presently Posted At Gsss, Deeppura, District Karauli).
5. Sita Ram Karel S/o Nahar Singh Karel,, Aged About 29
Years, R/o Village And Post Idwa, Tehsil Degana, District
Nagaur (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Amarpura, Karnor, P.s. Peesangan, District Ajmer).
6. Manoj Kumr Badsara S/o Banwari Lal Badsara,, Aged
About 31 Years, R/o Ward No. 03, Dhani Bagala, Papra
Kalan, Tehsil Udaipurwati, District Jhunjhunu (Raj.).
(Posted As Teacher Grade Iii Level-Ii Science Maths At
Gups, Bharla, P.s. Bali,d Istrict Pali).
7. Rekha Kumari Meena D/o Hari Kishan Meena,, Aged
About 29 Years, R/o Village Buchpuri, Post Saloli, Tehsil
Reni, District Alwar (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Sura Charnan, P.s. Barmer, District
Barmer).
8. Brijesh Meena D/o Banshi Lal Meena,, Aged About 28
Years, R/o Village Jharol, Post Itawa, Tehsil Pipalda,
District Kota (Raj.). (Posted As Teacher Grade Iii Level-I
At Gps, Jato Ka Goliya, Ranodar, P.s. Chitalwana, District
(2 of 9) [CW-1383/2019]
Jalore).
9. Seema Kumari D/o Purkha Ram,, Aged About 28 Years,
R/o New Bus Stand, Near Subhash Nagar, Sanchore,
District Jalore (Raj.). (Posted As Teacher Grade Iii Level-I
At Gps, Dhuraniyo And Ramaniyo Ki Dhani, Beri Ganv, P.s.
Gudamalani, District Barmer).
10. Amba Lal Meena S/o Bodu Ram Meena,, Aged About 30
Years, R/o Village Gajipura, Post Jagatpura, Via Samod,
Tehsil Shahpura, District Jaipur (Raj.). (Posted As Teacher
Grade Iii Level-Ii Social Studies At Gups, Koloni Nadi, Pali,
P.s. Osiyan, District Jodhpur).
11. Antim Kumar S/o Girdhari Lal Meena,, Aged About 36
Years, R/o Village Ghinghwa Athua, Via Kajra, Tehsil
Chirawa, District Jhunjhunu (Raj.). ( Initially Posted As
Teacher Grade Iii Level-Ii Social Studies At Gups, Delwan,
P.s. Sri Dungargarh, District Bikaner. Presently Posted Ast
Gsss, Beenjhasar, P.s. Sri Dungargarh, District Bikaner).
12. Anita Kumari D/o Ramjilal Meghwl W/o Jagdish Prasad,,
Aged About 28 Years, R/o Village Rampura, Post Rampura
Beri, Tehsil Rajgarh, District Churu (Raj.). ( Initially
Posted As Teacher Grade Iii Level-I At Gps, Kitasar
Bhatiyan, P.s. Sri Dungargarh, District Bikaner. Presently
Posted At Gups, Kitasar Bidawatan, District Bikaner).
13. Urmila Meena D/o Laxmi Narayan Meena W/o Naresh
Meena,, Aged About 30 Years, R/o Village Machan Ka
Pura, Post Palanheda, Tehsil Mahwa, District Dausa (Raj.).
(Posted As Teacher Grade Iii Level-Ii Social Studies At
Gups, Kitasar, Bidawtan, P.s. Sri Dungargarh, District
Bikaner).
14. Meena Meghwal D/o Chetan Lal,, Aged About 32 Years,
R/o Meghwalon Ka Purana Vas, Chohtan, Tehsil Chohtan,
District Barmer (Raj.). (Posted As Teacher Grade Iii Level-
Ii Social Science At Gups, Samelon Ka Tala, Nava Tala
Jetmal, P.s. Chohtan, District Barmer).
15. Rajendra Kuamr Tailor S/o Radheshyam Tailor,, Aged
About 37 Years, R/o Ward No. 5, Near 77-C, Railway
Gate, Neem Ka Thana, District Sikar (Raj.). (Posted As
Teacher Grade Iii Level-Ii Social Science At Gups, Amarani
Godaron Ka Kua, Hatitala, P.s. Barmer District Barmer).
16. Manish Kumar Khatumaria S/o Choth Mal Khatumaria,,
Aged About 32 Years, R/o Village And Post Shanti Nagar,
(3 of 9) [CW-1383/2019]
Manoharpur, Tehsil Shahpura, District Jaipur (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, Bhamrapur,
Gohar Ka Tala, P.s. Dhanau, District Barmer ).
17. Beni Prasad Meena S/o Ramnath Meena,, Aged About 34
Years, R/o Village Goghta, Post Lathan, District Bundi
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies
At Gups, Sevaro Ka Tala, Mangta, P.s. Dhorimanna,
District Barmer. Presently Posted At Gups, Chikli, P.s.
Peepalkhunt, District Pratapgarh).
18. Seema Bai Meena D/o Harkesh Meena,, Aged About 29
Years, R/o Village And Post Garhmoran, Tehsil Nadoti,
District Karauli (Raj.). (Posted As Teacher Grade Iii Level-I
At Gps, Lakha, Fatehgarh, P.s. Sam, District Jaisalmer. ).
19. Jyoti D/o Gopal Ram,, Aged About 34 Years, R/o House
No. 177-A, Ashok Nagar, Ward No. 40, Sri Ganganagar
(Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Sauo
Ki Dhani, Bhurtiya, P.s. Barmer, District Barmer).
20. Lila Bai D/o Basti Ram,, Aged About 37 Years, R/o F101,
Iiia, Ghothra, Tehsil Khetri Nagar, District Jhunjhunu
(Raj.). (Posted As Teacher Grade Iii Level-Ii Sanskrit At
Gups, Tajaniyo Ki Dhani, Shobhala Jetmal, P.s. Chohtan,
District Barmer).
21. Mukesh Kunwar S/o Bhanwar Singh,, Aged About 34
Years, R/o Rajputo Ka Was, Village And Post Rodla, Tehsil
Ahore, District Jalore (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Dahiyo Ka Was, Chandrai, P.s. Ahore,
District Jalore).
22. Lekh Ram S/o Sri Madan Lal,, Aged About 30 Years, R/o
Chak -2 A.p.d. Post Sukhchainpura, Via Raisingh Nagar,
Tehsil Sri Vijay Nagar, District Sri Ganganagar (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, 120 Bld,
Bilochia, P.s. Sri Vijaynagar, District Sri Ganganagar.).
23. Sumitra Devrath D/o Prithvi Raj Devrath,, Aged About 34
Years, R/o Chak0 5 Pgm, Post 70 G.b., Via Ramsinghpur,
Tehsil Anupgarh, District Sri Ganganagar (Raj.). (Posted
As Teacher Grade Iii Level-Ii Social Studies At Gups, 4/6
Msr, Presently Posted At Gss 4/6 Msr, 90 Gb, P.s.
Anupgarh, District Sri Ganganagar).
24. Gayatri Devi D/o Bhagirath Saini,, Aged About 25 Years,
R/o Acjm Court, Ward No. 2, Anupgarh, District Sri
Ganganagar (Raj.). (Posted As Teacher Grade Iii Level-I
(4 of 9) [CW-1383/2019]
At Gps, 80 Gb, P.s. Anupgarh, District Sri Ganganagar).
25. Prakash Chand Meena S/o Ramraj Meena,, Aged About 31
Years, R/o Village And Post Salawad, Tehsil Nadoti,
District Karauli (Raj.). (Posted As Teacher Grade Iii Level-I
At Gps, Sadul Ki Gafan, P.s. Chohtan, District Barmer)
26. Kamlesh Kumar S/o Mohan Lal Meena,, Aged About 33
Years, R/o Village Kharayata, Post Papri, Tehsil Indragarh,
District Bundi (Raj.). (Posted As Teacher Grade Iii Level-Ii
Social Studies At Gups, Meghwalon Ki Dhani, Siyalo Der,
Bamrla, P.s. Dhorimanna, District Barmer. Presently
Posted At Gups, Pratappura, Hinglat, P.s. Arnod, District
Pratapgarh.)
27. Pramila Devi D/o Vedprakash,, Aged About 27 Years, R/o
Village And Post 4 D.d., Delwan, Tehsil Padamsar, District
Sri Ganganagar (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Haripura Barani, Dabla, P.s. Raisingh
Nagar, District Sri Ganganagar. Presently Posted At Gups
9 Dd, Gram Panchayat 4 Dd, Delwan, P.s. Padampur,
District Sri Ganganagar).
28. Het Ram S/o Prem Kumar,, Aged About 28 Years, R/o
Chak 10K, Post 27A, Tehsil Anupgarh, District Sri
Ganganagar (Raj.). (Posted As Teacher Grade Iii Level-I
At Gps, 26A, Gram Panchayat 27A, P.s. Anupgarh, District
Sri Ganganagar).
29. Rajesh Kumar Meena S/o Chandan Meena,, Aged About
28 Years, R/o Village And Post Timawa, Tehsil Nadoti,
District Karauli (Raj.). (Posted As Teacher Grade Iii Level-I
At Gps, 5 Udm, Gram Panchayat 74 Gb, P.s. Anoopgarh,
District Sri Ganganagar).
30. Pradeep Kumar Dhanka S/o Sugan Chand Dhanka,, Aged
About 27 Years, R/o Village And Post Shyampura Jagir,
Post Kolahera, Tehsil Thanagazi, District Alwar (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, 4 Jjm, Gram
Panchayat 7 Sjm, P.s. Anupgarh, District Sri Ganganagar)
31. Davilal S/o Tiloka Ram, Aged About 43 Years, R/o Village
20 A.s. Post 2 A, Tehsil Anupgarh, District Sri Ganganagar
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps, 3
K.s.d., P.s. Sri Vijaynagar, District Sri Ganganagar).
32. Virender Singh S/o Jasvinder Singh,, Aged About 30
Years, R/o House No. 9227, Ward No. 23, Guru Nanak
Nagar, Sangaria, District Hanumangarh (Raj.). (Posted As
(5 of 9) [CW-1383/2019]
Teacher Grade Iii Level-I At Gps, 5 Khamisha Binjor, 27A,
P.s. Anupgarh, District Sri Ganganagar. Presently Posted
At Gps 15-16 Llg, Rottanwali, P.s. Sadul Shahar, District
Sri Ganganagar).
33. Karma S/o Dharmpal,, Aged About 27 Years, R/o Village
And Post Nangali Saledi Singh, Tehsil Khetri, District
Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Nai Aabadi, Sawa, P.s. Chittorgarh, District
Chitorgarh. Presently Posted At Ggups, Arniya Panth, P.s.
Chittorgarh, District Chittorgarh).
34. Nipur Baswal D/o Vasudev,, Aged About 27 Years, R/o
Gurudwara Colony, A.v. Convent Ke Pass, Dholpur (Raj.).
(Posted As Teacher Grade Iii Level-I At Gss, Bara,
P.s.saipau, District Dholpur).
35. Prabha Sharma D/o Babulal Sharma,, Aged About 26
Years, R/o Sichai Vibhag Ke Samne, Durga Colony, Bari
Road, Dholpur (Raj.). (Posted As Teacher Grade Iii Level-I
At Gss, Garhi Chatola, P.s. Saipau, District Dholpur).
36. Saroj Kumari D/o Bhup Singh,, Aged About 27 Years, R/o
Village And Post Takha, Tehsil Kumher, District Bharatpur
(Raj.). (Posted As Teacher Grade Iii Level-I At Gss, Bara,
P.s. Saipau, District Dholpur).
37. Priti Tyagi D/o Lakhan Singh Tyagi,, Aged About 28 Years,
R/o Mata Ke Mandir Ke Pass, Aathvisha, Basai Nawab,
Tehsil Saipau, District Dholpur (Raj.). (Posted As Teacher
Grade Iii Level-I At Gsss, Karimpur, P.s. Saipau, District
Dholpur).
38. Ranu Sikarwar D/o Jagdish Singh,, Aged About 25 Years,
R/o Mansarovar, Pokhara, Ward No. 4, Dholpur (Raj.).
(Posted As Teacher Grade Iii Level-I At Gsss, Tahari, P.s.
Saipau, District Dholpur).
39. Pawan Kumari Choudhary D/o Hukma Ram W/o Chena
Ram,, Aged About 28 Years, R/o Village And Post Gujaro
Ki Dhani, Baytu Chimanji, Tehsil Baytu, District Barmer
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
Jasedar, Baytu Chimanji, P.s. Baytu, District Barmer.
Presently Posted At Gps Deromoni Potaliyo Ki Dhani,
Baytu Chimanji, P.s. Baytu, District Barmer).
----Petitioners
Versus
(6 of 9) [CW-1383/2019]
1. State Of Rajasthan, Through Its Secretary, Rural
Develolpment And Panchayati Raj Department,
Government Secretariat, Jaipur, Rajaasthan.
2. The Chief Executive Officer, Zila Parishad, Chittorgarh.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The Director, Secondary Education, Rajasthan, Bikaner.
5. The Chief Executive Officer, Zila Parishad, Jodhpur.
6. The District Education Officer, Elementary, Jodhpur.
7. The Chief Executive Officer, Zila Parishad, Barmer.
8. The District Education Officer, Elementary, Barmer.
9. The Chief Executive Officer, Zila Parishad, Dholpur.
10. The District Education Officer, Elementary, Dholpur.
11. The Chief Executive Officer, Zila Parishad, Karauli.
12. The District Education Officer, Elementary, Karauli.
13. The Chief Executive Officer, Zila Parishad, Ajmer
14. The District Education Officer, Elementary, Ajmer.
15. The Chief Executive Officer, Zila Parishad, Pali.
16. The District Education Officer, Elementary, Pali.
17. The Chief Executive Officer, Zila Parishad, Jalore.
18. The District Education Officer, Elementary, Jalore.
19. The Chief Executive Officer, Zila Parishad, Bikaner.
20. The District Education Officer, Elementary, Bikaner.
21. The Chief Executive Officer, Zila Parishad, Pratapgarh.
22. The District Education Officer, Elementary, Pratapgarh.
23. The Chief Executive Officer, Zila Parishad, Jaisalmer.
24. The District Education Officer, Elementary, Jaisalmer.
25. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.
26. The District Education Officer, Elementary, Sri
Ganganagar.
27. The District Education Officer, Elementary, Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Ramesh Kumar
For Respondent(s) :
(7 of 9) [CW-1383/2019]
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 14/02/2019 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 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.
(8 of 9) [CW-1383/2019]
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 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 (9 of 9) [CW-1383/2019] 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 48-AK Chouhan/-
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