Rajasthan High Court - Jodhpur
Rajendra Jeengar vs State Of Rajasthan on 5 December, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 18615/2018
1. Rajendra Jeengar S/o Paras Mal Jeengar, Aged About 31
Years, R/ Near Balaji Mandir, Ward No. 14, Tehsil Asind,
District Bhilwara (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Hatan, P.s. Asind, District Bhilwara).
2. Gori Shankar Bhaskar S/o Bodu Ram,, Aged About 28
Years, R/o Village Sakray, Post Khiroti, Tehsil Neem Ka
Thana, District Sikar (Raj.). (Posted As Teacher Grade Iii
Level- Ii Hindi At Gups, Alapur Mev, Palpur, Nasal, P.s.
Tijara, District Alwar.).
3. Shaikul S/o Shamsuddin,, Aged About 32 Years, R/o
Village Liwasna, Post Khandewla, Tehsil Pahari, District
Bharatpur (Raj.). (Posted As Teacher Grade Iii Level- Ii
Science Maths At Gups, Alapur Mev, Palpur, P.s. Tijara,
District Alwar.).
4. Vandana Kalosia D/o Ram Sahai Kalosia,, Aged About 40
Years, R/o Manda Yojana Ke Pass, Rajgarh, District Alwar
(Raj.). (Posted As Teacher Grade Iii Level- Ii Social
Studies At Gups, Dalawas, P.s. Kotkasim, District Alwar).
5. Sadhana Kumari Sanger D/o Mahendra Singh W/o Jai
Singh Gour,, Aged About 32 Years, R/o Ward No. 13,
Uniyara, District Tonk, (Raj.). (Posted As Teacher Grade Iii
Level- Ii Hindi At Gupssk, Purani, P.s. Shahbad, District
Baran).
6. Poonam Kumari D/o Hari Om, W/o Krishna Kumar,, Aged
About 29 Years, R/o 32, Swaran Jayanti Nagar, Near Kali
Bagichi, Bharatpur (Raj.). (Posted As Teacher Grade Iii
Level- Ii Science Maths At Gups, Nabi Nagar, Jojaka, P.s.
Tijara, District Alwar. ).
7. Vandana Tiwari D/o Arjun Lal,, Aged About 36 Years, R/o
B-635, Azad Nagar, Bhilwara (Raj.). (Posted As Teacher
Grade Iii Level-I At Gups, Laxmipura, Kotra, P.s. Asind,
District Bhilwara).
8. Rajpal Singh Gurjar S/o Surjan Singh Gurjar,, Aged About
26 Years, R/o Village Sabalpura, Post Jeerota Khurd,
Tehsil Lawan, District Dausa (Raj.). (Posted As Teacher
Grade Iii Level-I At Gps, Singhpura, P.s. Asind, District
Bhilwara).
(2 of 9) [CW-18615/2018]
9. Shiv Nath Meena S/o Shyam Lal Meena,, Aged About 33
Years, R/o Village Devri Jagir, Post Kam Khera, Tehsil
Manohar Thana, District Jhalawar (Raj.). (Posted As
Teacher Grade Iii Level-Ii Social Studies At Gups,
Gajwara, P.s. Manohar Thana, District Jhalawar).
10. Harishankar Malav S/o Chaturbhuj Malav,, Aged About 34
Years, R/o Ward No. 01, Anta, District Baran, (Raj.).
(Posted As Teacher Grade Iii Level- Ii Science Maths At
Gups, Tilgaon, P.s. Shahbad, District Baran).
11. Mohammed Firoj Sheikh S/o Sheikh Mohd. Sadik,, Aged
About 31 Years, R/o Purane Uco Bank Ke Samne Gali,
Khatiko Ka Mohalla, Kishangarh, Renwal, District Jaipur
(Raj.). (Posted As Teacher Grade Iii Level- I At Gups,
Thana Dundpuri, Jaisinghpura, P.s. Rajgarh, District
Alwar).
12. Nirma Bishnoi D/o Ramratan Bishnoi, W/o Dharmendra
Kumar,, Aged About 28 Years, R/o Village And Post Alay,
Tehsil And District Nagaur (Raj.). (Posted As Teacher
Grade Iii Level- I At Gps, Sarno Ki Dhani, Bandhra, P.s.
Panchu, District Bikaner).
13. Monika Meena D/o Bishram Meena W/o Ramgopal
Meena,, Aged About 28 Years, R/o 30, Bhawani Nagar,
Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Dhabu Bhati/ Nayako Ki Dhani, Kakku, P.s. Panchu,
District Bikaner).
14. Nusrat Gouri D/o Fayyazuddin Gouri,, Aged About 39
Years, R/o Nai Abadi, Behind Old Hostel, Ward No. 24,
Nimbahera, District Chittorgarh (Raj.). (Posted As Teacher
Grade Iii Level- Ii At Gups, Lakha Ka Khera, Turkiya
Khurd, P.s. Kapasan, District Chittorgarh. Presently Posted
At Ggups Pandali Station, P.s. Kapasan, District
Chittorgarh).
15. Parveen Bano D/o Shafi Mohammed,, Aged About 36
Years, R/o Adarsh Nagar, Ward No.1, Behind Petrol Pump,
Rawatbhata, District Chittorgarh (Raj.). (Posted As
Teacher Grade Iii Level-Ii At Gups, Gandraf,
Matarkundiya, P.s. Rashmi, District Chittorgarh).
16. Ramawatar Raigar S/o Anandi Raigar,, Aged About 32
Years, R/o Village Kuntalwas, Post Rahuwas, Tehsil
Ramgarh, Pachwara, District Dausa. (Raj.). (Posted As
Teacher Grade Iii Level- I At Gups, Jagner Turkan,
(3 of 9) [CW-18615/2018]
Bidarkha, P.s. Lalsot, District Dausa).
17. Manisha Yadav D/o Jagdish Prasad W/o Rajsingh Yadav,,
Aged About 29 Years, R/o Village Khohari Post Karni Kot,
District Alwar (Raj.). (Posted As Teacher Grade Iii Leve- I
At Gups, Sarupsaray, P.s. Mundawar, District Alwar).
18. Nanak Chand S/o Same Singh,, Aged About 34 Years, R/o
Village And Post Tehnoli, Tehsil Kishangarh Bas, District
Alwar (Raj.). (Posted As Teacher Grade Iii Level- Ii At
Gups, Punasar Dhani, P.s. Bapini, District Jodhpur).
19. Sharawan Kumar S/o Govind Ram Visnoi,, Aged About 31
Years, R/o Village Manewara, Post Champasar, Tehsil Bap,
District Jodhpur (Raj.). (Posted As Teacher Grade Iii
Level- I At Gps, Paschimi Dhani, Jaislo, P.s. Bap, District
Jodhpur).
20. Krishanawtar Bairwa S/o Ramdhan Bairwa,, Aged About
43 Years, R/o Village And Post Khan Bhankri, Tehsil And
District Dausa (Raj.). (Posted As Teacher Grade Iii Level-
Ii English At Gups, Sarno Ki Dhani, Saranpur (Aau), P.s.
Bapini, District Jodhpur. Presently Posted At Gups, Chipli
Nadi (Jakhan), P.s. Bapini, District Jodhpur).
21. Parmita Kumari D/o Bhoma Ram,, Aged About 27 Years,
R/o 3 Jsd, Post Jaitsar, Tehsil Vijay Nagar, District Sri
Ganganagar (Raj.). (Posted As Teacher Grade Iii Level- Ii
Social Studies At Gups, Vishnoiyo Ki Dhani, Barjasar, P.s.
Phalodi, District Jodhpur).
22. Mahaveer Meena S/o Prabhat Ram,, Aged About 31 Years,
R/o Village And Post Natata, Via Amer, Tehsil
Jamwaramgarh, District Jaipur (Raj.). (Posted As Teacher
Grade Iii Level- Ii Social Studies At Gups, Vishnoiyo Ki
Dhani, Barjasar, P.s. Phalodi, District Jodhpur).
23. Surja Ram S/o Khamu Ram,, Aged About 27 Years, R/o
Village And Post Hanuman Nagar, Bhojasar, Tehsil Phalodi,
District Jodhpur (Raj.). (Posted As Teacher Grade Iii
Level- I At Gps, Godhon Ki Dhani, Sai Nagar, Gandhi
Sagar, P.s. Phalodi, District Jodhpur).
24. Ramesh Kumar Khichar S/o Narana Ram,, Aged About 33
Years, R/o Village Lakholai Nadi, Post Mitthara Khurd,
Tehsil Dhorimana, District Barmer (Raj.). (Presently
Posted At Gps, Lakhaniyon Ki Dhani, Mithara Khurd Ii, P.s.
Dhorimana, District Barmer).
25. Suman Saharan D/o Ramkumar Saharan,, Aged About 32
(4 of 9) [CW-18615/2018]
Years, R/o Village Rejari, Post Galar, Tehsil Rajgarh,
District Churu (Raj.). (Posted As Teacher Grade Ii Level- I
At Gups, Sarano Ki Dhani, P.s. Bap, District Jodhpur).
26. Kailash Chand Meena S/o Sura Ram Meena,, Aged About
37 Years, R/o Village And Post Punana, Tehsil Amer,
District Jaipur (Raj.). (Posted As Teacher Grade Iii Level-
Ii Science Maths At Gups, Dhagalo Ki Dhani, Nai Undari,
Khudala, P.s. Gudamalani, District Barmer).
27. Ghever Singh S/o Khuman Singh,, Aged About 30 Years,
R/o Aloniyo Ki Dhani, Village Bandra, Post Kawas, District
Barmer (Raj.). (Posted As Teacher Grade Ii Level- Ii
Science Maths At Gups, Haruponi Khotho Ki Dhani
(Kawas), P.s. Barmer, District Barmer).
28. Sarla Saini D/o Mahesh Kumar Saini W/o Sanjay Mali,,
Aged About 26 Years, R/o 125, Gandhi Nagar Colony,
Ward No. 24, Post And District Churu (Raj.). (Posted As
Teacher Grade Iii Level- Ii Science Maths At Gups,
Murkasani, Jhak, P.s. Bilara, District Jodhpur).
29. Navaindar Kumar S/o Shishram Yadav,, Aged About 28
Years, R/o Village Khohri, Post Karnikot, Tehsil Mundawar,
District Alwar (Raj.). (Posted As Teacher Grade Iii Level- I
At Gups, Sarupsaray, P.s. Mundawar, District Alwar).
30. Manish Kumar S/o Lalaram,, Aged About 29 Years, R/o
Village Dhokal Nagar, Post Padmada Khurd, Tehsil
Mundawar, District Alwar (Raj.). (Posted As Teacher Grade
Iii Level- I At Gups, Lahrod, P.s. Kotkasim, District Alwar).
31. Pushpa Devi D/o Rampal Jatav W/o Pramod Kumar
Bairwa,, Aged About 29 Years, R/o Village Nangalroopa,
Post Sahadi, Tehsil Laxmangarh, District Alwar (Raj.).
(Posted As Teacher Grade Iii Level- Ii Science Maths At
Gups, Dedar/ Puniyo Ki Basi, Chuli Dungri, Kernada, P.s.
Chohtan, District Barmer).
32. Dinesh Kumar Bairwa S/o Babu Lal,, Aged About 31
Years, R/o Village Amarpura, Post Kagpur Mundiya, Tehsil
Reni, District Alwar (Raj.). (Posted As Teacher Grade Iii
Level- I At Gps, Bhairu Kheda, Sangramgarh, P.s. Asind,
District Bhilwara).
33. Hajari Lal Meena S/o Balu Ram,, Aged About 28 Years,
R/o Village Loharana, Post Chousala, Tehsil Nawa, District
Nagaur (Raj.). (Posted As Teacher Grade Iii Level- I At
Gps, Piprali, P.s. Nawa District Nagaur).
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34. Shivraj S/o Sayar Lal,, Aged About 34 Years, R/o Village
And Post Rudali, Via Kharwa, Tehsil Pisangan, District
Ajmer (Raj.). (Posted As Teacher Grade Iii Level- I At
Gps, Gandhi Nagar, P.s. Asind, District Bhilwara).
35. Rajpal Singh Gurjar S/o Surjan Singh Gurjar,, Aged About
26 Years, R/o Village Sabalpura, Post Jeerota Khurd,
Tehsil Lawan, District Dausa (Raj.). (Posted As Teacher
Grade Iii Level- I At Gps, Singhpura, P.s. Asind, District
Bhilwara).
36. Virender Kumar Bakoliya S/o Hajari Lal,, Aged About 29
Years, R/o Village And Post Bhagwanpura, Tehsil Nawa
City, District Nagaur (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Gajsinghpura, P.s. Asind, District
Bhilwara).
37. Lalita Meena D/o Roopi Sahay,, Aged About 29 Years, R/o
Village And Post Jharonthi, Tehsil Weir, District Bharatpur
(Raj.). (Posted As Teacher Grade Iii Level- I At Gups,
Ppm, P.s. Suratgarh, District Sri Ganganagar).
38. Prakash Chand Raigar S/o Nrasigh Lal Raigar,, Aged About
33 Years, R/o Village And Post Bilochi, Tehsil Amer, Via
Morija, District Jaipur, (Raj.). (Posted As Teacher Grade Iii
Level- I At Gps, Paluna, Badkochra, P.s. Jawaja, District
Ajmer).
39. Ramesh Chand S/o Umrao Singh,, Aged About 35 Years,
R/o Village Vijay Singhpura Post Majri Kalan, Tehsil
Neemrana, District Alwar (Raj.). (Posted As Teacher
Grade Iii Level-Ii Social Science At Gups, Dindwa, Gida,
P.s. Serwa, District Barmer).
40. Kamlesh Kuamri D/o Velaram,, Aged About 30 Years, R/o
Village And Post Elana, Via Ummedabad, Tehsila Nd
District Jalore. At Present Meghwalo Ka Bas, Elana, Tehsil
And District Jalroe, At Present Meghwalo Ka Bas, Elana,
Tehsil And District Jalore (Raj.). (Posted As Teacher Grade
Iii Level- I At Gps, Posana Siyavat, Posana, P.s. Sayla,
District Jalore).
41. Kishan Lal Saini S/o Hiralal Saini,, Aged About 31 Years,
R/o Dhani Poladash, Post Nangalibhim, Tehsil
Srimadhopur, District Sikar (Raj.). (Posted As Teacher
Grade Iii Level-Ii Science Maths At Gups, Magara
Chohtan, P.s. Chohtan, District Barmer).
42. Karan Singh Sesma S/o Nand Ram Sesma,, Aged About
(6 of 9) [CW-18615/2018]
38 Years, R/o Village And Post Rajpura, Via Mandha,
Tehsil Danta Ramgarh, District Sikar (Raj.). (Posted As
Teacher Grade Iii Level-Ii Social Studies At Gups,
Harnoiyo Ka Dhora, Panseri, P.s. Jaswantpura, District
Jalore).
43. Manju D/o Jaskaran W/o Harendra Kumar Jakhar,, Aged
About 33 Years, R/o Village And Post Rahanawa, Via
Balara, Tehsil Laxmangarh, District Sikar (Raj.). (Posted
As Teacher Grade Iii Level-Ii Social Science At Gups,
Mandiyai Kaalan, P.s. Laxmangarh, District Sikar).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Rural
Development And Panchayati Raj Department,
Government Secretariat, Jaipur, Rajasthan.
2. The District Education Officer, Elementary, Jalore.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The Chief Executive Officer, Zila Parishad, Bhilwara.
5. The District Education Officer, Elementary Bhilwara.
6. The Chief Executive Officer, Zila Parishad, Alwar.
7. The District Education Officer, Elementary, Alwar.
8. The Chief Executive Officer, Zila Parishad, Baran.
9. The District Education Officer, Elementary, Baran.
10. The Chief Executive Officer, Zila Parishad, Jhalawar.
11. The District Education Officer, Elementary, Jhalawar.
12. The Chief Executive Officer, Zila Parishad, Bikaner.
13. The District Education Officer, Elementary, Bikaner.
14. The Chief Executive Officer, Zila Parishad, Chittorgarh.
15. The District Education Officer, Elementary, Chittorgarh.
16. The Chief Executive Officer, Zila Parishad, Dausa.
17. The District Education Officer, Elementary, Dausa.
18. The Chief Executive Officer, Zila Parishad, Jodhpur.
19. The District Education Officer, Elementary, Jodhpur.
20. The Chief Executive Officer, Zila Parishad, Jalore.
21. The Chief Executive Officer, Zila Parishad, Barmer.
22. The District Education Officer, Elementary, Barmer.
(7 of 9) [CW-18615/2018]
23. The Chief Executive Officer, Zila Parishad, Nagaur.
24. The District Education Officer, Elementary Nagaur.
25. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.
26. The District Education Officer, Elementary, Sri
Ganganagar.
27. The Chief Executive Officer, Zila Parishad, Sikar.
28. The District Education Officer, Elementary, Ajmer.
29. The Chief Executive Officer, Zila Parishad, Sikar.
30. The District Education Officer, Elementary, Sikar.
----Respondents
For Petitioner(s) : Mr. Hanuman Singh
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 05/12/2018 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 Divisionm 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 (8 of 9) [CW-18615/2018] 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 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.
(9 of 9) [CW-18615/2018]
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 214-amit/-
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