Rajasthan High Court - Jodhpur
Mohan Meena vs State Of Rajasthan on 27 August, 2018
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 12732/2018
1. Mohan Meena S/o Shri Prahalad Meena, Aged About 26
Years, R/o Village Saviyapura, Post Inayati, Tehsil
Sapotra, District Karauli (Rajasthan). (Posted As Teacher
Grade Iii Level-I At Gps, Godaro Ki Dhani - Chittana, P.s.
Panchu, District Bikaner.
2. Anita Kumari D/o Shri Maha Singh, Aged About 37 Years,
R/o Village Sardarpura, Post Loyal, Khetri, District
Jhunjhunu (Raj.) (Posted As Teacher Grade Iii Level-Ii
Subject Social Studies At Gups, Saili, P.s. Chitalwana,
District Jalore).
3. Rup Singh Meena S/o Shri Jal Dhari Meena, Aged About
27 Years, R/o Village Mojpur, Post Gagawna, Tehsil
Mahwa, District Dausa ( Raj.) (Posted As Teacher Grade
Iii Level-I At Gps, Bhatiyo Ki Dhani, Bai Chittna, P.s.
Panchu, District Bikaner).
4. Hansram Gurjar S/o Shri Ghood Mal Gurjar, Aged About
32 Years, R/o Village Dehari, Post Chandhan Holi, Tehsil
Bamanwas, District Sawaimadhopur (Raj). (Posted As
Teacher Grade Iii Level-I At Gps, Basi Meghwalan,
Chittana, P.s. Panchu, District Bikaner).
5. Parsadi Lal Meena S/o Shri Prahlad Meena, Aged About 32
Years, R/o Village And Post Hemlyawala, Tehsil Ramgarh,
District Dausa (Raj.) (Posted As Teacher Grade Iii Level-I
At Gps, Lala Ki Dhani - Chittana, P .s. Panchu, District
Bikaner).
6. Ramesh Chand Gurjar S/o Shri Shivdan Singh Gurjar,
Aged About 29 Years, R/o Village Sirohi, Post Sirohi,
Tehsil Amer, District Jaipur (Raj.) (Posted At Teacher
Grade Iii Level-I At Gps, Amlai Nadi, Mundo Ki Dhani -
Chittana, P.s. Pnachu, District Bikaner).
7. Shri Pintu Ram Meena S/o Shri Brij Mohan Meena, Aged
About 27 Years, R/o Village And Post Kunjela, Tehsli
Nadoti, District Karauli (Raj.). (Posted As Teacher Grade
Iii Level-1 At Gps, Bhom Hem Singh (Bhane Ka Gauv),
P.s. Kolayat, District Bikaner).
8. Bala Ram Meena S/o Shri Gordhan Meena, Aged About 25
Years, R/o Village And Post Dekwa, Tehsil And District
Sawai Madhopur (Raj.). (Posted As Teacher Grade Iii
(2 of 7) [CW-12732/2018]
Level-I At Gps, Khetsinghpura - 23 Cwb - Charanwala,
P.s. Kolayat, District Bikaner).
9. Ram Kishor Meena S/o Shri Jagdish Meena, Aged About
27 Years, R/o Village Ramsinghpura, Post And Tehsil
Nangal Rajawatan, District Dausa (Raj.). (Posted As
Teacher Grade Iii Level-I At Gps, Dhandhlo Ki Dhani -
Panchpith Ki Dhani, Devo Ki Dhani, P.s. Kolayat, District -
Bikaner).
10. Mohan Lal Meena S/o Babu Lal Meena, Aged About 30
Years, R/o Village Padliya, Post Gulkhedi, Tehsil Aklera,
District Jhalawar (Raj.) (Posted As Teacher Grade Iii Level
- I At Gps, 7 Khm - Dantor, Khajuwala, District Bikaner).
11. Harkesh Meena S/o Rajpal Meena, Aged About 28 Years,
R/o Village Budhpuri, Post Salodi, Tehsil Rajgarh, District
Alwar (Raj.) (Posted As Teacher Grade Iii Level - I At Gps,
21 Bld, 17 Khm, P.s. Khajuwala, District Bikaner).
12. Anamika Sharma D/o Shri Narendra Kumar Sharma W/o
Chinmay Bhatt, Aged About 26 Years, R/o New Sarasati
Sr. Secondary School, Gujarati Mohalla, Tehsil Indragarh,
District Bundi (Raj.) (Posted As Teacher Grade Iii Level-I
At Gups, Sunari (Daulatpura), P.s. K. Patan, District
Bundi).
13. Kusum Lata D/o Shri Suresh Chand, Aged About 30
Years, R/o Ward No. 17, Mahavir Pura, Regar Basti, Tehsil
Lakheri, District Bundi (Raj.) (Posted As Teacher Grade Iii
Level-I At Gps, Basti (Suerganj Mandi), P.s. K. Pata,
District Bundi).
14. Anita Kumari Meghwal D/o Srhi Panchu Lal Meghwal W/o
Meghraj, Aged About 29 Years, R/o Village Kanchanpura
(Bilkhera), Post Soni - Dilod, Tehsil Chhabra, District
Baran (Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
Arniyan (Chardana), P.s.k. Patan, District Bundi).
15. Mamta Bai Thagariya D/o Shri Prabhu Lal Thagariya W/o
Raamesh Kumar Verma, Aged About 31 Years, R/o Shiv
Nagar, Lakheri, District Bundi (Raj.) (Posted As Teacher
Grade Iii Level-I At Gups, Ramganj - Laban, P.s. K. Patan,
District Bundi).
16. Heena Malav D/o Shri Rameshwar Prasad W/o Bhuvnesh
Kumar, Aged About 27 Years, R/o D.c.m. Road,
Udhyogpuri, Kota (Raj.). (Posted As Teacher Grade Iii
Level-I At Gups, Kishorepura, P.s. Sangod, District Kota).
(3 of 7) [CW-12732/2018]
17. Shri Dharm Raj Meena S/o Shri Tulsa Ram Meena, Aged
About 32 Years, R/o Village Gab Ki Jhopadiya, Post
Bankra, Tehsil Jahazpur, District Bhilwara (Raj.). (Posted
As Teacher Grade Iii Level-I Social Studies At Gups,
Dhand Ka Khera, P.s. Kotri, District Bhilwara).
18. Lokendra Singh Meena S/o Shri Ramjee Lal Meena, Aged
About 26 Years, R/o Sagaur, Salemabad, Tehsil Bari,
District Udaipur (Raj.). (Posted As Teacher Grade Iii Level
Ii English At Gups, Badapura, P.s. Bari, District Dholpur).
19. Ravindra Kumar Meena S/o Shri Chiranjee Lal Meena,
Aged About 28 Years, R/o Vpo Khohra, Tehsil Todabhim,
District Karauli, (Raj.). (Posted As Teacher Grade Iii Level
Ii Sanksrit At Gups, Barauli Ka Pura, Khanpur Mina, P.s.
Bari, District Dholpur).
20. Bhupendra Kumar S/o Shri Kanhaiya Lal Meena, Aged
About 30 Years, R/o Village And Post Dei, Tehsil Nainwan,
District Bundi (Raj.). (Posted As Teacher Grade Iii Level -I
At Gps, Devpura (Gudha Sadavartiya), P.s. Nainwan,
District Bundi).
21. Kanhaiya Lal Meghwal S/o Shri Shobha Ram Meghwal,
Aged About 33 Years, R/o Vpo Badunda, Post Bajar, Tehsil
Talera, District Bundi (Raj.). (Posted As Teacher Grade Iii
Level-Ii Science Maths At Gups, Khaluda (Suwasa), P.s.
Talera, District Bundi).
22. Sita Ram Meena S/o Badri Lal Meena, Aged About 28
Years, R/o Village Ghata Nainwari, Post Gotor, Tehsil
Bonli, District Sawai Madhopur (Raj.) (Posted As Teacher
Grade Iii Level-Ii Sanksrit At Gups, Barauli Ka Pura,
Khanpur Mina, P.s. Bari, District Dholpur).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Rural
Development And Panchayati Raj Department,
Government Secretariat, Jaipur, Rajasthan.
2. The Director, Elementary Education, Rajasthan, Bikaner.
3. Chief Executive Officer, Zila Parishad, Jalore.
4. The District Education Officer, Elementary, Jalore.
5. Chief Executive Officer, Zila Parishad, Bikaner.
6. District Education Officer, Elementary, Bikaner.
(4 of 7) [CW-12732/2018]
7. Chief Executive Officer, Elementary, Bundi.
8. District Education Officer, Elementary, Bundi.
9. Chief Executive Officer, Zila Parishad, Kota.
10. The District Education Officer, Elementary, Kota
11. The Chief Executive Officer, Zila Parishad, Bhilwara.
12. The Distirct Education Officer, Elementary, Bhilwara.
13. The Chief Executive Officer, Zila Parishad, Dholpur.
14. The District Education Officer, Elementary, Dholpur.
----Respondents
For Petitioner(s) : Mr. Ripudaman Singh
HON'BLE MR. JUSTICE P.K. LOHRA
Order 27/08/2018 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 (5 of 7) [CW-12732/2018] 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.
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 (6 of 7) [CW-12732/2018] 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 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 case of petitioners in (7 of 7) [CW-12732/2018] terms of the judgment of Surja Ram (Supra) by a speaking order within a period of 30 days from today.
(P.K. LOHRA),J Anil Kumar Choudhary/19 Powered by TCPDF (www.tcpdf.org)