Rajasthan High Court - Jodhpur
Deepika vs The State Of Rajasthan on 11 February, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 1998/2019
1. Deepika D/o Mohan Lal, Aged About 26 Years, R/o Gali
No.1, Ram Mohalla Road, Meghwal Basti, Outside Nagouri
Gate, Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-I
At Gups, Digadi Malunga, P.s. Tinwari, District Jodhpur).
2. Kana Ram S/o Chaina Ram,, Aged About 29 Years, R/o
Village And Post Jhanwar, Tehsil Luni, District Jodhpur
(Raj.). (Posted As Teacher Grade Iii Level-Ii Hindi At Gups,
Gundiyal Nadi, Jati Bhandu, P.s. Shergarh, District
Jodhpur).
3. Ravi Meena S/o Bajrang Lal,, Aged About 26 Years, R/o
Mohalla Panchaveero Ka, Ward No. 12, Singhana, District
Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-I At
Gups, Adwana, P.s. Udaipurwati, District Jhunjhunu).
4. Maya Meena S/o Natthu Singh Meena,, Aged About 27
Years, R/o Village And Post Bharounda Khor, District
Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-I At
Ggups, Godas, P.s. Taranagar, District Churu).
5. Manju Kumari Dhobi D/o Bheru Lal Dhobi,, Aged About 29
Years, R/o Ambedkar Cirule, Station Gangrar, District
Chittorgarh (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Jodha Singh Ka Khera, P.s. Gangrar, District
Chittorgarh).
6. Nirmala Kumari D/o Suresh Chand,, Aged About 29 Years,
R/o Jonaicha Khurd, Tehsil Neemrana, District Alwar (Raj.).
(Posted As Teacher Grade Iii Level-I At Gups, Porula, P.s.
Neemrana, District Alwar).
7. Mahaveer Prasad S/o Shopat Ram,, Aged About 29 Years,
R/o 11, Rawla Mandi, 8 Psd-B, Rawla, Tehsil Gharsana, Sri
Ganganagar (Raj.) (Posted As Teacher Grade Iii Level-Ii
Science Maths At Gups, 19 P.t.d., P.s. Raisingh Nagar,
District Sri Ganganagar.)
8. Meera Yadav D/o Nanag Ram Yadav, W/o Virendra Singh
Yadav,, Aged About 32 Years, R/o Village Dabariya, Post
Mahanpur, Tehsil Bansur, District Alwar (Raj.). (Posted As
Teacher Grade Iii Level-Ii Science Maths At Gups, Kanjipura
(Bhoopsera), P.s. Bansur, District Alwar).
9. Navjot Singh S/o Raghuveer Singh,, Aged About 29 Years,
R/o Village Narpura, Post Sarat, Tehsil And District Jalore
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science
At Gups, Narvada, Khetlawas, P.s. Sayla, District Jalore).
10. Sarita D/o Pushkar Lal W/o Ram Swaroop, Aged About 32
Years, R/o Village And Post Bishanpura, Via Bara Gaon,
District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii
Level-I At Ggups, Junjani, P.s. Bhinmal, District Jalore).
11. Bhajram Meena S/o Ramcharan Meena,, Aged About 39
Years, R/o Village Isarada, Post Baler, Tehsil Khandar,
District Sawai Madhopur (Raj.). (Posted As Teacher Grade
Iii Level-Ii Hindi At Gups, Ratora, Gomi, P.s. Chitalwana,
District Jalore).
12. Suman D/o Shishram,, Aged About 27 Years, R/o Village
And Post Jajod, Tehsil Khadela, District Sikar (Raj.). (Posted
As Teacher Grade Iii Level-Ii Saskrit At Gups, Bakaa Tala,
Dharasar, P.s. Chouhtan, District Barmer.).
(2 of 8) [CW-1998/2019]
13. Dholi Kumari D/o Veerma Ram,, Aged About 26 Years, R/o
Village Nayawada, Post Bhadvi, Tehsil Bagoda, District
Jalore (Raj.) (Posted As Teacher Grade Iii Level-I At Gps,
Khotano Ki Dhani, Dungarwa, P.s. Bagoda, District Jalore).
14. Lalita Singhal D/o Muari Lal Singhal,, Aged About 40 Years,
R/o Gangapur City, Mahavir Nagar, Hingotiya Road,
Mirzapur. At Present Gadra Road, District Barmer (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, Mehraniyon Ki
Dhani, P.s. Gadra Road, District Barmer).
15. Vikram Singh Meena S/o Harji Ram Meena, Aged About 32
Years, R/o Village And Post Luhari Kalan, Tehsil Jahazpur,
District Bhilwara (Raj.). (Posted As Teacher Grade Iii Level-
Ii Social Studies At Gups, Gurjaro Ka Kheda, P.s. Shahpura,
District Bhilwara).
16. Asha Kumari Khatik D/o Narayan Lal Khatik W/o Sandeep
Solanki,, Aged About 28 Years, R/o Village And Post Sadas,
Tehsil Gangrar, District Chittorgarh (Raj.). (Posted As
Teacher Grade Iii Level-I At Gps, Nakshanpura, P.s.
Gangrar, District Chittorgarh).
17. Suman D/o Manroop Singh W/o Suresh Kumar,, Aged
About 38 Years, R/o Village Bhasawata Kalan, Post
Bhasawata Khurd, Tehsil Buhana, District Jhunjhunu (Raj.).
(Posted As Teacher Grade Iii Level-Ii Social Studies At
Gups, Padasli Sindhlan, P.s. Rani, District Pali).
18. Zakir Hussain Rathore S/o Babu Khan,, Aged About 31
Years, R/o Village Bajju Tejpura, Tehsil Kolayat, District
Bikaner (Raj.). (Posted As Teacher Grade Iii Level-Ii Urdu
At Gups, Devdo Ki Dhani, P.s. Shiv, District Barmer).
19. Mukesh Kumar Meena S/o Ranveer Singh Meena,, Aged
About 25 Years, R/o Village And Post Ghatwa, District
Nagaur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
No.2, Dantina, P.s. Khinwsar, District Nagaur).
20. Jyoti Arya D/o Ashok Kumar,, Aged About 31 Years, R/o C-
293, Subhash Nagar, District Bhilwara (Raj.). (Posted As
Teacher Grade Iii Level-Ii Science Maths At Ggups,
Bhainsakundal, Devli, P.s. Suwana, District Bhilwara).
21. Narendra Raj Jaipal S/o Santoka Ram Jaipal, Aged About
38 Years, R/o Viillage And Post Fogera, District Barmer
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science
At Gups, Keshar Singh Ka Par Ist, Chetrodi, P.s. Gadra
Road, District Barmer).
22. Subhash Chand S/o Mahaveer Prasad,, Aged About 33
Years, R/o Village And Post Nayabas, Tehsil Neem Ka
Thana, District Sikar (Raj.). (Posted As Teacher Grade Iii
Level-Ii At Gups, Kundala (Ladi Ka Bas), P.s. Patan, District
Sikar).
23. Indra Kumari Meena D/o Girraj Prasad Meena,, Aged About
27 Years, R/o Village Pamadi, Post Unbadagaon, Tehsil
Baswa, District Dausa (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Karnaniyon Ki Dhani, Bhikamkor, P.s.
Lohawat, District Jodhpur).
24. Meera Meena D/o Khemraj Meena,, Aged About 28 Years,
R/o Village And Post Mandawar, Tehsil Mahwa, District
Dausa (Raj.). (Posted As Teacher Grade Iii Level-I At Gps,
Vishnu Nagar, P.s. Lohawat, District Jodhpur).
25. Sunita Dhakar D/o Devendra Kumar Dhakar W/o Mukesh
(3 of 8) [CW-1998/2019]
Kumar Dhakar, Aged About 31 Years, R/o Village
Gordhanpura, Post Budhapura, Tehsil Talrea, District Bundi
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science
At Gups, Goverdhanpura, Bhopatpura, P.s. Bijoliyan,
District Bhilwara).
26. Sanju Bugalia W/o Kuldeep Singh D/o Mahaveer Prasad
Bugali,a, Aged About 31 Years, R/o B-23 Adarsh Colony,
Riico, Ward No. 12, Tehsil And District Jhunjhunu (Raj.).
(Posted As Teacher Grade Iii Level-Ii Social Science At
Gups, Raiko Ki Dhani, Amarpura, P.s. Khajuwala, District
Bikaner).
27. Pravin Kumar Damor S/o Kantilal Damor,, Aged About 30
Years, R/o Villate Vatra, Post Mewara, Tehsil And District
Dungarpur (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Devra Masur, P.s. Simalwada, District Dungarpur).
28. Priyanka Patel D/o Chenaram W/o Himanshu Tak,, Aged
About 33 Years, R/o Krishana Printing Ke Samne, Raipur,
District Pali (Raj.). (Posted As Teacher Grade Iii Level-Ii
Hindi At Guups, Khinwal (Rampura), P.s. Raipur, District
Pali).
29. Manju Saini D/o Dungar Mal Saini W/o Vikram Singh
Chauhan,, Aged About 39 Years, R/o Ward No. 19, Losal,
District Sikar (Raj.). (Posted As Teacher Grade Iii Level-Ii
Social Science At Gups, Khari Khurd, P.s. Baori, District
Jodhpur).
30. Pinki Kumari D/o Mani Ram,, Aged About 26 Years, R/o
Village And Post Loya, Tehsil Khetri, District Jhunjhunu
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Sarno
Mando Ki Dhani, Shree Ramnagar, P.s. Osian, District
Jodhpur).
31. Seeta Bhagora D/o Laxman Bhagora,, Aged About 28
Years, R/o Ward No.1, Village And Post Navalshyam
(Vagatfala), Tehsil Bichhiwara, District Dungarpur (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, Mokarwara,
P.s. Dungarpur, District Dungarpur)
32. Manoj Kumar S/o Kajor Mal Meena,, Aged About 27 Years,
R/o Village Todpura, Tehsil Nawalgarh, District Jhunjhunu
(Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths
At Ggups, Jhankali, P.s. Gadra Road, District Barmer).
33. Madhu Kabra D/o Shri Ram Sahaya Jagetiya,, Aged About
41 Years, R/o 10-N-8, R.c. Vyas Colony, Bhilwara (Raj.).
(Posted As Teacher Grade Iii Level-Ii Science Maths At
Gups, Hansiyaas (Kanda), P.s. Suwana, District Bhilwara.)
34. Bhagirath Jat S/o Kishna Ram Jat,, Aged About 42 Years,
R/o Village And Post Bikasar, Tehsi Nokha, District Bikaner
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies
At Gups, School, P.s. Nokha, District Bikaner).
35. Vikas Kumar S/o Jaswant Singh,, Aged About 28 Years, R/o
Village And Post Shivdanpura, Tehsil Bhadra, District
Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-I
At Gskps, 5 G.m. (Raner), P.s. Lunkaransar, District
Biknaer).
36. Rekha Manat D/o Shankar Manat,, Aged About 26 Years,
R/o Village And Post Navalshyam, Tehsil Bichhiwara, District
Dungarpur (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Padafala (Ramsour), P.s. Galyakot, District
Dungarpur).
(4 of 8) [CW-1998/2019]
37. Mahipal Bhil S/o Heera Lal Bhil,, Aged About 34 Years, R/o
Village Indrakhet, Post Satirampur, District Dungarpur
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Nai
Basti, Salakhadi, P.s. Simalwara, District Dungarpur).
38. Ashok Kumar S/o Ram Chandra Menat,, Aged About 36
Years, R/o Village Nalwa, Post Tadiobari, District Dungarpur
(Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Chota
Fala, Gundlar, P.s. Simalwra, District Dungarpur)
39. Mamta Meena D/o Kanti Lal Meena,, Aged About 28 Years,
R/o Village And Post Palthoor, Tehsil Aspur, District
Dungarpur (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Trapariya, Pal Nithauva, P.s. Sabla, District
Dungarpur).
40. Manisha Meena D/o Ranchhod Meena,, Aged About 26
Years, R/o Village And Post Gol, Tehsil Aspur, District
Dungarpur (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Devpura, Solaj, P.s. Sabla, District Dungarpur).
41. Seema Kumari Meena D/o Om Prakash Meena W/o Suresh
Kumar,, Aged About 27 Years, R/o Teja Ji Road, Sirsi, Ward
No. 12, Jaipur (Raj.). (Posted As Teacher Grade Iii Level-I
At Gps, Sirsi, Radhakishanpura, P.s. Jalsu, District Jaipur).
42. Seema Kumari Meena D/o Badaram Meena W/o Ishwar Lal
Damor,, Aged About 26 Years, R/o Ward No. 07, Shishod,
District Dungarpur (Raj.). (Posted As Teacher Grade Iii
Level-I At Gskups, Jambudi, Talaiyan, P.s. Bichhiwara,
District Dungarpur).
43. Tara Baranda D/o Raman Lal Baranda,, Aged About 26
Years, R/o Village Nareli, Post Mewada, District Dungarpur
(Raj.). (Posted As Teacher Grade Iii Level-I At Gups,
Jhanpa, Veerpur, P.s. Bichhiwara, District Dungarpur).
44. Kiran Damor D/o Ashok Kumar Damor W/o Harish Katara,,
Aged About 28 Years, R/o Near Raghunandan Das B.ed.
College, J.r. Medical College Ke Samne, Dungarpur (Raj.).
(Posted As Teacher Grade Iii Level-Ii Level-I At Gups, Padla
Manaroat, Karawara, P.s. Jhonthri, District Dungarpur).
45. Sushila Kumari D/o Sukhram W/o Devendra Kumar Mann,,
Aged About 46 Years, R/o Ward No. 16, Vivekanand Marg,
Khetri, District Jhunjhunu (Raj.). (Posted As Teacher Grade
Iii Level-I At Ggups, Peethisar, P.s. Churu, District Churu).
46. Rukmani D/o Ramkumar Poonia W/o Rakesh,, Aged About
24 Years, R/o Ward No. 11, Peethisar, District Churu (Raj.).
(Posted As Teacher Grade Iii Level-I At Ggups, Jaudi Patta
Charnan, P.s. Churu, District Churu).
47. Bharti Meena D/o Mahaveer Prasad Meena,, Aged About 27
Years, R/o Village Napahera, Post Kishorpura, Tehsil Digod,
District Kota (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Topar Ki Dhani, Nagrasar, P.s. Kolayat, District
Bikaner).
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Secretary, Rural
Development And Panchayati Raj Department, Government
Secretariat, Jaipur, Rajasthan.
2. The Chief Executive Officer, Zila Parishad, Jalore.
3. The Director, Elementary Education, Rajasthan, Bikaner.
(5 of 8) [CW-1998/2019]
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, Jhunjhunu.
8. The District Education Officer, Elementary, Jhunjhunu.
9. The Chief Executive Officer, Zila Parishad, Churu.
10. The District Education Officer, Elementary, Churu
11. The Chief Executive Officer, Zila Parishad, Chittorgarh.
12. The District Education Officer, Elementary, Chittorgarh.
13. The Chief Executive Officer, Zila Parishad, Alwar.
14. The District Education Officer, Elementary, Alwar.
15. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.
16. The District Education Officer, Elementary, Sri Ganganagar.
17. The District Education Officer, Elementary, Jalore.
18. The Chief Executive Officer, Zila Parishad, Barmer.
19. The District Education Officer, Elementary, Barmer.
20. The Chief Executive Officer, Zila Parishad, Pali.
21. The District Education Officer, Elementary, Pali.
22. The Chief Executive Officer, Zila Parishad, Bhilwara.
23. The District Education Officer, Elementary, Bhilwara.
24. The Chief Executive Officer, Zila Parishad, Nagaur.
25. The District Education Officer, Elementary, Nagaur.
26. The Chief Executive Officer, Zila Parishad, Sikar.
27. The District Education Officer, Elementary, Sikar.
28. The Chief Executive Officer, Zila Parishad, Bikaner.
29. The District Education Officer, Elementary, Bikaner.
30. The Chief Executive Officer, Zila Parishad, Dungarpur.
31. The District Education Officer, Elementary, Dungarpur.
32. The Chief Executive Officer, Zila Parishad, Jaipur.
33. The District Education Officer, Elementary, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ramesh Kumar.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 11/02/2019 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 (6 of 8) [CW-1998/2019] 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.
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 (7 of 8) [CW-1998/2019] 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 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.
(8 of 8) [CW-1998/2019] 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 233-Sumit/-
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