Rajasthan High Court - Jodhpur
Ramratan Jat 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. 2041/2019
1. Ramratan Jat S/o Ramgopal Jat, Aged About 32 Years,
R/o Village Akbar Nagar, Post Bagri, Tehsil Peeplu, District
Tonk (Raj.). (Initially Posted As Teacher Grade Iii Level-I
At Gps, Magarda, P.s. Bhadesar, District Chitorgarh.
Presently Posted As Gsss, Bhadesar, District Chittorgarh).
2. Vedricha Sen D/o Jugal Kishore Sen W/o Rajuram Sen,,
Aged About 36 Years, R/o Power House Dhani, Banseli,
Pushkar, District Ajmer (Raj.). (Initially Posted As Teacher
Grade Iii Level-I At Gps, Mungana, P.s. Kapasan, District
Chittorgarh. Presently Posted At Gsss, Bhadesar, District
Chittorgarh).
3. Rinku Ameta D/o Gopal Lal Ameta W/o Rajkumar Ameta,,
Aged About 29 Years, R/o Utthen Kalan, Raita, Tehsil
Begun, District Chittorgarh (Raj.). (Initially Posted As
Teacher Grade Iii Level-I At Gps, Awalhera, P.s. Begun,
District Chittorgarh. Presently Posted At Gps Ganeshpura,
P.s. Begun, District Chittorgarh).
4. Rajesh Kumar Meena S/o Ram Lal Meena,, Aged About 26
Years, R/o Village Khohara, Post Inayati, Tehsil Sapotara,
District Karauli (Raj.). (Initially Posted As Teacher Grade
Iii Level-I At Gps Mavara, P.s. Bhadesar, District
Chittorgarh, Presently Posted At Gps, Devda Pipali, P.s.
Bhadesar, District Chittorgarh).
5. Hema Bai Meena D/o Nemji Meena,, Aged About 29
Years, R/o Village And Post Sewa, Tehsil Wazirpur, District
Madhopur (Raj.). (Initially Posted As Teacher Grade Iii
Level-I At Gps, Suthaariya, P.s. Khamnor, District
Rajsamand. Presently Posted At Govt. Tribal Balika
Aashram Hostel, Puthol, District Rajsamand).
6. Jaun Singh Meena S/o Babu Lal Meena,, Aged About 30
Years, R/o Village And Post Piloda, Tehsil Wazirpur, District
Sawai Madhopur (Raj.). (Initially Posted As Teacher Grade
Iii Level-I At Gps, New Abadi (Narela), P.s. Chittorgarh,
District Chittorgarh. Presently Posted Gps, Gopalpura
(Narela), District Chittorgarh).
7. Dooli Chand S/o Bhairu Shahai Gurjar,, Aged About 39
Years, R/o Village Nohra, Post Pratapgarh, Tehsil
Thanagazi, District Alwar (Raj.). (Posted As Teacher Grade
(2 of 9) [CW-2041/2019]
Iii Level-Ii Social Science At Ggups, Gurjaron Ki Dhani
(Bhooni), P.s. Nawa City, District Nagaur).
8. Urmila Fulwari D/o Mansukh Fulwari,, Aged About 34
Years, R/o House No. 404/7, Pani Ki Tanki Ke Pass,
Paharganj, Ajmer (Raj.). (Posted As Teacher Grade Iii
Level-Ii Social Science At Ggups, Ranawas, P.s. Marwar
Junction, District Pali).
9. Richa Sengar D/o Surendra Singh Sengar,, Aged About 38
Years, R/o House No. 59-B, Santosh Nagar, Baran Road,
Kota (Raj.). (Initially Posted As Teacher Grade Iii Level-I
At Gps, Heerapur, P.s. Ladpura, District Kota, Presently
Posted At Madiya Basti, Balita, Ward No. 1, Kota City).
10. Rajni Kumari D/o Ashok Kumar,, Aged About 28 Years,
R/o House No. 440A, Narayan Das Ka Atta, Shiv Chowk
Ke Pass, Sazidehra, Kota (Raj.). (Posted As Teacher Grade
Iii Level-I At Gps, Ramkhedli, P.s. Ladpura, District Kota).
11. Prakash Chand S/o Pokhar Ram,, Aged About 34 Years,
R/o Village Arjunpura, Post Mandola, Via Khoor, Tehsil
Dhod, District Sikar (Raj.). (Posted As Teacher Grade Iii
Level-Ii Sanskrit At Gups, Badni, Anakar, Via Jawaja, P.s.
Bhim, District Rajsamand)
12. Santram S/o Ramnarayan,, Aged About 35 Years, R/o
Ward No. 24, Near Power House, Rawatsar, District
Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-Ii
English At Gups, Nayakhera (Lakhola), P.s. Sahada,
District Bhilwara).
13. Suman Sewada D/o Rameshwar Lal W/o Anand Kumar,,
Aged About 27 Years, R/o Ward No. 14, Dholas, Narodara,
District Sikar (Raj.). (Posted As Teacher Grade Iii Level-I
At Gps, Hariram Ji Ka Mandir, Singodara, P.s.
Laxmangarh, District Sikar).
14. Shankar Lal S/o Girdhari Lal,, Aged About 27 Years, R/o
Dhani Dholagar, Guwar Ki Dhani, Tehsil Neem Ka Thana,
District Sikar (Raj.). (Posted As Teacher Grade Iii Level-Ii
English At Gups, Kharki Beri, Aadel, P.s. Sindhari, District
Barmer).
15. Sulochana Punia D/o Prabhu Dayal W/o Sushil Punia,,
Aged About 34 Years, R/o Hamerwas Chhota, Himarwas,
Tehsil Rajgarh, District Churu (Raj.). (Posted As Teacher
Grade Iii Level-Ii English At Gups, Kharki Beri, Aadel, P.s.
Sindhari, District Barmer).
(3 of 9) [CW-2041/2019]
16. Gorakh Nath S/o Chun Nath,, Aged About 33 Years, R/o
Ward No. 3, Village Punrasar, Tehsil Dungargarh, District
Bikaner (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Shahar Bikolai, Mandal Charnan, P.s. Kolayat,
District Bikaner.
17. Narender Kumar Yadav S/o Umrav Singh Yadav,, Aged
About 30 Years, R/o Village And Post Rewali, Tehsil
Behror, District Alwar (Raj.). (Posted As Teacher Grade Iii
Level-Ii Social Studies At Gups, Ghasikawala, P.s. Bansur,
District Alwar).
18. Meena Bai D/o Kashee Ram W/o Jitendra Kumar,, Aged
About 30 Years, R/o Vilage Ladpur, Post Harsora, Tehsil
Bansur, District Alwar (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Mannawali, P.s. Bansur, District Alwar.).
19. Sushma Yadav D/o Rajesh Kumar W/o Devi Singh,, Aged
About 30 Years, R/o Ward No. 17, Indra Colony, Behror,
District Alwar (Raj.). (Initially Posted As Teacher Grade Iii
Level-I At Gps, Hamirpur, P.s. Bansur, District Alwar.
Presently Posted At Gps Udadas Ki Johri, Hamirpur, P.s.
Bansur, District Alwar).
20. Rajesh Arya S/o Pooran Chand Arya,, Aged About 36
Years, R/o Ward No. 29, Bansur Road, Badabas (Kotputli),
District Alwar (Raj.). (Initially Posted As Teacher Grade Iii
Level-Ii Social Studies At Gups, Dhanko Ki Dhani
(Basdayal), P.s. Bansur, District Alwar. Presently Posted At
Gups, Chandali (Shyampura), P.s. Bansur, District Alwar).
21. Ladu Ram Jat S/o Narayan Lal Jat,, Aged About 39 Years,
R/o Village Devgudha, Via Sahota, Tehsil Amer, District
Jaipur (Raj.). (Posted As Teacher Grade Iii Level-Ii Social
Science At Gups, Sadas (Meghras), P.s. Banera, District
Bhilwara).
22. Chandra Shekhar S/o Sher Singh Prajapat,, Aged About
29 Years, R/o Village Gurira, Post Dandera, Tehsil Kaman,
District Bharatpur (Raj.). (Posted As Teacher Grade Iii
Level-I At Gups, Sutharo Ki Dhani, Jhotra, Siwara, P.s.
Chitalwana, District Jalore).
23. Tulsi Rathore D/o Moolchand Rathore,, Aged About 43
Years, R/o At Present, Ahore, District Jalore (Raj.).
(Posted As Teacher Grade Iii Level-Ii Social Science At
Ggups, Panchota, P.s. Ahore, District Jalore).
24. Kuljeet Kaur D/o Malkeet Singh W/o Sandeep Singh,,
(4 of 9) [CW-2041/2019]
Aged About 28 Years, R/o Village 2 D.o. (A), Post 2 Km
(Dabbar), Tehsil Gharsana, District Sri Ganganagar (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, 1 Pgm, Gram
Panchayat 2 Pgm (B), P.s. Anupgarh, District Sri
Ganganagar).
25. Shivraj Meena S/o Hari Kishan Meena,, Aged About 37
Years, R/o Village Sinoli, Post Nindarda, Tehsil And District
Sawai Madhopur (Raj.). (Posted As Teacher Grade Iii
Level-Ii English At Gsss, Rampuriya, P.s. Begun, District
Chittorgarh).
26. Ram Dev S/o Gordhan Ram,, Aged About 36 Years, R/o
Mado Ki Dhani, Post Rateu, Tehsil Gida, District Barmer
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies
At Gups, Khetarlai, Jhak, P.s. Baitu, District Barmer).
27. Krishna D/o Heera Lal Parewa,, Aged About 28 Years, R/o
Village And Post Laxmangarh, Khatik Mohalla, Tehsil
Laxmangarh, District Alwar (Raj.). (Posted As Teacher
Grade Iii Level-I At Gps, Gajrasar, Sahar, P.s. Gida,
District Barmer).
28. Meenakshi Sanwaria D/o Mohan Lal Sanwaria,, Aged
About 29 Years, R/o Ward No. 11, Asolai Road, Mohalla,
Khatran, Tehsil Chaksu, District Jaipur (Raj.). (Posted As
Teacher Grade Iii Level-I At Gps, Dedwali, Singodia, P.s.
Baytu, District Barmer).
29. Mukesh Kumar Pareek S/o Balkishan Pareek,, Aged About
30 Years, R/o Behind Matoria Bhawan, Ward No. 22,
Nohar, District Hanumangarh (Raj.). (Initially Posted As
Teacher Grade Iii Level-Ii Hindi At Gups, Khetarlai, Jhak,
P.s. Baytu, District Barmer. (Posted Posted As Gsss, Undu,
P.s. Shiv, District Barmer).
30. Kishna Ram S/o Uda Ram,, Aged About 31 Years, R/o
Village And Pst Deengarh, Tehsil Chohtan, District Barmer
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science
At Gups, Siyago Ka Tala, Deengarh, P.s. Dhanau, District
Barmer).
31. Chataru Devi D/o Dhanna Ram,, Aged About 38 Years,
R/o Village And Post Khokhasar West, Tehsil Gida, District
Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Pannoni Daukiyo Ki Dhani, Khokhasar West, P.s.
Gida, District Barmer.)
32. Naveer Kumar Sharma S/o Shiv Charan Sharma,, Aged
(5 of 9) [CW-2041/2019]
About 35 Years, R/o Village Fazilabad, Post Mandawara,
Tehsil Hindaun City, District Karauli (Raj.). (Posted As
Teacher Grade Iii Level-Ii Social Science At Gups, Moolani,
P.s. Sedwa, District Barmer).
33. Mamta Kumari D/o Prahlad Singh,, Aged About 27 Years,
R/o Shahwali Dhani- Kirodi, Tehsil Nawalgarh, District
Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-I At
Gps, Kundal Gaon, Kundal, P.s. Siwana, District Barmer).
34. Kamlesh Meena S/o Ramnath Meena,, Aged About 33
Years, R/o Village Sanadpuriya, Post Sarasala, Tehsil
Keshav Rai Patan, District Pundi (Raj.). Initially Posted As
Teacher Grade Iii Level-Ii At Gups, Peethaniyon Ki Dhani,
Puniyon Ka Tala, P.s. Gira, District Barmer. Presently
Posted At Kgbv, Rani Barod, P.s. Kishanganj, District
Baran).
35. Prem Kumar S/o Hukma Ram,, Aged About 34 Years, R/o
Village And Post Meghwalon Ka Was, Chhitar Ka Par, Via
Kawas, Tehsil Baitu, District Barmer (Raj.). (Posted As
Teacher Grade Iii Level-Ii At Ggups, Hudo Ki Dhani, P.s.
Baitu, District Barmer).
36. Dileep Kumar S/o Noparam, Aged About 29 Years, R/o
Village And Post Morjanda Khari, Tehsil Sadul Shahar,
District Sri Ganganagar (Raj.). (Posted As Teacher Grade
Iii Level-I At Gps, 2 Gb, P.s. Shri Vijay Nagar, District Sri
Ganganagar. Presently Posted At Gps, Ward No. 20, Sadul
Shahar, District Sri Ganganagar ).
37. Rakesh Kumar S/o Roshan Lal,, Aged About 31 Years, R/o
Village Jagariyapura, Post Madha Bhau, Via Marena, Tehsil
And District Dholpur (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Madha Bujurag, P.s. Dholpur, District
Dholpur).
38. Asha Verma D/o Chhitar Lal Verma W/o Mangilal Verma,,
Aged About 29 Years, R/o C/o Devilal Verma, House No.
1559, Vinoba Bhave Nagar, Kota (Raj.). (Initially Posted
As Teacher Grade Iii Level-I At Gps, Patna, P.s. Atru,
District Baran. Presently Posted At Gps Maharajpura, P.s.
Atru, District Baran.).
39. Bherulal Jat S/o Bhagwan Lal Jat,, Aged About 36 Years,
R/o Village And Post Karjali, Via Akola, Tehsil Kapasan,
District Chittorgarh (Raj.). (Posted As Teacher Grade Iii
Level-I At Gps, Karjali, P.s. Kapasan, District Chittorgarh).
(6 of 9) [CW-2041/2019]
----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. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Chief Executive Officer, Zila Parishad, Chittorgarh.
5. The District Education Officer, Elementary, Chittorgarh.
6. The Chief Executive Officer, Zila Parishad, Rajsamand.
7. The District Education Officer, Elementary, Rajsamand.
8. The Chief Executive Officer, Zila Parishad, Nagaur.
9. The District Education Officer, Elementary, Nagaur.
10. The Chief Executive Officer, Zila Parishad, Pali.
11. The District Education Officer, Elementary, Pali.
12. The Chief Executive Officer, Zila Parishad, Kota
13. The District Education Officer, Elementary, Kota.
14. The Chief Executive Officer, Zila Parishad, Bhilwara.
15. The District Education Officer, Elementary, Bhilwara.
16. The Chief Executive Officer, Zila Parishad, Sikar.
17. The District Education Officer, Elementary, Sikar.
18. The Chief Executive Officer, Zila Parishad, Jodhpur.
19. The District Education Officer, Elementary, Jodhpur.
20. The Chief Executive Officer, Zila Parishad, Barmer
21. The District Education Officer, Elementary, Barmer.
22. The Chief Executive Officer, Zila Parishad, Bikaner.
23. The District Education Officer, Elementary, Bikaner.
24. The Chief Executive Officer, Zila Parishad, Alwar.
25. The District Education Officer, Elementary, Alwar.
26. The Chief Executive Officer, Zila Parishad, Jalore.
27. The District Education Officer, Elementary, Jalore.
28. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.
29. The District Education Officer, Elementary, Sri
Ganganagar.
30. The Chief Executive Officer, Zila Parishad, Baran.
(7 of 9) [CW-2041/2019]
31. The District Education Officer, Elementary, Baran.
32. The Chief Executive Officer, Zila Parishad, Dholpur
33. The District Education Officer, Elementary, Dholpur.
----Respondents
For Petitioner(s) : Mr. Ramesh Kumar
For Respondent(s) :
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.
(8 of 9) [CW-2041/2019] 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.
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 (9 of 9) [CW-2041/2019] 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 51-AK Chouhan/-
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