Rajasthan High Court - Jodhpur
Ramesh Chandra vs State Of Rajasthan on 20 September, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 14168/2018
1. Ramesh Chandra S/o Dhala Ram, Aged About 34 Years,
177, Aam Chouhata, Dayalpura, Tehsil And District Pali
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science
At Gups, Aratvav, P.s. Gudamalani, District Barmer)
2. Bhagwanti Deharu D/o Amar Singh Deharu, Aged About
30 Years, Village Sonari, Tehsil Nohar, District
Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-Ii
Social Science At Gups, Salu Ki Dhani, P.s. Gudamalani,
District Barmer)
3. Pravin Kumar S/o Hari Ram, Aged About 30 Years, Village
Seewara, Tehsil Chitalwana, District Jalore (Raj.). (Posted
As Teacher Grade Iii Level-I At Gps, Rajuvani, Meghwalo
Ki Dhani, Band, P.s. Gudamalani, District Barmer)
4. Shiv Charan Laxkar S/o Ram Dayal Laxkar, Aged About 33
Years, Village And Post Dangarwara, Tehsil Jawa
Ramgarh, District Jaipur (Raj.). (Posted As Teacher Grade
Iii Level-Ii Hindi At Gups, Fagodiyo Ki Dhani, Goliya
Jetmal, P.s. Gudamalani, District Barmer)
5. Vijia Kumari D/o Harnarain, Aged About 34 Years, Village
Milkpur, Post Manchal, Tehsil Behror, District Alwar (Raj.).
(Posted As Teacher Grade Iii Level-Ii Social Studies At
Gups, Ramdiyo Kid Basti Bola, P.s. Barmer, District
Barmer.
6. Naresh Kumar Khatik S/o Babu Lal Khatik, Aged About 29
Years, Santosh Nagar, Tehsil Jahazpur, District Bhilwara
(Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies
At Gups, Barda (Kherdiya Mata Ji Ka Khera, P.s. Jahajpur,
District Bhilwara)
7. Jitendra Kumar S/o Shoji Ram Meena, Aged About 31
Years, Plot No. 72, Opp. Gyan Sarover School, Gayatree
Nagar, Tehsil Atru, District Baran (Raj.). (Posted As
Teacher Grade Iii Level-I At Sskas, Hemnivas, P.s.
Bijoliya, District Bhilwara)
8. Nagendra Bala Meena D/o Devendra Prasad Meena, Aged
About 27 Years, Village Raroti, Post Mathna, Tehsil And
District Baran (Raj.). (Posted As Teacher Grade Iii Level-I
At Gps, Banka, P.s. Bijoliya, District Bhilwara)
(2 of 8) [CW-14168/2018]
9. Mukesh Kumar Dhakar S/o Sugan Lal Dhakar, Aged About
28 Years, R/o Village Kesarpura, Post Salawatiya, Tehsil
Bijoliya, District Bhilwara (Raj.), (Posted As Teacher
Grade Iii Level-I At Gps, Sopura, P.s. Bijoliya, District
Bhilwara.)
10. Raghuveer Prasad S/o Ramkunwar Meen, Aged About 32
Years, R/o Village Chharkwara, Post Mayza, Tehsil
Keshorai Patan, District Bundi (Raj.). (Posted As Teacher
Grade Iii Level-Ii At Gups, Kanthbada, P.s. Bijoliya District
Bhilwara.)
11. Sushil Kumar Jangid S/o Hanuman Sahay, Aged About 26
Years, R/o Khatipada, Kaleshawar, District Dausa (Raj.)
(Posted As Teacher Grade Iii Level-I At Gps, Khardi, Irans,
P.s. Asind, District Bhilwara.)
12. Narendra Gawaria S/o Jagdish Chand, Aged About 32
Years, R/o Beawar Road, Ward No. 12, Bandanwara,
Bhinay, District Ajmer (Raj.) (Post As Teacher Grade Iii
Level-I At Gups, Malasery, Kanvlaas, P.s. Asind, District
Bhilwara.)
13. Kailash Chandra Regar S/o Unkar Regar, Aged About 28
Years, R/o Village And Post Mod Ka Nimbaheda, Tehsil
Asind, District Bhilwara (Raj.) (Posted As Teacher Grade
Iii Level-I At Gps, Udliyas, Karajaaliya, P.s. Asind, District
Bhilwara.)
14. Dinesh Kumar S/o Tulchhi Ram, Aged About 27 Years, R/o
Village Barjan, Post Shimbhupura, District Nagaur (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, Chaina Ka
Kheda, Karjaaliya, P.s. Asind District Bhilwara.)
15. Malkhan Singh Meena S/o Geela Ram Meena, Aged About
30 Years, R/o Village And Post Jamdoli (Kholwal), Tehsil
Reni, District Alwar (Raj.) (Posted As Teacher Grade Iii
Level-I At Gps, Khati Khera, P.s. Hurd, District Bhilwara).
16. Sunita Kumari Meena D/o Ranjeet Singh, Aged About 27
Years, W/o Harji Lal Meena R/o Village Luhari Khurd, Post
Luhari Kalan, Block Jahazpur, District Bhilwara (Raj.).
(Posted As Teacher Grade Iii Level-I At Gps, Bhandariya
(Dhor), P.s. Jahazpur, District Bhilwara.)
17. Nand Lal Jat S/o Balu Lal Jat, Aged About 32 Years, R/o
Village Kakroliya Ghati, Tehsil Kotri, District Bhilwara
(Raj.) (Posted As Teacher Grade Iii At Gups, Bhairu Khera
Kakroliya Ghati, P.s. Kotri District Bhilwara.)
(3 of 8) [CW-14168/2018]
18. Abdur Rahim S/o Elamdeen Khan, Aged About 33 Years,
R/o Village That, Post Kelwa, Tehsuil Pokhran, District
Jaisalmer (Raj.) (Posted As Teacher Grade Iii Level-Ii Urdu
At Gups, Makhan Ka Par, Tamlor, P.s. Gadra Road, District
Barmer.)
19. Umardeen S/o Sakhi Khan, Aged About 32 Years, R/o
Village And Post Odhaniya, Tehsil Pokhran, District
Jaisalmer (Raj.). (Posted As Teacher Grade Iii Level-Ii
Urdu At Gups, Siyolo Ki Beri- Band, P.s. Gudamalani,
District Barmer.)
20. Shrawan Kumar S/o Mandroop, Aged About 36 Years, R/o
Anand Nagar, Marwar Junction, District Pali (Raj.). (Posted
As Teacher Grade Iii Level-Ii Sanskrit At Gups,
Hemaliyawas Kalan, P.s. Marwar Junction, District Pali.)
21. Suresh Ram S/o Jagdish Ram, Aged About 32 Years, R/o
Village Kankrai, Post Bhadora, Tehsil Mundwa, District
Nagaur (Raj.) (Posted As Teacher Grade Iii Level-Ii At
Gups, Chantra Majra, Raidhanu, P.s. Nagaur, District
Nagaur.)
22. Sunil Kumar Sadhu S/o Inder Chand Sadhu, Aged About
31 Years, R/o Baheti Mohalla, Village Harsor, Tehsil
Degana, District Nagaur, (Raj.) (Posted As Teacher Grade
Iii Level-Ii Social Studies At Gups, Bhawani Gaon, Barev,
P.s. Parbatsar, District Nagaur.)
23. Vimlesh Kumar Verma S/o Ramswaroop Verma, Aged
About 32 Years, R/o Village Lalya Ka Bas Post Mahapura,
Ajmer Road Jaipur (Raj.) (Posted A Teacher Grade Iii
Level-Ii Sanskrit At Gups, Mandawari, P.s. Phagi, District
Jaipur.)
24. Dinesh Chand Kumawat S/o Gulab Chand Kumawat, Aged
About 40 Years, R/o 71, Sonabari Colony Gopalpura By
Pass Road, Jaipur (Raj.). (Posted As Teacher Grade Iii
Level-Ii Science Maths At Gups, Pahadiya Society, P.s.
Phagi, District Jaipur.)
25. Parul Vyas D/o Ganpati Prasad Vyas, Aged About 25
Years, R/o B-3, Vijay Singh Pathik Nagar, Bhilwara (Raj.)
(Posted As Teacher Grade Iii Level-Ii Sanskrit At Gups,
Pratappura, Chatarpura, Bandor, P.s. Asind, District
Bhilwara.)
26. Sanju Devi D/o Dhanna Ram, Aged About 27 Years, R/o
Village And Post Soneli, Tehsil Jayal, District Nagaur
(4 of 8) [CW-14168/2018]
(Raj.). (Posted As Teacher Grade Iii Level-I At Ggups,
Manglod, P.s. Jayal District Nagaur.)
27. Sanju Dantusaliya D/o Kunaram W/o Surendra, Aged
About 28 Years, R/o Puna Nadi Ke Paas, Dhani Inana,
District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-
I At Gps, Jato Ki Dhani, Chuntisara P.s. Nagaur, District
Nagaur.)
28. Ramesh Chand Meena S/o Shoraj Meena, Aged About 30
Years, R/o Village Sandila, Post Gambhira, Tehsil Nainwa,
District Bundi (Raj.). (Posted As Teacher Grade Iii Level-I
At Gups, Singpura, P.s. Kotri District Bhilwara.)
29. Sunil Kumar S/o Prakash Chand, Aged About 28 Years,
R/o Village Basra, Ward No. 6, Tehsil And Post
Kishangarh-Bas, District Alwar (Raj.) (Posted As Teacher
Grade Iii Level-I At Gups, Singhpura (Ojiyana), P.s. Asind,
District Bhilwara.)
30. Anil Kumar S/o Ram Kumar, Aged About 35 Years, R/o
Village And Post Ganga, Tehsil Mandi Dabawali, District
Sirsa (Haryana) (Posted As Teacher Grade Iii Level-Ii
Social Studies At Ggups, Indragarh, P.s. Sangariya,
District Hanumangarh).
31. Naresh Kumar S/o Nagar Mal, Aged About 34 Years, R/o
Village Jita Ka Bass, Post Ghardana Kalan, Via Singhana,
Tehsil Buhana, District Jhunjhunu (Raj.) (Posted As
Teacher Grade Iii Level-Ii Science Maths At Gups, Dhaneli,
Bersiyala, P.s. Sam, District Jaisalmer.)
32. Sanjay Kumar S/o Kishan Lal, Aged About 32 Years, R/o
Village And Post Surajgarh, Tehsil Surajgarh, District
Jhunjhunu (Raj.). (Posted As Grade Iii Level-Ii Science
Maths At Gups, That, P.s. Pokhran, District Jaisalmer.)
33. Manohar Lal S/o Late Shri Mishrilal, Aged About 37 Years,
R/o Village And Post Musaliya, Tehsil Marwar Junction,
District Pali (Raj.) (Posted Grade Iii Level-Ii Hindi At Gups,
Choudhariya (Kathodi), P.s. Jaisalmer, District Jaisalmer.)
34. Prahalad Ray Khatik S/o Gahari Lal Khatik, Aged About 34
Years, R/o 122, Khatik Mohalla, Pahoona, Tehsil Rashmi,
District Chittorgarh (Raj.) (Posted As Teacher Grade Iii
Level-I At Gps, Kalbeliya Basti Lalpura, P.s. Rashmi,
District Chittorgarh.)
35. Ramesh Chandra Lohar S/o Sukhlal Ji Lohar, Aged About
33 Years, R/o Village Lohar Kala, Bhehna, Via Kanwa,
(5 of 8) [CW-14168/2018]
Tehsil Bichhiwara, District Dungarpur (Raj.) (Posted As
Teacher Grade Iii Level-Ii Science Maths At Gups, Chadar
Nadi, Sakad, P.s. Sanchore, District Jalore.)
36. Rajan Singh Meena S/o Jai Singh Meena, Aged About 30
Years, R/o Village And Post Dhanora, Tehsil Bari, District
Dholpur (Raj.) (Posted As Teacher Grade Iii Level-Ii Hindi
At Gups, Uwasa/ Sahedi No. 1, P.s. Bari, District Dholpur.)
37. Anuradha Choudhary D/o Ashok Kumar Beniwal, Aged
About 27 Years, R/o Village And Post Pura Bai Khera,
Tehsil Bayana, District Bharatpur (Raj.). (Posted As
Teacher Grade Iii Level-I At Gups, Barauli Ka Pura,
Khanpur Meena, P.s. Bari, District Dholpur.)
38. Bheru Lal Kharol S/o Gopi Lal Kharol, Aged About 30
Years, R/o Village Lakhola, Tehsil Sahada, District
Bhilwara (Raj.) (Posted As Teacher Grade Iii Level-I At
Gps, Kalbeliya Basti, Somi, P.s. Rashmi, District
Chittorgarh.)
39. Ratan Lal Keer S/o Madu Keer, Aged About 29 Years, R/o
Village Keerkheda, Post Chakuda, Via Akola, Tehsil
Kapasan, District Chittorgarh (Raj.) (Posted As Teacher
Grade Iii Level-I At Gps, Badwai (Purani), Murla, P.s.
Bhupal Sagar, District Chittorgarh.)
----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 Chief Executive Officer, Zila Parishad, Barmer.
4. The District Education Officer, Elementary, Barmer.
5. The Chief Executive Officer, Zila Parishad, Bhilwara.
6. The District Education Officer, Elementary, Bhilwara.
7. The Chief Executive Officer, Zila Parishad, Pali.
8. The District Education Officer, Elementary, Pali.
9. The Chief Executive Officer, Zila Parishad, Nagaur.
10. The District Education Officer, Elementary, Nagaur.
11. The Chief Executive Officer, Zila Parishad, Jaipur.
12. The District Education Officer, Elementary, Jaipur.
(6 of 8) [CW-14168/2018]
13. The Chief Executive Officer, Zila Parishad, Hanumangarh.
14. The District Education Officer, Elementary, Hanumangarh.
15. The Chief Executive Officer, Zila Parishad, Jaisalmer.
16. The District Education Officer, Zila Parishad, Elementary,
Jaisalmer.
17. The Chief Executive Officer, Zila Parishad, Chittorgarh.
18. The District Education Officer, Elementary, Chittorgarh.
19. The Chief Executive Officer, Zila Parishad, Jalore.
20. The District Education Officer, Elementary, Jalore.
21. The Chief Executive Officer, Zila Parishad, Dholpur.
22. The District Education Officer, Elementary, Dholpur.
----Respondents
For Petitioner(s) : Mr.Hanuman Singh Choudhary
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 20/09/2018 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.
(7 of 8) [CW-14168/2018] 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 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 (8 of 8) [CW-14168/2018] 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 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. Rm/41 Powered by TCPDF (www.tcpdf.org)