Remanded

Shambhu Lal Jatiya v. State of Rajasthan

Rajasthan HC3 Nov 2018CW/17302/2018

Case brief

AI extract

What is this about?

High Court at Jodhpur disposed of a writ petition seeking seniority and notional service benefits for nine teachers. Relying on Manoj Khandelwal, the court directed the petitioners to submit a representation to the Director, Secondary Education, Bikaner, for a speaking order within three months regarding the merits of their claim to parity with lower-ranked appointees.

What did the court decide?

Directions given to petitioners to submit a representation to Respondent No.2 for a speaking order within three months regarding seniority and benefits.

Shambhu Lal Jatiya Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 17302/2018

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Shambhu Lal Jatiya S/o Shri Ram Lal Jatiya, Aged About 30 Years, Village Bojunda, Post Sahanwa, Tehsil And District Chittorgarh, Rajasthan.

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Sachin Kumar Jain S/o Shri Suresh Kumar Jain, Aged About 40 Years, L-338, Bappa Nagar, Sector 6, Hiran Magri, Udaipur, District Udaipur, Rajasthan.

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Krati Kislay D/o Shri Kamal Kant Jain, Aged About 36 Years, Salatwara, Sagwara, District Dungarpur, Rajasthan.

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Narayan Yadav S/o Shri Alkha Yadav, Aged About 29 Years, R/o Village Tanboliya, Post Jasela, Tehsil Galiyakot, District Dungarpur, Rajasthan.

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Suresh Kumar Katara S/o Shri Roop Lal Katara, Aged About 36 Years, Village Retda, Post Patiya, Tehsil Kherwada, District Udaipur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

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The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan.

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The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

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The Joint Director, Secondary Education, Udaipur Zone, District Udaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Kailash Jangid.

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JUSTICE DINESH MEHTA Order

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03/11/2018

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The writ petition has been filed by petitioners seeking

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following reliefs:

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“A. By an appropriate writ, order or direction, any order denying the Seniority, Service Benefits and Notional Benefits of the petitioners for the post of Senior Teacher in pursuance of the advertisement dated 01.06.2011 (Annex.1) may kindly be quashed and set aside.

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B. By an appropriate writ, order or direction, any order or direction, the respondents may kindly be directed to give all notional benefits for the post of Senior Teacher (Grade-II) w.e.f. the year 2012 as

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(2 of 3)

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[CW-17302/2018]

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similar situated candidates given the appointment in accordance with the Judgment Dated 08.02.2012 (Annex-6) and actual benefits for the Senior Teacher (Grade-II) in pursuance of the advertisement dated 01.06.2011 (Annex.-1) w.e.f. the date of actual joining orders with all consequential benefits.

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C. By an appropriate writ, order or direction, any order or direction, the respondents may kindly be directed to grant the benefits like seniority, fixation and notional benefits in the pursuance of the Order dated 08.02.2012 (Annex.6) passed by the Hon’ble High Court w.e.f. the year 2012 as given to the similarly situated candidates participating in the same selection process and actual benefits from initially date of joining on the post of Senior Teacher (GradeII).

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D. By an appropriate writ, order or direction, any order or direction, the respondents may kindly be directed to follow the order dated 08.02.2012 passed by the Hon’ble High Court.

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E. By an appropriate writ, order or direction, any order or direction, the respondents may kindly be directed to grant the entire benefits including the prevailing interest to the petitioners as per the Hon’ble High Court orders.”

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It is submitted by learned counsel for the petitioners that the

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issue raised in the present writ petition is squarely covered by judgment of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan & Ors. : S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur Bench and the said judgment has been followed in Krishan Lal & Ors. v. The State of Rajasthan & Ors. : S.B.C.W.P. No. 19179/2017, decided on 30.10.2017 at Jaipur Bench, and therefore, the petitioners are also entitled to the same relief as granted in the case of Manoj Khandelwal (supra) and Krishan Lal (supra).

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In view of the submissions made, the writ petition filed by the petitioners is disposed of with the similar directions as given in the case of Manoj Khandelwal (supra), which read as under:-

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(3 of 3)

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[CW-17302/2018]

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“This Court in Suman Bai and Another Vs. State and Others – 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit.

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It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services.

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The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments.

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Having regard to the facts of the case, writ petition is disposed of requiring the petitioners to make a representation to respondent no.2 – Director, Secondary Education, Bikaner, alongwith a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit, are getting benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits.”

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(DINESH MEHTA),J.

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Sumit-166

Shambhu Lal Jatiya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shambhu Lal Jatiya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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