Single Judge disposed of a writ petition challenging the enforcement of a previous Division Bench order on teacher remuneration, directing petitioners to submit a representation within two weeks for a decision within three months.
Directions given for submission of representation to decide on remuneration enhancement within three months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2687 / 2018
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Prerak Since 20-3-99 At Padradi Badi Center.)
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----Petitioners
Versus
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. D.K. Bhardwaj For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
06/02/2018
Learned counsel for the petitioners submits that identical controversy has already been raised, considered and adjudicated upon by a Division Bench of this Court in a batch of intra-court appeals lead case being D.B. Civil Special Appeal (Writ) No.1575/2014: Director, Literacy & Ors. Versus Nal Singh Jat & Ors., vide order dated 11th May, 2016, after hearing the learned counsel for the respondents, observing thus:
“We accordingly dispose of these appeals with the
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modification in the order passed by the learned Single Judge. These appeals are disposed of with the direction to the State to adequately enhance the honorarium/remuneration of the petitioner-nonappellants and for that they will take into consideration the different orders/instructions issued for revision of the remuneration of those working under different schemes. The enhancement therein is on yearly basis. The substance of the direction aforesaid is that the petitioner – non appellants should not stagnate on the same pay. The order passed subsequent to the judgment specifying the working hours would not be taken into consideration as has been stayed by the learned Single Judge in other writ petition. The exercise, as directed, would be carried out within a period of 3 months from the date of receipt of copy of this order. The decision for enhancement of the remuneration/honorarium would apply from the date of the judgment.”
It is further contended that for the present; the petitioners would be satisfied, if the State-respondents are directed to decide the representation of the petitioners in the backdrop of the observation made by the Division Bench in the case of Nal Singh Jat & Ors. (supra), within a time frame, which they are ready and willing to address within two weeks hereinafter.
In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioners to address a comprehensive representation enclosing a copy of the order in the case of Nal Singh Jat & Ors. (supra).
In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order as
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expeditiously as possible in accordance with law. However, in no case later than three months from the date of receipt of the representation along with a certified copy of this order.
With the observations and directions, as indicated above, the writ application stands disposed off.
(VEERENDR SINGH SIRADHANA)J.
SS/114
1 issue framed by the court
Whether petitioners should be directed to submit a comprehensive representation regarding the enhancement of their remuneration.
Colour shows how this judgement treated each authority
Director, Literacy & Ors. Versus Nal Singh Jat & Ors.Referred¶46
D.B. Civil Special Appeal (Writ) No.1575/2014: Director, Literacy & Ors. Versus Nal Singh Jat & Ors.
Ramesh Chand Meena & Others
State of Rajasthan Through Its Secretary & Others
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
