Disposed

Sita Bai Meena v. State of Rajasthan

Rajasthan HC4 Jan 2019CW/150/2019

Case brief

AI extract

What is this about?

In this writ petition, multiple applicants petitioned the High Court of Rajasthan for seniority benefits based on earlier recruitments. The Court disposed of the matter relying on the precedent set in Om Prakash & Ors., which had previously addressed similar grievances involving appointment and seniority lists.

What did the court decide?

The writ petition was disposed of in light of the order passed in the case of Om Prakash (supra).

Sita Bai Meena Vs State of Rajasthan — Service and Employment | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ No. 150/2019

¶3

Sita Bai Meena D/o Hareti Lal Meena, W/o Lokesh Kumar Meena, Aged About 33 Years, R/o Village Nangala Lalpur, Post Routhtdiya, Tehsil Mahwa, District Dausa (Raj.).

¶4

Neelam Sharma D/o Ram Karan Sharma, W/o Mukesh Sharma,, Aged About 35 Years, R/o 36, Krishna Nagar, Teen Dukan, Dhahar Ke Balaji, Sikar Road, District Jaipur (Raj).

¶5

Nutan Tak D/o Devendra Kumar Tak, W/o Rajesh Tak,, Aged About 36 Years, R/o Near Rtdc, Bijlai Road, Lalbag, Nathdwara, Rajsamand Presently Residindig At 1864, Neemach Mata Scheme, Dewali, Fatehpura, District Udaipur (Raj).

¶6

Seema Mali D/o Mangi Lal Mali, W/o Videsh Mali,, Aged About 35 Years, R/o Behind Of Cps School, Patanjali Vihar, New Bhupalpura, Tehsil Girva, District Udaipur (Raj)

¶7

Anita Kumari Meena D/o Giriraj Prasad Meena, W/o Omprakash Meena,, Aged About 31 Years, R/o Village Sujanpura, Post Shahrakar, Tehsil Todabhim, District Karouli (Raj.)

¶8

Meena Kumari D/o Sanwal Ram, W/o Rajendra Prasad Kasana,, Aged About 33 Years, R/o 5/49, Kumawat Colony, Marg Iii, Jhotwara, Jaipur, District Jaipur (Raj.)

¶9

Pooja Bithu S/o Gopal Dan Bithu, W/o Ravindra Singh Charan,, Aged About 26 Years, R/o Ward No. 11, Hamiro Ka Bas, Sinthal, Bikaner Presently Residing At Dhani Khareta, Tehsil Ramgarh Shekhawati, District Sikar (Raj.)

¶10

Navita Kumari D/o Omprakash,, Aged About 29 Years, B/c Jat, R/o Khyaliya Ki Dhani, Post Kakoda, Tehsil Surajgarh, District Jhunjhunu (Raj.)

¶11

Bindu Sharma D/o Shri Shyam Gupta,, Aged About 37 Years, R/o 16 C, Agrawal Quarters, Near Drm Office, Bikaner, District Bikaner (Raj.)

¶12

Santosh Saraswat D/o Shri Shankarlal Saraswat,, Aged About 38 Years, R/o Fouji Colony, Tehsil Nokha, District Bikaner (Raj.)

¶13

Ramchander Choudhary S/o Likhma Ram,, Aged About 36 Years, R/o Behind New Sabji Mandi, Near Fci Godown,

¶14

(2 of 10)

¶15

[CW-150/2019]

¶16

Ward No. 1, Banglanagar, District Bikaner (Raj.)

¶17

Shrawan Ram Bishnoi S/o Sahiram,, Aged About 32 Years, R/o Vpo Kichor Aguni, Tehsil Nokha, District Bikaner (Raj.)

¶18

Sarswati Ramawat D/o Ghanshyam Das Ramawat, W/o Sanjay Kumar,, Aged About 31 Years, R/o Siyaram Ji Ki Gufa, Jakir Tailor Ki Gali, Pratap Basti, Bikaner, District Bikaner (Raj.).

¶19

Harkaran Ram S/o Prema Ram,, Aged About 31 Years, R/o Mundaliyo Ki Dhani, Post Toshina, Didwana, District Nagaur (Raj.).

¶20

Ramdeen S/o Gopi Ram Jat,, Aged About 40 Years, R/o Ward No. 1, Vpo Peeplad, Tehsil Parbatsar District Nagaur (Raj.).

¶21

Jyoti Yadav D/o Gain Prakash, W/o Gajender Yadav,, Aged About 38 Years, R/o A-38, Azad Nagar, Tonk Road, Sanganer Thana, Jaipur, District Jaipur (Raj.).

¶22

Bhagwati Prasad Sen S/o Ghanshyam Sen,, Aged About 39 Years, R/o Vpo Barod, Tehsil Digod, District Kota (Raj.).

¶23

Archana Kumari Gupta S/o Radheshyam Gupta,, Aged About 27 Years, R/o Vpo Malarana Chod, Malarana Doongar, Sawai Madhopur Presently Residing At 10/45, Pratap Nagar, Sector-1, Sanganer, Jaipur, District Jaipur (Raj.).

¶24

Balram Meena S/o Narayan Meena,,, Aged About 26 Years, R/o Village Gudla- Chandan, Post Rathod, Tehsil Bonli, District Sawai Madhopur (Raj.).

¶25

Teekaram Meena S/o Kajormal Meena,, Aged About 27 Years, R/o Village Kundli Nadi, Post Gambhira, Tehsil Malarana Doongar, District Sawai Madhopur (Raj.).

¶26

Rajesh Kumar Mali S/o Bajrang Lal Mali,, Aged About 35 Years, R/o Ward No. 6, Near Maliyan Mandir, Tehsil Todaraisingh, District Tonk (Raj.).

¶27

Deepak Kumar Jangir S/o Bhanwar Lal Jangir,, Aged About 29 Years, R/o Vpo Jarkhoda, Tehsil Nainwan, District Bundi (Raj.).

¶28

Shahid Hussain S/o Nasaruddin,, Aged About 32 Years, R/o Vpo Jarkhoda, Tehsil Nainwan, District Bundi (Raj.).

¶29

Buddhi Prakash Nagar S/o Phool Chand,, Aged About 24

¶30

(3 of 10)

¶31

[CW-150/2019]

¶32

Years, R/o Village Ganesgpura, Post Guda Devji Via Dei, Tehsil Nainwan, District Bundi (Raj.).

¶33

Premshankar Kushwah S/o Lalchand Kushwah,, Aged About 30 Years, R/o Holi Khidkiya Bahar, Karouli, District Karouli (Raj.).

¶34

Brajesh Verma S/o Suraj Mal Verma,, Aged About 40 Years, R/o Near Aradhan School, Madhuvan Colony, Kherda, District Sawai Madhopur (Raj.).

¶35

Ramresh Saini S/o Ghanshyam Saini,, Aged About 30 Years, R/o Khirni Road, Bonli, Tehsil Bonli, District Sawai Madhopur (Raj.).

¶36

Arvind Kumar Fulwariya S/o Sitaram Raigar,, Aged About 28 Years, R/o Vpo Liwali, Tehsil Bamanwas District Sawai Madhopur (Raj.).

¶37

Ravi Kumar Shrimal S/o Murari Lal Shrimal,, Aged About 33 Years, R/o Vpo Naroli Dang, Tehsil Sapotra, District Karouli (Raj.).

¶38

Sapana Kumari D/o Badan Singh,, Aged About 26 Years, R/o Vpo Khangri, Tehsil Nadbai, District Bharatpur (Raj.).

¶39

Kumer Dan S/o Ramkishan Dan,, Aged About 35 Years, R/o Near Mundra Kuwa, Deshnokh, District Bikaner (Raj.).

¶40

Sarpal S/o Harsukhram,, Aged About 29 Years, R/o C/o Dinesh Choudhary, Jajda Bhavan, Tausar Road, Nagaur, District Nagaur (Raj.).

¶41

Chouth Mal S/o Madan Lal Nayak,, Aged About 30 Years, R/o Vpo Reta Via Kochhor, Tehsil Dantaramgarh, District Sikar (Raj.).

¶42

Rita Tak D/o Shyam Singh Tak, W/o Kamlesh Kumar,, Aged About 32 Years, R/o Sadar Bazar, Bilara, District Jodhpur (Raj.).

¶43

Raj Hans S/o Dharam Pal,, Aged About 41 Years, R/o Vpo Ganiar, Tehsil Ateli, District Mahendragarh (Haryana)

¶44

Rangeeta Nagar D/o Balram Nagar, W/o Kapil Nagar,, Aged About 27 Years, R/o Near Of Hanuman Ji Temple, Vpo Bhanwargarh, Tehsil Kishanganj, District Baran (Raj.).

¶45

Samay Singh Meena S/o Dhanphool Meena,, Aged About 31 Years, R/o Kanwarpura, Post Singhaniya, Tehsil Todabheem, District Karauli (Raj.).

¶46

(4 of 10)

¶47

[CW-150/2019]

¶48

Jagdish Prasad Jogi S/o Rampatya Jogi,, Aged About 30 Years, R/o Village Bhadkya, Post Beejalpur, Tehsil And District Karauli (Raj.).

¶49

Amar Singh Meena S/o Kailash Chand Meena,, Aged About 30 Years, R/o Narayanpur Road, Meena Colony, Bansur, Alwar (Raj.).

¶50

Munesh Kumar Dhanwal S/o Parshottam Dhanwal,, Aged About 30 Years, Mohanpur, Post Raghuvanshi, Tehsil And District Karauli (Raj.).

¶51

Vijendra Kumar Meena S/o Brij Lal Meena,, Aged About 34 Years, R/o Vpo Beejalpur, Tehsil And District Karauli (Raj.).

¶52

Bharat Singh Meena S/o Mitthan Singh Meena,, Aged About 30 Years, R/o Vpo Bhampura, Tehsil Sarmathura, District Dholpur (Raj.).

¶53

Ran Singh S/o Jal Singh,, Aged About 35 Years, R/o Bhankharwala, Post Rampur, Tehsil Bansur, District Alwar (Raj.).

¶54

Mukesh Chandra Sharma S/o Kalyan Prasad Sharma,, Aged About 35 Years, R/o Vpo Didwana, Tehsil Lalsot, District Dausa (Raj.).

¶55

Pawan Kumar Sharma S/o Hari Lal Sharma,, Aged About 28 Years, R/o Behind Saini Collage, Patel Colony, Ward No. 25, Bandikui, District Dausa (Raj.).

¶56

Ankit Sharma S/o Girraj Prasad Sharma,, Aged About 28 Years, R/o Plot No. 17/139, Behind Of Indian Bank, Ganesh Nagar, Agra Road, Dausa, District Dausa (Raj.).

¶57

Santosh Kasana D/o Rattiram Kasana, W/o Pradeep Kumar Gurjar,, Aged About 29 Years, R/o Village Sumel Kala, Post Khuntla, Tehsil Baswa, District Dausa (Raj.).

¶58

Kalpana Sevda D/o Ramesh Chand Sevda,, Aged About 35 Years, R/o House No. 626, Vinoba Bhave Nagar, Kota, District Kota (Raj.).

¶59

Bhagwan Singh Meena S/o Jeevan Ram Meena,, Aged About 36 Years, R/o Village Melkhedi, Post Gandura, Tehsiil Laxmangarh, District Alwar (Raj.)

¶60

Anita Meena D/o Devi Lal Meena, W/o Hanuman Prasad Meena,, Aged About 28 Years, R/o Village Pratap Pura, Post Sunara, Tehsil Niwai, District Tonk (Raj.).

¶61

Balkesh D/o Amar Singh,, Aged About 37 Years, R/o

¶62

(5 of 10)

¶63

[CW-150/2019]

¶64

Village Mahrana, Tehsil Buhana, District Jhunjhunu (Raj.).

¶65

Minaxi Kumari Morya D/o Ram Dayal Morya,, Aged About 27 Years, R/o Near Pannu Petrol Pump, Jaipur Road By Pass, Dausa, District Dausa (Raj.).

¶66

Khushboo Kumari D/o Hemraj, W/o Ajadshatru,, Aged About 29 Years, R/o Village Nuwa, Tehsil And District Jhunjhunu Presently Reside At Village Mangal Bas, Post Vijay Mandir, Tehsil And District Alwar (Raj.).

¶67

Sharda Devi D/o Om Prakash Bhambhu, W/o Sanjay Kumar,, Aged About 27 Years, R/o Vpo Dhaba Jhalar, Suratgarh, District Sriganganagar Presently Residindig At Village 74Lnp, Post Rattanpura Via Ridmalsar, Tehsil Padampur, District Sriganganagar (Raj.).

¶68

Subhash Chand Saini S/o Ramphool Saini,, Aged About 30 Years, R/o Near Saini Collage, Ward No. 26, Karnavariya Ki Dhani, Bandikui, District Dausa (Raj.).

¶69

Rajesh Meena S/o Kailash Chand Meena,, Aged About 31 Years, R/o Village Budha Bajna, Post Ramthara, Tehsil Sapotra, District Karouli (Raj.).

¶70

Ashok Kumar Meena S/o Kailash Chand Meena,, Aged About 34 Years, R/o Vpo Bukna, Tehsil Sapotra, District Karouli (Raj.).

¶71

Sarjeet Singh S/o Rameshwar Lal,, Aged About 40 Years, R/o Gilo Ki Dhani Via Bhodki, Tehsil Udaipurwati, District Jhunjhunu (Raj.).

¶72

Kavita Singh D/o Bhopal Singh,, Aged About 36 Years, R/o Gilo Ki Dhani Via Bhodki, Tehsil Udaipurwati, District Jhunjhunu (Raj.).

¶73

Dhannaram Jat S/o Prabhuram Jat,, Aged About 32 Years, B/c Jat, R/o Dhani Bhikhru, Post Haripura Via Jhhadli, Tehsil Shrimadhopur, District Sikar (Raj.).

¶74

Shahanaz Ansari D/o Mohd. Kasim Ansari,, Aged About 34 Years, R/o M. G. Hospital Ke Pass, Momin Mohalla, Bhilwara, District Bhilwara (Raj.).

¶75

Shamina Ansari D/o Mohd. Kasim Ansari,, Aged About 40 Years, R/o M. G. Hospital Ke Pass, Momin Mohalla, Bhilwara, District Bhilwara (Raj.).

¶76

Sarita Parochia D/o Pyare Lal Parochia,, Aged About 31 Years, R/o Kali Paltan Vikas, Nagar, District Tonk (Raj.).

¶77

Pinki Yadav D/o Mali Ram Yadav,, Aged About 26 Years,

¶78

(6 of 10)

¶79

[CW-150/2019]

¶80

R/o Dholiyan Ka Bas, Post Baghwa, Tehsil Phulera, District Jaipur (Raj.).

¶81

Sunil Kumar S/o Bhanwar Singh Khati,, Aged About 32 Years, R/o Vpo Lalana, Tehsil Nohar, District Hanumangarh (Raj.).

¶82

Mohammed Rabbani S/o Ibrahim Khan,, Aged About 31 Years, R/o Near Jama Masjid, Reti Para, Sangod, District Kota (Raj.).

¶83

Rakesh Kumar S/o Mangtu Ram,, Aged About 30 Years, R/o Ward No. 7, Vpo Shahpini, Tehsil Sangria District Hanumangarh (Raj.).

¶84

----Petitioners

¶85

Versus

¶86

State Of Rajasthan, Through Its Principal Education Secretary, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan)

¶87

The Secretary Cum Commissioner, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

¶88

The Director, Elementary Education, Bikaner (Rajasthan).

¶89

The Chief Executive Officer, Zila Parishad, Jodhpur (Raj.).

¶90

The District Elementary Education Officer, Jodhpur (Raj.).

¶91

The Chief Executive Officer, Zila Parishad, Nagaur (Raj.).

¶92

The District Elementary Education Officer, Nagaur (Raj.).

¶93

The Chief Executive Officer, Zila Parishad, Sri Ganganagar (Raj.).

¶94

The District Elementary Education Officer, Sri Ganganagar (Raj.).

¶95

The Chief Executive Officer, Zila Parishad, Ajmer (Raj.).

¶96

The District Elementary Education Officer, Ajmer (Raj.).

¶97

The Chief Executive Officer, Zila Parishad, Bharatpur (Raj.).

¶98

The District Elementary Education Officer, Bharatpur (Raj.).

¶99

The Chief Executive Officer, Zila Parishad, Bundi (Raj.).

¶100

The District Elementary Education Officer, Bundi (Raj.).

¶101

The Chief Executive Officer, Zila Parishad, Rajsamand (Raj.).

¶102

(7 of 10)

¶103

[CW-150/2019]

¶104

The District Elementary Education Officer, Rajsamand (Raj.).

¶105

The Chief Executive Officer, Zila Parishad, Sawai Madhopur (Raj.).

¶106

The District Elementary Education Officer, Sawai Madhopur (Raj.).

¶107

The Chief Executive Officer, Zila Parishad, Jhalawar (Raj.)

¶108

The District Elementary Education Officer, Jhalawar (Raj.).

¶109

The Chief Executive Officer, Zila Parishad, Alwar (Raj.).

¶110

The District Elementary Education Officer, Alwar (Raj.).

¶111

The Chief Executive Officer, Zila Parishad, Dholpur (Raj.).

¶112

The District Elementary Education Officer, Dholpur (Raj.).

¶113

The Chief Executive Officer, Zila Parishad, Dausa (Raj.)

¶114

The District Elementary Education Officer, Dausa (Raj.). 28. The Chief Executive Officer, Zila Parishad, Baran (Raj.).

¶115

The District Elementary Education Officer, Baran (Raj.).

¶116

The Chief Executive Officer, Zila Parishad, Bikaner (Raj.).

¶117

The District Elementary Education Officer, Bikaner (Raj.).

¶118

The Chief Executive Officer, Zila Parishad, Badmer (Raj.).

¶119

The District Elementary Education Officer, Badmer (Raj.).

¶120

The Chief Executive Officer, Zila Parishad, Jalore (Raj.). 35. The District Elementary Education Officer, Jalore (Raj.).

¶121

The Chief Executive Officer, Zila Parishad, Jaisalmer (Raj.).

¶122

The District Elementary Education Officer, Jaisalmer (Raj.).

¶123

The Chief Executive Officer, Zila Parishad, Bhilwara (Raj.). 39. The District Elementary Education Officer, Bhilwara (Raj.). ----Respondents

¶124

For Petitioner(s) : Mr. Vikram Singh For Respondent(s) :

¶125

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

(8 of 10)

[CW-150/2019]

04/01/2019

It is submitted by learned counsel for the petitioners that for the same recruitment, similarly situated petitioners had approached Jaipur Bench of this Court in Om Prakash & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21214/2017 , which writ petition has been decided on 21.11.2017 granting relief to the petitioners in light of judgment in the case of Hemlata Shrimali & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.3247/2015, decided on 1.4.2015 and relying upon the adjudication in the case of Suman Bai & Anr. v. State of Rajasthan & Ors. : 2009 (1) WLC (Raj.) 381 and, therefore, the present writ petition may also be decided in light of judgment in the case of Om Prakash (supra).

¶131

In the case of Om Prakash (supra), the Bench at Jaipur after noticing orders in the case of Hemlata Shrimali (supra) and Suman Bai (supra) observed as under:-

¶132

“Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ Petition Number 3247/2015: Hemlata Shrimali & Ors. Versus State of Rajasthan & Ors., decided on 1st Apri., 2015, relying upon the adjudication in the case of Suman Bai & Anr. Versus State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, observing thus:

¶133

“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 application 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

¶134

(9 of 10)

¶135

[CW-150/2019]

¶136

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 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.

¶137

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

¶138

(10 of 10)

¶139

[CW-150/2019]

¶140

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.

¶141

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.”

¶142

Learned counsel for the petitioners further submits that instant writ application be also disposed off in terms of the order dated 24th May, 2017, as extracted herein above.

¶143

Ordered accordingly.”

¶144

In view of the submissions made, the present writ petition filed by the petitioners is also disposed of in light of order passed in the case of Om Prakash (supra).

¶145

(ARUN BHANSALI),J

¶146

158-Rmathur/-

Sita Bai Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sita Bai Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ghamanda Ram Vs State of Rajasthan

Rajesh Kumar Vs State of Rajasthan

Jaivardhan Singh Bhati Vs State and Ors.

Sobha Pareek Vs State of Rajasthan

Narayan Lal Meghwal Vs State of Rajasthan

Sita Ram Meena Vs State of Rajasthan