Disposed

Bhupendra Singh Sodha v. State of Rajasthan

Rajasthan HC11 Nov 2019CW/16489/2019

Case brief

AI extract

What is this about?

Vis-a-vis prior judgments directing disposal of similar service matters, the Court dismissed the writ petition but directed petitioners to file a representation to the Director for consideration of their claim for seniority and consequential benefits.

What did the court decide?

Petitioners directed to make a representation to Respondent No. 2 for a speaking order within three months regarding seniority and benefits.

Bhupendra Singh Sodha Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ Petition No. 16489/2019

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Bhupendra Singh Sodha S/o Shri Hameer Singh Sodha, Aged About 41 Years, R/o 445, Mohan Nagar 'B', B.J.S., Jodhpur, District Jodhpur, Rajasthan.

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Rajendra Singh S/o Shri Renwat Singh, Aged About 42 Years, R/o 534, Mohan Nagar 'B', B.J.S, Jodhpur, District Jodhpur, Rajasthan.

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Rajshri Rathore D/o Shri Om Prakash Rathore, Aged About 40 Years, R/o Near Agrawal School, Soorsagar, Bikaner, District Bikaner, 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 Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Kailash Jangid For Respondent(s) :

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HON'BLE MRS. JUSTICE SABINA

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Judgment / Order

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11/11/2019

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This writ petition has been filed by petitioners seeking reliefs as indicated in the writ petition.

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It is submitted by learned counsel for the petitioners that the 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

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(2 of 3)

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[CW-16489/2019]

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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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“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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(3 of 3)

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[CW-16489/2019]

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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, along with 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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(SABINA),J

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28-amit/-

Bhupendra Singh Sodha v. State of Rajasthan

Case brief

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Bhupendra Singh Sodha v. State of Rajasthan

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