Dismissed

Smt. Bunna Devi v. State of Rajasthan

Rajasthan HC18 Nov 2019CW/16579/2019

Case brief

AI extract

What is this about?

The High Court disposed of the petitioner's writ petition seeking notional seniority, permanent status, and regular pay scale by applying the directions given in the related matter of Suman Jhanwar & Ors., directing the respondents to follow similar procedures.

What did the court decide?

Direction to file representation before appointing authority and pass speaking orders after opportunity of hearing.

Smt. Bunna Devi Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 16579/2019

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Smt. Bunna Devi W/o Shri Suresh Lal Daughter Of Shri Kesra Ram, Aged About 36 Years, By Caste Brahmin Resident Of Plot No. 91, Malviya Nagar, Ward No. 41, Jodhpur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Panchayati Raj Department, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Director, Primary Education, Education Department Bikaner (Raj.)

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The Chief Executive Officer, Zila Parishad, Jodhpur.

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The District Education Officer, Elementary Education, Jodhpur.

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The Block Education Officer (Elementary), Panchayat Samiti Luni Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. S.S. Paliwal For Respondent(s) :

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HON'BLE MRS. JUSTICE SABINA

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Order

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18/11/2019

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This writ petition has been filed by the petitioner seeking following reliefs:-

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“i) By an appropriate order or directions, the respondents may kindly be directed to grant notional seniority and permanent statue of service to the petitioners on the post of prabodhak w.e.f. 10.11.2009 counting initial appointment of the petitioner w.e.f. 01.10.2008 on which date, the similarly situated and lesser meritorious persons were given appointment. ii) By an appropriate writ, order or direction, the respondents be directed to give regular pay scale from dated 01.10.2008 and arrears of

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(2 of 3)

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[CW-16579/2019]

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salary with interest from the date the same became due till the date of payment. iii) By an appropriate writ, order or directions, in the alternate and without prejudice to the above, the writ petition of the petitioner may kindly be disposed of term of the judgment/order dated 12.05.14 (Annex-5) passed in S.B. Civil Writ Petition No.5405/2012 Suman Jhanwar & Ors. Vs. State of Rajasthan & Ors. and other similar writ petitions. iv) Any other appropriate order or directions which this Hon’ble Court consider just and proper in the facts and circumstances of the present case may kindly be passed in favour of petitioner.

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v) Cost of petition may be awarded to the petitioner.”

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It is inter alia, submitted by learned counsel for the petitioner that the case of the petitioner is similar to that of petitioners in Suman Jhanwar & Ors. V. State of Rajasthan & Ors.: SBCW No.5405/2012 , decided on 12.02.2015, whereby this Court directed the petitioners to file appropriate representation before the appointing authority and on filing of such representation, the petitioners, therein have been granted the requisite relief by the respondents and, therefore, the present petitioner may also be granted similar relief as granted in the case of Suman Jhanwar (supra).

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In the case of Suman Jhanwar (supra), this Court after hearing the parties, passed the following order:-

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“Therefore, the present writ petitions are disposed of with liberty and direction to the petitioners to file appropriate representation with relevant evidence before the appointing authority, who has issued the orders of appointment to the petitioners claiming the same relief, as purportedly given to other similar situated persons. It is expected of the respondent authority to pass speaking orders after providing the opportunity of hearing to the petitioners or their authorized representative as to why similar benefit cannot be extended to them though others persons have been given

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(3 of 3) [CW-16579/2019]

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such benefits. If, however, any adverse order is passed against the petitioners, the petitioners will be at liberty to avail the legal remedy available to them in accordance with law.”

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In view of the submissions as noticed hereinbefore, the writ

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petition filed by the petitioner is disposed of with the similar directions as given in the case of Suman Jhanwar (supra).

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(SABINA),J

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31-Arvind/-

Smt. Bunna Devi v. State of Rajasthan

Case brief

What is this about?

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Smt. Bunna Devi v. State of Rajasthan

Case brief

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