Allowed

Pramila Jeengar v. State of Rajasthan

Rajasthan HC8 Jan 2019CW/337/2019

Case brief

AI extract

What is this about?

This single-bench order in S.B. Civil Writ No. 337/2019 disposed of a writ petition filed by 77 petitioners regarding recruitment and seniority in Rajasthan. The court relied on a coordinate bench's judgment in Om Prakash & Ors., aligning with precedents set in Hemlata Shrimali & Ors. and Hari Ram & Ors., which establish that candidates above earlier appointees in the merit list are entitled to co

What did the court decide?

Directed respondents to treat the petitioners senior to respondents Nos. 4 to 8 (earlier appointees) as per their placement in the merit list.

Pramila Jeengar 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. 337/2019

¶3

Pramila Jeengar D/o Shyam Lal Jeengar, Aged About 30 Years, Vpo Deogarh, Tehsil Deogarh, District Rajsamand (Raj.).

¶4

Sohan Lal Gayri S/o Ram Lal Gayri, Aged About 31 Years, Vpo Shishavi Tehsil Nathdwara, District Rajsamand (Raj.).

¶5

Babu Lal Bhoi S/o Ram Charan Bhoi, Aged About 36 Years, Vpo Godiya Mehar, Tehsil Chhabra, District Baran (Raj.).

¶6

Mahendra Swami S/o Rajendra Swami, Aged About 32 Years, Village Painchala, Post Lapawali, Tehsil Todabhim, District Karouli (Raj.).

¶7

Chahnya Bai D/o Sitaram Bairwa, Aged About 34 Years, W/o Ramswaroop Bairwa, Village Dadwara, Post Nonera, Tehsil Pipalda, District Kota (Raj.).

¶8

Anita Raj Bairwa D/o Prahlad Rai Bairwa, Aged About 34 Years, W/o Rameshwar Bairwa, Village Khakta, Post Makhida, Tehsil Indergarh, District Bundi (Raj.).

¶9

Balwan Singh S/o Manroop, Aged About 34 Years, Village Kanau, Tehsil Bhadra, District Hanumangarh (Raj.).

¶10

Bharat Singh Ashiya S/o Badree Dan Ashiya, Aged About 28 Years, Village Moolwas, Post Dawa Tehsil Nokha, District Bikaner (Raj.).

¶11

Tarachand Godara S/o Surjaram Godara, Aged About 30 Years, Choudhary Colony, Near Jain P.g. College, Nokha Road, Gangashahar, District Bikaner (Raj.).

¶12

Neelam Kunwar Solanki D/o Raju Singh Solanki, Aged About 27 Years, Village Jhinwara, Tehsil Garbhor, District Rajsamand (Raj.).

¶13

Harikesh Lal Meena S/o Heera Lal Meena, Aged About 30 Years, Village Manema, Post Katkad, Tehsil Hindaun City, District Karouli (Raj.).

¶14

Vikram Singh Shekhawat S/o Ayuwan Singh, Aged About 30 Years, Vpo Hudeel Via Nawa, District Nagaur (Raj.).

¶15

Asha Chheepa D/o Mahendra Kumar Chheepa, Aged About 36 Years, 20A, Panchwati Colony-B, Sanganaer, Jaipur, District Jaipur (Raj.).

¶16

(2 of 10)

¶17

[CW-337/2019]

¶18

Rajesh Kumar Kumawat S/o Babulal Kumawat, Aged About 36 Years, Van Vihar Colony, Ward No. 3, Near Of Petrol Pump, Shrimadhopur, District Sikar (Raj.).

¶19

Seema Kumari Yadav D/o Badri Lal Yadav, Aged About 32 Years, Village Gangarampura, Post Khijuriya Bramanan, Tehsil Bassi, District Jaipur (Raj.).

¶20

Kan Singh Rathor S/o Pratap Singh, Aged About 36 Years, C/o Gajendra Singh, H-32, Housing Board, Govind Nagar, Kankroli, District Rajsamand (Raj.).

¶21

Bhawana Sen D/o Shanti Lal Sen, Aged About 34 Years, Village Koyad, Kankroli, District Rajsamand (Raj.).

¶22

Sunita Meena D/o Shivcharan Meena, Aged About 28 Years, Village Arniya, Post Nogaon, Tehsil Gangapur City, District Sawai Madhopur (Raj.).

¶23

Sharwan Kumar S/o Nathu Ram, Aged About 29 Years, Village Raw Wala, Post Barsalpur, Tehsil Kolayat, District Bikaner (Raj.).

¶24

Lekhraj Meena S/o Mohal Lal, Aged About 30 Years, Vpo Laban, Tehsil Indergarh, District Bundi (Raj.).

¶25

Hajari Ram Godara S/o Nanu Ram Godara, Aged About 33 Years, Vpo Seruna, Tehsil Dungargarh, District Bikaner (Raj.).

¶26

Sonal Khatik D/o Manak Lal Khatik, Aged About 27 Years, Keshring Ghati, Shiv Mandir Ke Pass, Ward No. 8, Deogarh, District Rajsamand (Raj.).

¶27

Mahesh Chand Meena S/o Tunda Ram, Aged About 29 Years, Vpo Keshra, Tehsil Mahwa, District Dausa (Raj.).

¶28

Ravi Shankar Soni S/o Kanhaiya Lal Soni, Aged About 33 Years, Indraprasth Colony, Khori Road, Shahpura, District Jaipur (Raj.).

¶29

Sumer Singh S/o Latoor Mal, Aged About 30 Years, Village Ghonsla, Post Mahu, Tehsil Hindaun City, District Karouli (Raj.).

¶30

Sareeta Kumari Meena D/o Shreechand Meena, Aged About 32 Years, H. No. 9/61, K.k. Colony, Basni First Phase, Jodhpur, District Jodhpur (Raj.).

¶31

Vinod Kumar Dholi S/o Nathu Lal Dholi, Aged About 33 Years, Village Negadiya Khera, Tehsil Sahara, District Bhilwara (Raj.).

¶32

(3 of 10)

¶33

[CW-337/2019]

¶34

Gajanand Meena S/o Shrinarayan Meena, Aged About 37 Years, Village Jhol, Post Manota, Tehsil Jamvaramgarh, District Jaipur (Raj.).

¶35

Narayan Lal Bheel S/o Duda Ram Bheel, Aged About 28 Years, Vpo Sadri, Tehsil Railmagra, District Rajsamand (Raj.).

¶36

Bheru Lal Regar S/o Mangi Lal Regar, Aged About 28 Years, Vpo Sadri, Tehsil Railmagar, District Rajsamad (Raj.).

¶37

Ghanshyam Mahawar S/o Shankar Lal Mahawar, Aged About 34 Years, Village Bhagavatpura, Post Mirzapura, Tehsil Lalsot, District Dausa, (Raj.).

¶38

Mahendra Kumar Dinkar S/o Raghuver Prasad, Aged About 32 Years, Vpo Pachar, Tehsil Dataramgarh, District Sikar (Raj.).

¶39

Ramkesh S/o Siyaram, Aged About 28 Years, B/c Gurjar, Village Chikharu, Post Raroda, Tehsil Bayana, District Bharatpur (Raj.).

¶40

Jyoti Jeengar D/o Ram Lal Jeengar, Aged About 26 Years, Village Lawa Sardargarh, Tehsil Amet, District Rajsamand (Raj.).

¶41

Bharti Balotiya D/o Hemaram Balotiya, Aged About 26 Years, G-197, Rajput Colony, Subhash Nagar, District Bhilwara (Raj.).

¶42

Mamta Meena D/o Shivaji Lal, Aged About 31 Years, Village Khajura, Post Karwar, Tehsil Nainwan, District Bundi (Raj.).

¶43

Chanda Chhipa D/o Mangi Lal Chhipa, Aged About 39 Years, C/o Ramlal Chhipa, Barla Chauraha, Gali No. 3, Shastri Nagar, Bhilwara, District Bhilwara (Raj.).

¶44

Leela Salvi D/o Ganesh Lal Salvi, Aged About 28 Years, W/o Sonu Salvi, Village Aanaja, Post Gavardi, Tehsil Railmagra, District Rajsamand (Raj.).

¶45

Kavita Kumari D/o Girdhari Lal, Aged About 26 Years, W/o Bhagirath Regar, Village Dhaneriya, Tehsil Hindon City, District Rajsamand (Raj.).

¶46

Rajkesh Meena S/o Shrikishan Meena, Aged About 38 Years, Village Kalaran Ka Pura, Post Kheda, Tehsil Hindoun City, District Karouli (Raj.).

¶47

Laxminarayan S/o Narayan Ram, Aged About 29 Years,

¶48

(4 of 10)

¶49

[CW-337/2019]

¶50

Village Jalimpura, Post Kaliyasar, Tehsil Malsisar, District Jhunjhunu (Raj.).

¶51

Ramnath Singh S/o Dharm Chand, Aged About 28 Years, Village Rauteeba, Post Dhingi, Tehsil Rajgarh, District Churu (Raj.).

¶52

Dhan Singh Gurjar S/o Bajrang Lal, Aged About 29 Years, Village Burali, Post Gudha Gorji, Tehsil Udaipurwati, District Jhunjhunu (Raj.).

¶53

Hoshiyar Singh S/o Jalli, Aged About 29 Years, B/c Gurjar, Village Reenjwas, Post Pali, Tehsil Hindaun City, District Karauli (Raj.).

¶54

Meghraj Meena S/o Ramcharan Meena, Aged About 30 Years, Hariom Colony, Baler Road, Khandar District Sawai Madhopur (Raj.).

¶55

Bhagwan Das Jadav S/o Kedar Nath Jadav, Aged About 34 Years, Vpo Sounkhari (Indra Colony), Via Kherali, Tehsil Kathumar, District Alwar (Raj.).

¶56

Alka Saini D/o Chhaju Ram, Aged About 29 Years, Near Agarsen Circle, Bagar Road, Ward No. 42, Jhunjhunu, District Jhunjhunu (Raj.).

¶57

Narayan Ram S/o Gordhan Ram, Aged About 37 Years, Vpo Kalwa Bara Via Borawar, Tehsil Makrana, District Nagaur (Raj.).

¶58

Hemraj S/o Gokul Prasad, Aged About 35 Years, H.no. 30/12, Behind Nehru Children Sec. School, Indra Gandhi Nagar, Kota, District Kota (Raj.).

¶59

Kavita Choudhary D/o Subhash Chandra, Aged About 38 Years, 9, Sonika Nagar, Near Alik School, Jawad, Kankroli, District Rajsamand (Raj.).

¶60

Sushila D/o Goru Ram, Aged About 36 Years, Vpo Satra, Tehsil And District Churu (Raj.).

¶61

Om Prakash Verma S/o Banshi Lal Verma, Aged About 26 Years, Vpo Shakoon, Tehsil Dudu, District Jaipur (Raj.).

¶62

Raj Kumar S/o Jhindu Ram, Aged About 32 Years, Vpo Sindhmukh, Tehsil Rajgarh, District Churu (Raj.).

¶63

Siya Ram Bairwa S/o Ram Suka Bairwa, Aged About 36 Years, Vpo Trisul Dhani, Tehsil Todabhim, District Karauli (Raj.).

¶64

Bachchu Singh Meena S/o Kanji Ram Meena, Aged About

¶65

(5 of 10)

¶66

[CW-337/2019]

¶67

30 Years, Vpo Safipura, Tehsil Bamanwas, District Sawai Madhopur (Raj.).

¶68

Reeta D/o Bhanwar Lal, Aged About 27 Years, Ward No. 10, Vpo Norngdesar, Tehsil And District Hanumangarh (Raj.).

¶69

Gopal Lal Teli S/o Narayan Lal Teli, Aged About 34 Years, Vpo Kaliyas, Tehsil Asind, District Bhilwara (Raj.).

¶70

Sua Lal Kumhar S/o Naru Lal Kumhar, Aged About 31 Years, Vpo Isharmand, Tehsil Deogarh, District Rajsamand (Raj.).

¶71

Rajesh Acharya S/o Sukh Lal Acharya, Aged About 36 Years, Village Gilund, Tehsil Railmagra, District Rajsamand (Raj.).

¶72

Shrinarayan Jat S/o Radhakishan Choudhary, Aged About 36 Years, Village Raheempura, Post Chandlai, Tehsil And District Tonk (Raj.).

¶73

Mahendra Kumar Pareek S/o Kailash Chand Pareek, Aged About 36 Years, Khejroli, Tehsil Chomu, District Jaipur (Raj.).

¶74

Anand Kumar S/o Pyare Lal, Aged About 42 Years, Mohalla Anandpuri, Ward No. 6, Post Khetri Nagar, District Jhunjhunu (Raj.).

¶75

Manjeet Singh S/o Bhanwar Lal Khalya, Aged About 34 Years, Village Mithariya Tehsil Degana, District Nagaur (Raj.).

¶76

Anil Kumar S/o Sukshi Ram, Aged About 43 Years, Vpo Kharoli, Tehsil And District Bharatpur (Raj.).

¶77

Nema Ram S/o Bansi Lal, Aged About 29 Years, B/c Vishnoi, Village Damboi Khurd, Post Gachhipura, Tehsil Makrana, District Nagaur (Raj.).

¶78

Meenu Meena D/o Madan Lal Meena, Aged About 29 Years, W/o Rajendra Prasad Meena, Village Bhama Ki Dhani (Ramjipura), Post Kachariawas, Tehsil Dantarmagarh, District Sikar (Raj.).

¶79

Sharda Meena D/o Sharan Singh Meena, Aged About 26 Years, Village Budamandwara, Post Kurgaon, Tehsil Sapotra, District Karauli (Raj.).

¶80

Sunita Palawat D/o Bhawani Singh, Aged About 35 Years, Village Charanwas, Post Alisar Via Kaladera, Tehsil Chomu, District Jaipur (Raj.).

¶81

(6 of 10)

¶82

[CW-337/2019]

¶83

Vasudev Joshi S/o Radhe Shyam Joshi, Aged About 35 Years, Vpo Deogarh, Tehsil Deogarh, District Rajsamand (Raj.).

¶84

Babu Lal Meena S/o Jagdish Meena, Aged About 35 Years, Vpo Theekariya Meenan, Tehsil Kotkhawada, District Jaipur (Raj.).

¶85

Meenakshi Neelmani D/o Purushottam Neelmani, Aged About 34 Years, W/o Bharat Sen, R/o Mangal Vatika, Lawa Sardargarh, Tehsil Amet, District Rajsamand (Raj.).

¶86

Savita Nath D/o Ladu Ram Nath, Aged About 39 Years, W/o Laxman Nath, R/o Vpo Kalyan Colony, Ajmer Road, Kekri, District Ajmer (Raj.).

¶87

Ajay Kumar Bairwa S/o Shri Narayan Lal Bairwa, Aged About 29 Years, Vpo Sukar, Tehsil Bamanwas, District Sawai Madhopur (Raj.).

¶88

Devendra Singh Sujawat S/o Mal Singh, Aged About 40 Years, Village Ganga Ji Ka Kheda, Tehsil Bhim, District Rajsamand (Raj.).

¶89

Sumitra Oswal S/o Jagdish Prasad Oswal, Aged About 42 Years, D-185, Kardhani Scheme, Kalwar Road, Jhotwara, Jaipur, District Jaipur (Raj.).

¶90

Manju Kumawat D/o Ram Dayal, Aged About 26 Years, Vpo Minda Via Maroth, Tehsil Nawa, District Nagaur (Raj.).

¶91

Rekha Jeengar D/o Laduram Jeengar, Aged About 28 Years, Suraj Darwaja, Kumaharo Ka Mohalla, Deogarh, District Rajsamand (Raj.).

¶92

----Petitioners

¶93

Versus

¶94

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

¶95

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

¶96

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

¶97

The Director, Elementary Education, Bikaner (Rajasthan). 5. The Chief Executive Officer, Zila Parishad, Rajsamand (Raj.).

¶98

The District Elementary Education Officer, Rajsamand

(7 of 10)

[CW-337/2019]

(Raj.).

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

¶103

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

¶104

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

¶105

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

¶106

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

¶107

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

¶108

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

¶109

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

¶110

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

¶111

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

¶112

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

¶113

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

¶114

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

¶115

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

¶116

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

¶117

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

¶118

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

¶119

----Respondents

¶120

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

¶121

HON'BLE MR. JUSTICE ARUN BHANSALI

¶122

Order

¶123

08/01/2019

¶124

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 ,

¶125

(8 of 10)

¶126

[CW-337/2019]

¶127

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).

¶128

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:-

¶129

“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:

¶130

“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 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

¶131

(9 of 10)

¶132

[CW-337/2019]

¶133

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.

¶134

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 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

¶135

(10 of 10) [CW-337/2019]

¶136

barred by resjudicata or otherwise improperly constituted.

¶137

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.”

¶138

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.

¶139

Ordered accordingly.”

¶140

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).

¶141

(ARUN BHANSALI),J

¶142

233-Rmathur/-

Pramila Jeengar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pramila Jeengar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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