Disposed

Anjana Chaudhary v. the State of Rajasthan

Rajasthan HC11 Jan 2019CW/483/2019

Case brief

AI extract

What is this about?

This writ petition challenged denial of seniority to 42 teacher group III applicants who joined under a 2012 recruitment drive. The High Court applied principles from Suman Bai vs. State of Rajasthan. The Court held that seniors on a common merit list must receive pay fixation and seniority benefits effectively from the date juniors were appointed.

What did the court decide?

State respondents directed to extend pay fixation and seniority benefits on notional basis from date of junior appointment and decide matter via speaking order within 30 days

Anjana Chaudhary Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ No. 483/2019

¶3

Anjana Chaudhary D/o Hetram Mothsdara, Aged About 33 Years, W/o Ashish Dhaka, R/o Plot No. B-171, Sector 1, Sainik Basti, Churu (Raj.). (Posted As Teacher Grade Iii Level-Ii At Ggups, Ghantel, P.s. Churu, District Churu).

¶4

Rakesh Kumar Bairwa S/o Badri Lal Bairwa, Aged About 39 Years, R/o New Bus Stand, Tonk, Post Tonk, Tehsil And District Tonk (Raj.). (Posted As Teacher Grade Iii Level-Ii Urdu At Gass, Paldi Jod, P.s. Sumerpur, District Pali).

¶5

Hemaram S/o Peera Ram, Aged About 35 Years, Village Bankana, Post Dharasar, Tehsil Chohtan, District Tonk (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies Gups, Laxmansingh Ka Talla, Taratara Math, P.s. Chohtan, District Barmer).

¶6

Mani Ram Meena S/o Pyare Lal Meena, Aged About 32 Years, Village Roopbas, Post Bhadodi, Tehsil Rajgarh, District Alwar (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Surachand No.02, P.s. Tehsil Chitalwana, District Jalore. Presently Posted At Gss, Visala, P.s. Sayala, District Jalore.

¶7

Jyoti Kumari D/o Mool Chand, Aged About 27 Years, Padewa Tehsil Khetri, District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Kothar, P.s. Bali, District Pali).

¶8

Mamta Jangid D/o Omprakash Jangid, Aged About 33 Years, P.28, Jangid Bhawan, Near Old Water Tank, Shiv Vihar, Khatipura, Jaipur. At Present C/o Hardeva Ram Jeengar, Jeengar Mohalla, Old Post Office, Sindhari, Districty Barmer (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gss, Makwano Ki Dhani, P.s. Sindhari, District Barmer).

¶9

Chanda Lohar D/o Banshi Lal Lohar, Aged About 32 Years, House No. K-10, Hiran Magri, Sector-5, Basant Vihar, Udaipur. At Present, 69, Ramathali, Mahadev Ki Gali, Tehsil Kapasan, District Chittorgarh (Raj.). (Posted As Teacher Grade Iii Level-Ii English At Gups, Raghunathpura, Umand, P.s. Kapasan, District Chittorgarh).

¶10

Sunil Kumar Kalyan S/o Budhwari Lal Kalyan, Aged About

¶11

(2 of 9)

¶12

[CW-483/2019]

¶13

33 Years, Ward No. 23, Village Chirana, Tehsil Nawalgarh, District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Sherrani Dhani, Bhiniyad, P.s. Jayal, District Nagaur).

¶14

Kiran Swami D/o Mahender Prasad Swami, Aged About 37 Years, Naya Bass, Sujangarh, Ward No. 24, District Churu (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Sherani Dhani, Bhiniyad, P.s. Jayal, District Nagaur).

¶15

Vijay Parashar S/o Shri Rajendr Prasad, Aged About 31 Years, Village And Post Basai Nawab, Tehsil Saipau, District Dholpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Devgarh, Basai Nawab, P.s. Dholpur, District Dholpur).

¶16

Anita Meena D/o Sita Ram Meena, Aged About 28 Years, Meena Mohalla, Vpo Kundal, Tehsil And District Dausa (Raj.). (Posted As Teacher Grade Iii Level-I Gps, Dholapani, P.s. Chhoti Sadri, District Pratapgarh).

¶17

Madhu Malhotra D/o Chhagan Lal Khatri, Aged About 36 Years, W/o Rohit Malhotra, C/o Rohit Malhotra, Near Bangali Temple, Sharma Colony, Rani Bazar, Bikaner (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Shriya Devi Ka Mandir, Gol Station, P.s. Balotra, District Barmer).

¶18

Krishna Swarnkar D/o Gopal Lal Swarnkar, Aged About 41 Years, Byepass Kachhola, Tehsil Mandalgarh, District Bhilwara (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies At Gups, Thal Khurd, Thalkalan, P.s. Mandalgarh, District Bhilwara).

¶19

Vinod Kumar Meena S/o Roopnarayan Meena, Aged About 27 Years, Village And Post Kalaguda, Tehsil Sapotra, District Karauli (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Kishanpura, P.s. Begun, District Chittorgarh. Presently Posted At Gps, Nathuramji Ka Khera, P.s. Begun, District Chittorgarh).

¶20

Suresh Chandra Keer S/o Ramchandra Keer, Aged About 30 Years, Village And Post Santhali, Tehsil Deoli, District Tonk (Raj.). (Posted As Teacher Grade Iii Level-Ii At Gss, Jawasiya, Mandpiya, P.s. Gangrar, District Chittorgarh. Presently Posted As Ggups, Bandawa, Raghunathpura, P.s. Gangrar, District Chittorgarh).

¶21

Bharmal S/o Prabhu Ram, Aged About 30 Years, Village

¶22

(3 of 9)

¶23

[CW-483/2019]

¶24

And Post Thobau, Tehsil Bhinmal, District Jalore (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Nimbali Nadi, Thobau, P.s. Sayla, District Jalore. Presently Posted As Agsss, Unari, P.s. Sayla, District Jalore).

¶25

Arvind Kuamr S/o Biri Singh, Aged About 35 Years, Village Bartai, Post Usrani, Tehsil Kumher, District Bharatpur (Raj.). (Posted As Teacher Grade Iii Level-Ii English At Gskups, Kalikhol, P.s. Mandalgarh, District Bhilwara. Presently Posted At Ghss, Baldarkha, P.s. Mandalgarh, District Bhilwara).

¶26

Nandkishor Sharma S/o Mahesh Chand Sharma, Aged About 34 Years, Village And Post Bijwari, Tehsil Bhusawar, District Bharatpur (Raj.). (Posted As Teacher Grade Iii Level-Ii English At Gups, Jalam Ki Jhopadiya, P.s. Mandalgarh, District Bhilwara. Presently Posted At Gsss, Genoli, P.s. Mandalgarh, District Bhilwara).

¶27

Ram Laxman Meena S/o Mohal Lal Meena, Aged About 32 Years, Village Motipura, Post Luharpura, Tehsil Nainwan, District Bundi (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gskups, Kalikhol, P.s. Mandalgarh, District Bhilwara).

¶28

Bharat Lal Saini S/o Ram Charan Saini, Aged About 30 Years, Village Ghanturi, Post Samleti, Tehsil Mahwa, District Dausaa (Raj.). (Posted As Teacher Grade Iii LevelIi Social Science At Gups, Kekadiya, P.s. Mandalgarh, District Bhilwara).

¶29

Vijendr Kumar Bairwa S/o Ramsi Bairwa, Aged About 37 Years, Village Bada, Post Rajpur, Tehsil Nadauti, District Karauli (Raj.). (Posted As Teacher Grade Iii Level-Ii Hindi At Gups, Kekadiya, P.s. Mandalgarh, District Bhilwara).

¶30

Dinesh Pal Singh Jakhar S/o Mahavir Singh Jakhar, Aged About 29 Years, Village And Post Jerthi, Via Kudan, District Sikar (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gups, Jalam Ki Jhopadiya, Bikarn, Ps. Mandalgarh, District Bhilwara).

¶31

Keval Singh Dindor S/o Velji, Aged About 37 Years, Village Jalda, Post Bodigama, Tehsil Bagidora, District Banswara (Raj.). (Posted As Teacher Grade Iii Level-Ii Hindi At Gups, Umripara, P.s. Chhoti Sarvan, District Banswara).

¶32

Preeti Upadhyay D/o Ganpat Lal Upadhyay, Aged About 38 Years, W/o Kamlesh Pandya, Village And Post Anjana,

¶33

(4 of 9)

¶34

[CW-483/2019]

¶35

Tehsil Garhi, District Banswara (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Shik Jogiwara (Khuntinarji), P.s. Gangad Talai, District Banwara).

¶36

Harish Chandra Pargi S/o Shyamji Pargi, Aged About 32 Years, Vpo Ummedgarh, Tehsil Bagidora, District Banswara (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies At Gups, Borkunda, Sendnani, P.s. Gangad Talai, District Banswara).

¶37

Rameela D/o Jyoti Charpota, Aged About 38 Years, W/o Rajesh Bhagora, Village Janawari, New Panchalwasa, Tehsil And District Banwara (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies At Gups, Nawatapara, Devgarh, P.s. Banswara, District Banswara).

¶38

Virendra Kumar Katara S/o Hira Lal Katara, Aged About 36 Years, Ambapada, Danpur, District Banswara (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies At Gups, Umripara, P.s. Chhoti Sarvan, District Banswara).

¶39

Rahul Singh Gohil S/o Kamlesh Singh Gohil, Aged About 27 Years, Village And Post Bhagwatgarh, Tehsil Chauth Ka Barwara, District Sawai Madhopur (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Bhakhara, Kanpur, P.s. Kharwara, District Udaipur .)

¶40

Om Prakash Dara S/o Bhagavana Ram, Aged About 28 Years, Village And Post Poonasa, Tehsil Bhinmal, District Jalore (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Khuni Bheelo Ki Dhani, Dantiwas, P.s. Bhinmal, District Jalore).

¶41

Shivendra Kumar Tiwari S/o Vedvyas Tiwari, Aged About 35 Years, Sunder Nagar, Tehsil Chohtan, District Barmer (Raj.). (Posted As Teacher Grade Iii Level-Ii Sanskrit At Gups, Jani Manmoda Ka Tala, Gogo Ka Tala, P.s. Dhanau, District Barmer).

¶42

Adam Khan S/o Ali Mohammad, Aged About 29 Years, Village And Post Payal Kala, Tehsil Sindhari, District Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Goliya Jivraj (Lalava), P.s. Sindari, District Barmer).

¶43

Jetha Ram S/o Hukma Ram, Aged About 30 Years, Village And Post Kesumbla Bhatiyan, Tehsil Gida, District Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Goliya Jivraj, Lolava, P.s. Sindary, District Barmer).

¶44

Manju Kumari D/o Dharm Pal Singh, Aged About 35

¶45

(5 of 9)

¶46

[CW-483/2019]

¶47

Years, Village And Post Bharonda Kalan, Tehsil And District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gups, Tiloti, P.s. Ladnu, District Nagaur).

¶48

Naina Meena D/o Sita Ram Meena, Aged About 33 Years, W/o Vijay Kumar Meena, Vo Shriram Ki Nagal, Thana Sanganer, Jaipur (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gups, Hanumant Ji Ki Dhani, Chaba, P.s. Shergarh, District Jodhpur).

¶49

Shanti Ram Meena D/o Sita Ram Meena, Aged About 26 Years, 84-B, Old Loco Colony, Ratanada, Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-I Gps, Dholpaliya Nadi, Kishanpura, Suwaliya, P.s. Shergarh, District Jodhpur).

¶50

Bhateri D/o Devkaran, Aged About 32 Years, W/o Tarachand, R/o Ojhriya, Jigsana Tal, District Churu (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies At Gups, Dhani Puniya, P.s. Tara Nagar, District Churu).

¶51

Satyanarayan Meena S/o Gendi Lal Meena, Aged About 35 Years, Village Thand Ka Jhopara, Post Soran, Tehsil Hindoli, District Bundi (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Balapura (Sisola), P.s. Nainwa, District Bundi).

¶52

Radheshyam Meena S/o Ramnarayan Meena, Aged About 29 Years, Village Badoliya, Post Soran, Tehsil Hindoli, District Bundi (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Thaliya, Ranipura, P.s. Hindoli, District Bundi).

¶53

Gajendra Kumar Malav S/o Nathu Lal Malav, Aged About 36 Years, Village Kalitalai, Post Jhali Ji Ka Barana, Tehsil K.patan, District Bundi (Raj.). (Posted As Teacher Grade Iii Level-Ii Sanskrit At Gups, Mohanpura, P.s. Bundi, District Bundi).

¶54

Swati Sharma D/o Rajendra Nath Sharma, Aged About 41 Years, 1-J-21, Vikas Nagar, Housing Board, District Bundi (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Karjuna, P.s. Bundi, District Bundi).

¶55

Man Bhawan Meena S/o Rameshwar Prasad Meena, Aged About 46 Years, Milak Saray, Sop, Tehsil Nadauti, District Karauli (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Alakh Gusai Ki Dhani, Bhumbaliya, P.s. Jaitaran, District Pali).

¶56

Surendra Kumar Balai S/o Choth Mal, Aged About 42

¶57

(6 of 9)

¶58

[CW-483/2019]

¶59

Years, Plot No. 70, Ward No. 3, Papdi Road, Tehsil Virat Nagar, District Jaipur (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gups, Bachhadi, P.s. Thanagazi, District Alwar).

¶60

----Petitioners

¶61

Versus

¶62

The State Of Rajasthan, Through Its Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Jaipur, Rajasthan.

¶63

The Chief Executive Officer, Zila Parishad, Udaipur.

¶64

The District Education Officer, Elementary, Udaipur.

¶65

The Director, Elementary Education, Rajasthan, Bikaner.

¶66

The Chief Executive Officer, Zila Parishad, Churu.

¶67

The District Education Officer, Elementary, Churu.

¶68

The Chief Executive Officer, Zila Parishad, Pali.

¶69

The District Education Officer, Elementary, Pali.

¶70

The Chief Executive Officer, Zila Parishad, Barmer.

¶71

The District Education Officer, Elementary, Barmer.

¶72

The Chief Executive Officer, Zila Parishad, Jalore.

¶73

The District Education Officer, Elementary, Jalore.

¶74

The Chief Executive Officer, Zila Parishad, Chittorgarh.

¶75

The District Education Officer, Elementary, Chittorgarh.

¶76

The Chief Executive Officer, Zila Parishad, Nagaur.

¶77

The District Education Officer, Elementary, Nagaur.

¶78

The Chief Executive Officer, Zila Parishad, Dholpur.

¶79

The District Education Officer, Elementary, Dholpur.

¶80

The Chief Executive Officer, Zila Parishad, Pratapgarh.

¶81

The District Education Officer, Elementary, Pratapgarh.

¶82

The Chief Executive Officer, Zila Parishad, Bhilwara.

¶83

The District Education Officer, Elementary, Bhilwara.

¶84

The Chief Executive Officer, Zila Parishad, Banswara.

¶85

The District Education Officer, Elementary, Banswara.

¶86

The Chief Executive Officer, Zila Parishad, Jodhpur.

¶87

The District Education Officer, Elementary, Jodhpur.

¶88

The Chief Executive Officer, Zila Parishad, Bundi.

¶89

(7 of 9)

¶90

[CW-483/2019]

¶91

The District Education Officer, Elementary, Bundi.

¶92

The Chief Executive Officer, Zila Parishad, Alwar.

¶93

The District Education Officer, Elementary, Alwar.

¶94

----Respondents

¶95

For Petitioner(s) : Mr. Ramesh Kumar for Mr. Hanuman Singh Choudhary. For Respondent(s) :

¶96

HON'BLE MR. JUSTICE ARUN BHANSALI

¶97

Order

¶98

11/01/2019

¶99

Learned counsel for the petitioners submits that the issue involved in present writ petition is squarely covered by the judgment rendered by Jaipur Bench of this Hon’ble Court in case of Surja Ram & Ors. Vs. State of Rajasthan & Ors. – SBCW No.3082/2018, decided on 09.02.2018 . The judgment reads as

¶100

under:-

¶101

“The controversy raised in the instant writ application is no more res-integra in view of the adjudication made in the case of Suman Bai & Anr. Vs. State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, wherein the Coordinate Bench of this Court observed thus:

¶102

“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 mapplication 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 thus flows from their selection which in turn is based on merit.

¶103

(8 of 9)

¶104

[CW-483/2019]

¶105

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 6 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.

¶106

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 barred by resjudicata or otherwise improperly constituted.

¶107

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.”

¶108

Applying the principle, as extracted hereinabove, to the facts of the case at hand the factual position emerges is that the petitioners participated in the recruitment process in response to advertisement issued by Zila

¶109

(9 of 9)

¶110

[CW-483/2019]

¶111

Parishad in the year 2012, inviting the applications from the eligible candidates for appointment on the post of Teacher Grade III. It is also not in dispute that the petitioners earlier instituted writ applications and as a consequence of directions issued by this Court, the result was revised in the month of November, 2016; resulting into appointment of the petitioners on the post of Teacher Grade III (Level I/Level-II).

¶112

Undeniably, the petitioners have already been accorded appointment. However, State-respondents have declined seniority and other benefits to the petitioners from the date the petitioners became entitled on account of revision of the result while candidates lower in merit to the petitioners have been accorded those benefits. Thus, the petitioners have claimed benefit of pay fixation and seniority on notional basis from the date juniors to the petitioners, have been accorded in the same recruitment process of the year 2012.

¶113

Accordingly, the State-respondents are directed to extend the benefit of pay fixation and seniority on notional basis to the petitioners from the date junior(s) to the petitioner(s) has/have been accorded with reference to the same recruitment process of the year of 2012.

¶114

In view of above, the writ petition is disposed of with a direction to the respondents to decide the issue of petitioners in terms of the judgment of Surja Ram (Supra) by a speaking order within a period of 30 days from today.

¶115

(ARUN BHANSALI),J

¶116

202-Rmathur/-

Anjana Chaudhary v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anjana Chaudhary v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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