Allowed

Chhagan Lal v. the State of Rajasthan

Rajasthan HC11 Jan 2019CW/511/2019

Case brief

AI extract

What is this about?

In this writ petition, teachers challenged the denial of seniority and pay benefits. The court held that candidates lower in merit were wrongly appointed before petitioners. Directing the State to accord benefits on a notional basis from the time juniors were appointed.

What did the court decide?

Respondents directed to extend pay fixation and seniority benefits on a notional basis from the date juniors were appointed; decision to be made by speaking order within 30 days.

Chhagan Lal 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. 511/2019

¶3

Chhagan Lal S/o Bhagirath, Aged About 30 Years, R/o 4 Nwd, Rampura Matoriya, District Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Dhani Mayla, P.s. Rawatsar, District Hanumangarh).

¶4

Sunita Kumar D/o Hari Bhagwan,, Aged About 27 Years, R/o Januthariya Mohalla, Kathumar, Tehsil Kathumar, District Alwar (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Bikolaw Talab, Araksar, P.s. Kuchaman City, District Nagaur).

¶5

Meenakshi Arya D/o Mahendra Singh Arya,, Aged About 29 Years, R/o Ward No. 21, Kutia Road, Indira Colony, Bhadra, District Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Bijrasar, P.s. Sardar Shahar, District Churu).

¶6

Hawa Singh S/o Sunda Ram,, Aged About 36 Years, R/o Dhani Torala Ki, Village Chapoli, Tehsil Udaipurwati, District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Hudda Piyo, Sayab Nagar, Rajsagar, P.s. Shekhala, District Jodhpur).

¶7

Ghewar Chand S/o Hathi Ram,, Aged About 29 Years, R/o Village Roopnagar, Post Badi Khatu, Tehsil Jayal, District Nagaur (Raj.) (Posted As Teacher Grade Iii Level-I At Gups, Jhhalora Bhatiyan, P.s. Pokaran, District Jaisalmer).

¶8

Mala Ram Dewasi S/o Shiv Ram Dewasi,, Aged About 29 Years, R/o Village Sewriya, Tehsil Jaitaran, District Pali (Raj.). (Initially Posted As Teacher Grade Iii Level-I At Gups, Ransingh Ki Dhani, P.s. Pokaran, District Jaisalmer. Presently Posted At Gps, Khanoriyon Ki Dhani, P.s. Pokaran, District Jaisalmer).

¶9

Rita Gahlot D/o Vishamber Dayal,, Aged About 39 Years, R/o Ward No. 02, Rajeev Colony, Sri Vijainagar, District Sri Ganganagar (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Biradhwal Head, P.s. Suratgarh, District Sri Ganganagar).

¶10

Jitendra Kumar Mahawar S/o Prem Kumar,, Aged About 31 Years, R/o 3/85, Neb Extension, Housing Board, Alwar (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gups, Alahpur, P.s. Umrain, District Alwar).

¶11

(2 of 10)

¶12

[CW-511/2019]

¶13

Krishan Kumar Meena S/o Sohan Lal Meena,, Aged About 31 Years, R/o Ward No. 1, Bhairu Ji Ki Nimdi Ke Pas, Vpo Bamanwas Kankar, Tehsil Thanagazi, District Alwar (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Siya Ka Bas, Parsa Ka Bas, P.s. Umrain, District Alwar).

¶14

Sohan Lal Swami S/o Pooran Das Swami,, Aged About 33 Years, R/o Village And Post Bhraj, Tehsil Kotputli, District Jaipur (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Dhuriya Moti Singh, Bhata, P.s. Sindhari, District Barmer).

¶15

Santosh Mishra S/o Ramnarayan Mishra,, Aged About 29 Years, R/o Village And Post Baleta, Tehsil Malakhera, District Alwar (Raj.). (Posted As Teacher Grade Iii Level-Ii Sanskrit At Gups, Bala Dhera, Shahpur, P.s. Umrain, District Alwar).

¶16

Malkhan Singh Dahiyawat S/o Madan Lal,, Aged About 28 Years, R/o Tehsil Ke Pass, Bhinay, District Ajmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Jade Ka Tala, Bhanwar Shah, Bambor, P.s. Dhanau, District Barmer).

¶17

Ronak Meghwal S/o Roop Lal Meghwal,, Aged About 27 Years, R/o White House, Heera Nagar Colony, Gingla, District Udaipur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Lifafa, P.s. Lasadiya, District Udaipur).

¶18

Vinita Meghwal D/o Naharmal Meghwal W/o Prakash Chandra Meghwal,, Aged About 25 Years, R/o Village And Post Gigla, Tehsil Salumbar, District Udaipur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Pratappura, Kharka, P.s. Salumber, District Udaipur).

¶19

Dhukal Ram Saini S/o Bhageerath Mal Saini,, Aged About 28 Years, R/o Ward No. 18, Gaushala Ke Pass, Nawalgarh, District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Puniyo Ki Dhani, Nosar, P.s. Lohawat, District Jodhpur).

¶20

Sumitra Prajapati D/o Dhanraj Prajapati,, Aged About 39 Years, R/o Kumhahar Mohalla, Nasirabad, District Ajmer (Raj.). (Posted As Teacher Grade Iii Level-Ii English At Gups, Kumawato Ka Guda, P.s. Badgaon, District Udaipur).

¶21

Jagdish Prasad Bairwa S/o Phool Chand Bairwa,, Aged About 44 Years, R/o Village And Post Gugariya, Tehsil Behror, District Alwar (Raj.). (Posted As Teacher Grade Iii

¶22

(3 of 10)

¶23

[CW-511/2019]

¶24

Level-Ii Sanskrit At Gups, Kachras, P.s. Jayal, District Nagaur).

¶25

Manju Prajapat D/o Ramratan Prajapat,, Aged About 41 Years, R/o 96, Himmat Nagar, Pali (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Kala Peepal Ki Dhani, P.s. Rohat, District Pali).

¶26

Lav Kumar Bhadoriya S/o Shivcharan Singh Puspad,, Aged About 27 Years, R/o Village And Post Bardala, Tehsil Nadoti, District Karauli (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Rupawato Ki Dhani, Kadwa, P.s. Bapini, District Jodhpur).

¶27

Vimalesh Kumar Baldodiya S/o Sayar Mal,, Aged About 37 Years, R/o Dhani Ramdev Sagar, Post Sirohi, Tehsil Neem Ka Thana, District Sikar (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gps, Mehtab Ji Ki Dhani, Kadwa, P.s. Bapini, District Jodhpur).

¶28

Rakesh Kumar Bakoliya S/o Durga Ram,, Aged About 30 Years, R/o Near Holi Peepli, Ward No. 18, Losal, Tehsil Dantaramgarh, District Sikar (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Patawaton Ki Dhani, Nimbo Ka Talab, P.s. Bapini, District Jodhpur).

¶29

Sheeshram Gurjar S/o Harlal Gurjar,, Aged About 29 Years, R/o Dhani Suraji Ka, Ratan Nagar, Post Dabla, Tehsil Neem Ka Thana, District Sikar (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gups, Dharmada Tanka, Sri Krishan Nagar, P.s. Bapini, District Jodhpur).

¶30

Lalit Kumar S/o Hetram,, Aged About 33 Years, R/o Kharbaso Ki Dhani, Post Birol, Via Jhajhar, Tehsil Nawalgarh, District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Govt. Adarsh Ups, Siyolon Ki Dhani, P.s. Bapini, District Jodhpur).

¶31

Duli Chand S/o Bhairu Lal,, Aged About 32 Years, R/o Behind New Post Office, Sambhar Lake, District Jaipur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Nathaniyo Ki Dhani, Saranpura, P.s. Bapini, District Jodhpur).

¶32

Prakash Chandra Sharma S/o Sohan Lal Sharma,, Aged About 35 Years, R/o Pataliya Ki Dhani, Kaladera, Tehsil Chomu, District Jaipur (Raj.). (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Jaaberkiya, Motipur, P.s.

¶33

(4 of 10)

¶34

[CW-511/2019]

¶35

Asind, District Bhilwara).

¶36

Shiv Kumar Meena S/o Divari Lal Meena,, Aged About 29 Years, R/o Village Badaprua, Post Masalpur, Tehsil And District Karauli (Raj.) (Posted As Teacher Grade Iii Level-I At Gsps, 1 Ssm, Sisyasar Chaugan, P.s. Khajuwala, District Bikaner).

¶37

Sukhmani D/o Meethu Ram,, Aged About 26 Years, R/o Vpo Roranwali, Ward No. 13, Tehsil And District Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-I At Ggups, 6 P.h.m., P.s. Khajuwala, District Bikaner).

¶38

Madan Lal S/o Ram Kumar,, Aged About 29 Years, R/o Vpo Badopal, Tehsil Pilibanga, District Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, 7 S.s.m., Siyasar Chougan, P.s. Khajuwala, District Bikaner).

¶39

Sushma D/o Omprakash,, Aged About 25 Years, R/o Village Arind, Post Mehtawas, Tehsil Neemrana, District Alwar (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Moonpur Thakaran, P.s. Kotkasim, District Alwar).

¶40

Anita Sharma D/o Prithvi Raj Sharma,, Aged About 35 Years, R/o Ward No. 25, Sangaria, Tehsil Sangaria, District Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-I At Gpus, Bichhval, District Hanumangarh).

¶41

Pinky D/o Mahendra Singh,, Aged About 32 Years, R/o Shiv Bari Ghati, Shiv Colony, Gali No. 6, Bikaner (Raj.). (Posted As Teacher Grade Iii Level-Ii At Gups, Naiyo Ki Basti, Chandasar, P.s. Kolayat, District Bikaner).

¶42

Santosh Chouhan D/o Kishan Halduniya, Aged About 44 Years, Nakhat Banna Mandir Ke Pass, Bajrang Puri Vallabh Garden, Bikaner (Raj.) (Posted As Teacher Grade Iii LevelI At Gps, Nall Chhoti Nai, P.s. Bikaner, District Bikaner).

¶43

Bablu Bairwa S/o Mangeelal Bairwa, Aged About 32 Years, Village Khidarpur Jadoun, Post Doongry, Tehsil Khandar, Dist. Sawai Madhopur (Raj.) (Posted As Teacher Grade Iii Level-I At Gps, Naya Kheda, Dhuvala (Kareda), P.s. Mandal, District Bhilwara).

¶44

Pinki Sharma D/o Harish Chander Sharma W/o Pushkar Purohit, Aged About 29 Years, Brahmano Ka Mohalla, Ward No. 07, Bhagwanpura, District Bhilwara (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Studies At Gups, Kumawato Ka Khera, Bhimdiyas, P.s. Mandal,

(5 of 10)

[CW-511/2019]

District Bhilwara).

Pushpa Devi D/o Lalchand, Aged About 27 Years, Ward No. 8, Near Gogamedi, Khilery Bass, Post Fatehgarh, District Hanumangarh (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, 355 R.d., Dhirera, P.s. Lunkaransar, District Bikaner).

¶49

Tara Kumari Pateer D/o Birbal Ram, Aged About 32 Years, Vpo Dudhwakhara, Tehsil And District Churu (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Amarpura, Bhuwari, P.s. Rajgarh, District Churu).

¶50

Sangeeta Kumari D/o Shiv Chand Singh, Aged About 29 Years, Village Deepalwas, Post Udawas, Tehsil And District Jhunjhunu (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Kaman, P.s. Rajgarh, District Churu).

¶51

Monika Chundawat D/o Devi Singh Chundawat, Aged About 29 Years, House Nol. 51, Near Government Hospital, Sagwara Road, Aspur, District Dungarpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Bijula, P.s. Sabla, District Dungarpur).

¶52

Hajari Lal Meena S/o Jagdish Meena, Aged About 26 Years, Village Ramyawala, Post Neemla, Via Saithal, Tehsil Jamwaramgarh, District Jaipur (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Dhani Ledhan, Mayla, P.s. Rawatsar, District Hanumangarh).

¶53

Rajesh Kumar Meena S/o Ramprasad Meena, Aged About 31 Years, Village Shyampur Moondri, Post Mahu, Tehsil Hindaun City, District Karauli (Raj.) (Posted As Teacher Grade Iii Level-I At Gps, Khudila Ka Pura, P.s. Rajakhera, District Dholpur).

¶54

Surendra Kumar Mahavar S/o Rajkishor Mahavar, Aged About 28 Years, Village And Post Gandrawa, Tehsil Sikrai, District Dausa (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Maru Ka Pura, P.s. Rajakhera, District Dholpur).

¶55

Omprakash Meena S/o Hari Singh Meena, Aged About 40 Years, Village Phakir Pura (Piprani), Post Khoonda, Tehsil Masalpur, District Karauli (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gps, Kashiyapura, P.s. Rajakhera, District Dholpur).

¶56

Sanjay Kumar S/o Balla Ram, Aged About 33 Years, Village And Post Mahadev Gali, Bayana, Tehsil Bayana, District Bharatpur (Raj.). (Posted As Teacher Grade Iii

¶57

(6 of 10)

¶58

[CW-511/2019]

¶59

Level-Ii English At Gups, Bhaisakh, P.s. Dholpur, District Dholpur).

¶60

Mancha Ram S/o Ghewar Ram, Aged About 26 Years, Barbata Kurchi, Tehsil Khinwsar, District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Bameno Sutharo Ki Dhani, Kurchi, P.s. Khinwsar, District Nagaur).

¶61

Ravi Kumar Meena S/o Om Prakash Meena, Aged About 32 Years, Jat No. 15, Gogani Colony, Purani Tank Union, Behind Ramdayal Ki Chakki, Karauli (Raj.). (Posted As Teacher Grade Iii Level-Ii Science At Gups, Champapur, Medas, P.s. Riyan Badi, District Nagaur).

¶62

Sohan Kanwar Naruka D/o Bhanwar Singh Naruka W/o Rajpal Singh, Aged About 36 Years, Village And Post Sewa, Tehsil Didwana, District Nagaur (Raj.) (Posted As Teacher Grade Iii Level-Ii Science Maths At Gups, Lawari Gajsinghpura, P.s. Bhopalgarh, District Jodhpur).

¶63

Jagdish Batesar S/o Poona Ram, Aged About 25 Years, Nimbari Chandawatan, District Nagaur (Raj.) (Posted As Teacher Grade Iii Level-I At Gps, Raykon Ki Dhani, Dheengsara, P.s. Khinwsar, District Nagaur).

¶64

Ramesh Lomrod S/o Hansraj Lomrod, Aged About 26 Years, Chandranagar, Sanjay Colony, 118, Nagaur (Raj.). (Posted As Teacher Grade Iii Level-I At Ggups, Bhagnada Inana, P.s. Mundawa, District Nagaur).

¶65

Ramratan S/o Sitaram, Aged About 27 Years, Sukadi Ka Mangra, Garasani, District Jodhpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gups, Lalariya Nada, Jaswant Nagar (Nagdi), P.s. Khinwsar, District Nagaur).

¶66

Ramchandra S/o Bhanwarlal, Aged About 31 Years, Vpo Kitalsar, Tehsil Degana, District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-Ii At Gups, Suriyas, P.s. Degana, District Nagaur).

¶67

Himta Ram S/o Chima Ram, Aged About 34 Years, Village Joshiyad, Post Kumhari, Tehsil And District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-Ii Hindi At Gups, Nandwani, P.s. Khinwsar, District Nagaur).

¶68

Chetan S/o Jagdish Prasad, Aged About 37 Years, Vyapari Mohalla, Bar, District Pali (Raj.). (Posted As Teacher Grade Iii Level-Ii Social Science At Gups, Beniwalo Ki Dhani, P.s. Khinwsar, District Nagaur).

¶69

(7 of 10)

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[CW-511/2019]

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Mukesh Kumar Meena S/o Ramhet Meena, Aged About 32 Years, Village Shahjanpura, Post Rahuwas, Tehsil Lalsot, District Dausa (Raj.). (Posted As Teacher Grade Iii Level-Ii At Gups, Barbata, Kurchi, P.s. Khinwsar, District Nagaur).

¶72

----Petitioners

¶73

Versus

¶74

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

¶75

The Director, Elementary Education, Rajasthan, Bikaner.

¶76

The Chief Executive Officer, Zila Parishad, Hanumangarh.

¶77

The District Education Officer, Elementary, Hanumangarh.

¶78

The Chief Executive Officer, Zila Parishad, Nagaur.

¶79

The District Education Officer, Elementary, Nagaur.

¶80

The Chief Executive Officer, Zila Parishad, Churu.

¶81

The District Education Officer, Elementary, Churu.

¶82

The Chief Executive Officer, Zila Parishad, Jodhpur.

¶83

The District Education Officer, Elementary, Jodhpur.

¶84

The Chief Executive Officer, Zila Parishad, Jaisalmer.

¶85

The District Education Officer, Elementary, Jaisalmer.

¶86

The Chief Executive Officer, Zila Parishad, Sri Ganganagar.

¶87

The District Education Officer, Elementary, Sri Ganganagar.

¶88

The Chief Executive Officer, Zila Parishad, Alwar.

¶89

The District Education Officer, Elementary, Alwar.

¶90

The Chief Executive Officer, Zila Parishad, Barmer.

¶91

The District Education Officer, Elementary, Barmer.

¶92

The Chief Executive Officer, Zila Parishad, Udaipur.

¶93

The District Education Officer, Elementary, Udaipur.

¶94

The Chief Executive Officer, Zila Parishad, Pali.

¶95

The District Education Officer, Elementary, Pali.

¶96

The Chief Executive Officer, Zila Parishad, Bhilwara.

¶97

The District Education Officer, Elementary, Bhilwara.

¶98

The Chief Executive Officer, Zila Parishad, Bikaner.

¶99

The District Education Officer, Elementary, Bikaner.

¶100

The Chief Executive Officer, Zila Parishad, Dungarpur.

¶101

(8 of 10)

¶102

[CW-511/2019]

¶103

The District Education Officer, Elementary, Dungarpur.

¶104

The Chief Executive Officer, Zila Parishad, Dholpur.

¶105

The District Education Officer, Elementary, Dholpur.

¶106

----Respondents

¶107

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

¶108

HON'BLE MR. JUSTICE ARUN BHANSALI

¶109

Order

¶110

11/01/2019

¶111

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

¶112

under:-

¶113

“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:

¶114

“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.

¶115

(9 of 10)

¶116

[CW-511/2019]

¶117

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.

¶118

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.

¶119

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.”

¶120

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

¶121

(10 of 10)

¶122

[CW-511/2019]

¶123

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).

¶124

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.

¶125

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.

¶126

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.

¶127

(ARUN BHANSALI),J

¶128

204-Rmathur/-

Chhagan Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chhagan Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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