Allowed

Maina Kanwar v. State of Rajasthan

Rajasthan HC16 Jan 2019CW/725/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition challenging seniority in educational recruitment. Relying on a previous coordinate bench decision, the court decided the matter in favor of the petitioners, directing respondents to treat them as seniors in order of merit.

What did the court decide?

The court directed the respondents to treat the petitioners senior to respondents No. 4 to 8 as per their placement in the merit list.

Maina Kanwar 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 No. 725/2019

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Maina Kanwar D/o Shri Keshar Singh, Aged About 32 Years, R/o 63, Government Hospital Ke Asapas, Ward No. 15, Losal, Tehsil Dantarangarh, District Sikar, Rajasthan.

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Shoba Devi D/o Shri Vithal Chand Swarnkar,, Aged About 44 Years, R/o Near Shitla Mata Mandir, Pipar City, District Jodhpur, Rajasthan.

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Meera Kumari Lamrod D/o Shri Ghasi Lal Lamrod,, Aged About 27 Years, R/o Village Vijaypur, Post Kasoriyan, Tehsil Banera, District Bhilwara, Rajasthan.

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----Petitioners

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Versus

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

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The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

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The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

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The Chief Executive Officer, Zila Parishad, Jodhpur, District Jodhpur, Rajasthan.

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The District Education Officer, Elementary Education, Jodhpur, District Jodhpur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. M.S. Shekhawat for Mr. Kailash Jangid. For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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16/01/2019

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It is submitted by learned counsel for the petitioners that for the same recruitment, similarly situated petitioners had

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(2 of 4)

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[CW-725/2019]

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approached Jaipur Bench of this Court in Om Prakash & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21214/2017 , 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).

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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:-

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“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:

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“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

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(3 of 4)

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[CW-725/2019]

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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. 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.

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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

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(4 of 4)

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[CW-725/2019]

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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.

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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.”

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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.

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Ordered accordingly.”

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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).

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(ARUN BHANSALI),J

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212-PKS/-

Maina Kanwar v. State of Rajasthan

Case brief

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Maina Kanwar v. State of Rajasthan

Case brief

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