Allowed

Mahendra Kumar v. State of Rajasthan

Rajasthan HC8 Sept 2020CW/5216/2019

Case brief

AI extract

What is this about?

The High Court allowed four connected writ petitions concerning educational officers. Relying on Ashok Kumar Sharma v. State of Rajasthan and Dhanraj Meena, the court granted similar relief regarding pay fixation and adherence to relevant service rules by the respondents.

What did the court decide?

Writ petitions allowed; respondents directed to follow provisions of Rules 24 and 26 of RSR.

Mahendra Kumar Vs State of Rajasthan — Service and Employment | Rajasthan HC (2020)

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(1 of 5)

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[CW-5544/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5544/2019

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Sudhir Kumar S/o Sh. Brijlal Verma, Aged About 31 Years, Resident Of Ward No. 12, Village And Post Tibbi, Tehsil Tibbi, District- Hanumangarh, Rajasthan.

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----Petitioner

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Versus

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

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The Director (Elementary Education), Bikaner.

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The Chief District Education Officer (Elementary Education), Jaisalmer.

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The Chief District Education Officer (Elementary Education), Hanumangarh.

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The Chief Block Elementary Education Officer, Panchayat Samiti-Sam, District- Jaisalmer.

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The Chief Block Elementary Education Officer, Panchayat Samiti- Tibbi, District- Hanumangarh.

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The Panchayat Elementary Education Officer (Peeo), Govt. Aadarsh Senior Secondary School, Talwara Jheel, Panchayat Samiti Tibbi, District Hanumangarh.

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The Vikas Adhikari, Panchayat Samiti-Sam, DistrictJaisalmer.

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The Vikas Adhikari, Panchayat Samiti- Tibbi, DistrictHanumangarh.

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Zila Parishad Jaisalmer, Through Its Chief Executive Officer.

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Zila Parishad Hanumangarh, Through Its Chief Executive Officer.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 5216/2019

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Mahendra Kumar S/o Sh. Bholu Ram, Aged About 27 Years, Village Dasuwali, Post Kanwani, Tehsil Rawatsar, District Hanumangarh, Rajasthan.

----Petitioner

(2 of 5)

[CW-5544/2019]

Versus

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

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The Director (Elementary Education), Bikaner.

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

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The Chief District Education Officer (Elementary Education), Hanumangarh.

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The Chief Block Elementary Education Officer, Panchayat Samiti-Barmer, District Barmer.

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The Chief Block Elementary Education Officer, Panchayat Samiti-Tibbi, District Hanumangarh.

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The Panchayat Elementary Education Officer (Peeo), Govt. Senior Secondary School, Dabli Kalan (2903), Panchayat Samiti Tibbi, District Hanumangarh.

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The Vikas Adhikari, Panchayat Samiti, Barmer, District Barmer.

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The Vikas Adhikari, Panchayat Samiti, Tibbi, District Hanumangarh.

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Zila Parishad, Barmer. Through Its Chief Executive Officer. 11. Zila Parishad, Hanumangarh. Through Its Chief Executive Officer.

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----Respondents

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S.B. Civil Writ Petition No. 5531/2019

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Baldev Kumar S/o Sh. Omprakash Gilla, Aged About 32 Years, Village And Post Satjanda (13 S.a.d.), Tehsil Raisinghnagar, District Sriganganagar, Rajasthan.

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----Petitioner

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Versus

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

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The Director (Elementary Education), Bikaner.

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The Chief District Educaton Officer (Elementary Education), Jalore.

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The Chief District Educaton Officer (Elementary Education), Sriganganagar.

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(3 of 5)

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[CW-5544/2019]

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The Chief Block Elementary Education Officer, Panchayat Samiti Raniwara, District Jalore.

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The Chief Block Elementary Education Officer, Panchayat Samiti Raisinghnagar, District Sriganganagar.

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The Panchayat Elementary Education Officer (Peeo), Govt. Aadarsh Senior Secondary School, Bagicha (48 N.p.), Panchayat Samiti Raisinghnagar, District Sriganganagar.

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The Vikas Adhikari, Panchayat Samiti, Raniwara, District Jalore.

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The Vikas Adhikari, Panchayat Samiti, Raisinghnagar, District Sriganganagar.

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Zila Parishad, Jalore. Through Its Chief Executive Officer. 11. Zila Parishad, Sriganganagar. Through Its Chief Executive Officer.

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----Respondents

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S.B. Civil Writ Petition No. 5624/2019

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Roop Kishor S/o Sh. Ratan Lal, Aged About 26 Years, Resident Of Village And Post Ibrahimpur, Tehsil Roopwas, District- Bharatpur, Rajasthan.

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----Petitioner

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Versus

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

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The Director (Elementary Education), Bikaner.

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The Chief District Education Officer (Elementary Education), Jaisalmer.

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

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The Chief Block Elementary Education Officer, Panchayat Samiti- Sankra, District- Jaisalmer.

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The Chief Block Elementary Education Officer, Panchayat Samiti- Sewar, District- Bharatpur.

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The Panchayat Elementary Education Officer (Peeo), Govt. Aadarsh Senior Secondary School, Gusyari, Bharatpur, Panchayat Samiti Sewar, District Bharatpur.

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The Vikash Adhikari, Panchayat Samiti- Sankra, DistrictJaisalmer.

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(4 of 5)

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[CW-5544/2019]

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The Vikash Adhikari, Panchayat Samiti- Sewar, District Bharatpur.

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Zila Parishad Jaisalmer., Through Its Chief Executive Officer.

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Zila Parishad Bharatpur., Through Its Chief Executive Officer.

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----Respondents

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For Petitioner(s) : Mr. CR Choudhary for Mr. KR Saharan For Respondent(s) : Mr. Piyush Bhandari for Mr. Sunil Beniwal, AAG

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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08/09/2020

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The matter comes up on an application (inward no.01/2020) for preponement of the date is allowed.

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With the consent of the learned counsel for both the parties, the matter has been heard finally.

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Learned counsel for the parties submit that the issue raised in the present writ petition is squarely covered by the judgment in the case of Ashok Kumar Sharma v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.15411/2018, decided on 14.03.2019 and therefore, the writ petition may be decided in light of the said judgment in Ashok Kumar Sharma (supra).

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In the case of Ashok Kumar Sharma (supra), this Court, inter-alia, directed as under :-

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“ In view of the above discussion, the writ petitions filed by the petitioners are allowed. The petitioners would be entitled to same relief as granted

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(5 of 5) [CW-5544/2019]

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in the case of Dhanraj Meena (supra) / Virender Singh (supra) as per Circular dated 9.8.2018 (Annex.R/1).Needful may be done by the respondents within a period of two months from today. No order as to costs.”

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In Dhanraj Meena v. The State of Rajasthan & Ors. : S.B. Civil Writ Petition No.12846/2017, decided on 15.01.2018, which was relied on while deciding the case of Ashok Kumar Sharma (supra), it was directed that the respondents while dealing with the case of the petitioner pertaining to his pay fixation etc. would follow the provisions of Rules 24 and 26 of the RSR as per law.

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In view of the above submissions, the writ petitions filed by the petitioners are allowed in light of and with similar directions as given in the case of Ashok Kumar Sharma (supra).

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(DR.PUSHPENDRA SINGH BHATI),J

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30-34-Sudheer/-

Mahendra Kumar v. State of Rajasthan

Case brief

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Mahendra Kumar v. State of Rajasthan

Case brief

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