Dismissed

Mukesh Chand Takhar S/O Shri Nanulal Takhar v. State of Rajasthan

Rajasthan HC24 Sept 2021CW/392/2021

Case brief

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What is this about?

This court disposed of a writ petition regarding the petitioner's claim for appointment seniority and consequential benefits. While distinguishing a precedent on merit order, the court directed the petitioner to submit a representation to the Director for a speaking order on extending benefits similar to those granted to candidates below him in the merit list.

What the court decided

AI extract

Mukesh Chand Takhar S/O Shri Nanulal… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 392/2021

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Mukesh Chand Takhar S/o Shri Nanulal Takhar, Aged About 32 Years, Resident Of Village Mohammadnagar Dhani, Post Bagarwa, Tehsil Peepalu, Distt. Tonk 304801 Presently Posted On The Post Of Teacher Grade Iii, Level-I, Government Primary School, Usmanpura, Panchayat Samiti, Uniyara, Distt. Tonk (Raj)

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Education Department, Government Secretariat, Jaipur

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Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur

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Director, Elementary Education, Rajasthan, Bikaner

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Chief Executive Officer, Zila Parishad Tonk

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District Education Officer (Headquarter), Elementary Education, Tonk

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----Respondents

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For Petitioner(s) : Mr. Laxmi Kant Malpura. For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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24/09/2021

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This writ petition has been filed by petitioner seeking reliefs as indicated in the writ petition.

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It is submitted by learned counsel for the petitioner that the issue raised in the present writ petition is squarely covered by judgment of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan & Ors. : S.B.C.W.P. No. 7283/2014 , decided on 16.07.2014 at Jaipur Bench and the said judgment has been followed in Krishan Lal & Ors. v. The State of Rajasthan & Ors. : S.B.C.W.P. No. 19179/2017 , decided on 30.10.2017 at Jaipur Bench, and therefore, the petitioner is also entitled to the same relief as granted in the case of Manoj Khandelwal (supra) and Krishan Lal (supra).

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(2 of 2)

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[CW-392/2021]

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In view of the submissions made, the writ petition filed by

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the petitioner is disposed of with the similar directions as given in

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the case of Manoj Khandelwal (supra), which read as under:-

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“This Court in Suman Bai and Another Vs. State and Others – 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit.

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It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services.

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The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments.

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Having regard to the facts of the case, writ petition is disposed of requiring the petitioners to make a representation to respondent no.2 – Director, Secondary Education, Bikaner, alongwith a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit, are getting benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits.”

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(ARUN BHANSALI),J

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106-SACHIN KHUSHWAHA /685

Mukesh Chand Takhar S/O Shri Nanulal Takhar v. State of Rajasthan

Case brief

What is this about?

What the court decided

Mukesh Chand Takhar S/O Shri Nanulal Takhar v. State of Rajasthan

Case brief

What is this about?

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