The High Court dismissed the petitioner's challenge, holding the issue res-integra based on a recent coordinate bench judgment. The court quashed the impugned order dated 07.01.2023 and allowed the writ petition by following settled case law.
The impugned order dated 07.01.2023 was quashed; the writ petition was allowed; pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2191/2023
Dhanraj Nagda S/o Shri Ramchandra Nagda, Aged About 43 Years, Resident Of Village And Post Soobi, Tehsil Chhoti Sadri, District Pratapgarh, Raj.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Ram Dev Patolia. |
|---|---|
| For Respondent(s) | : Mr. Pankaj Sharma, AAG assisted by |
| Mr. Rishi Soni. | |
| Mr. Hemant Choudhary. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/11/2023
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Rajasthan & Ors. (S.B. Civil Writ Petition No.12100/2020) decided on 04.09.2023, which reads as follows:-
2. Learned counsel for the petitioner submitted that the petitioner has not mislead or misrepresented and benefits which were granted to him by the respondent – State was in accordance with law. It was submitted that the issue involved in the present writ petition has already been set at rest by the co-ordinate Bench of this Court vide its judgment dated 13.08.2019 in the case of Dal Chand Jat vs. The State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 3063/2019.
3. Learned counsel submitted that the only difference in the case of Dal Chand Jat (supra) and the present case is that in the case of Dal Chand Jat (supra) the recruitment was of the year 2012-2013, whereas in petitioner’s case the same pertains to year 2006.
4. Ms. Bhawna Jangid, learned counsel for the respondents submitted that an appeal has been preferred by the State against the judgment in the case of Dal Chand Jat (supra) and the same is pending consideration and therefore, the present writ petition be kept pending.
5. However, learned counsel for the respondents was not in a position to dispute the position of law, as has been settled by this Court in the case of Dal Chand Jat (supra).
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6. Having heard learned counsel for the parties and considering the submissions made at the bar, this Court is of the view that no fruitful purpose would be served by keeping the matter pending, particularly when an interim order has been passed in petitioner’s favour by this Court on 12.11.2020.
7. In the case of Dal Chand Jat (supra), this Court has held thus:
“After hearing counsel for the parties and perusing record of the case, this Court finds that the purport of the case law mentioned above are that the petitioners, who were equally entitled and eligible to be appointed on the post of Teacher Gr.-III where out of advertisement of 2012-2013 at level I and level II for various subjects are to be treated at par with each other. The discrimination on account of joining duties due to various bone of contentions relating to eligibility and qualifications have been nullified by aforesaid judgments, including in the case of Hemlata Shrimali (supra) and since all the candidates who are now found eligible and as per existing case law and the judgments of the Apex Court, they have to be treated at par with each other. There cannot be any doubt regarding expressions made by this Court in the previous litigation that these all the petitioners who stand in merit and who have qualified 2012-2013 recruitment for the post of Teacher Grade-III would be entitled for the notional benefits for the purpose including pay fixation and seniority from the date their equivalent or lesser merit person in that phase of recruitment was given such benefits. This Court also finds that focal averment raised by the respondents that no monetary benefits can be accorded to the petitioners for the period when they were not actually discharging services, is also a consistently answered in the precedent of law laid down by this Court. Thus, taking strength from the same precedent of law as cited by counsel for the parties, these petitions are disposed off with a direction to the respondents that petitioners shall be paid the notional benefits, including benefits of seniority and pay fixation from the stage when the
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appointment of persons at the same or lesser merit were appointed. However, no monetary benefits where the petitioners not having discharged actual services would be payable. Needless to say that any notional fixation or any notional benefits which has resulted into current payment and current position where the petitioners are discharging their services, shall not be recovered and shall be continued to be paid.
In view of the aforesaid, it is directed that no recovery in line with the aforesaid observations be made from the petitioners.”
8. In view of the aforesaid, the writ petition is allowed. 9. The impugned order dated 02.09.2020 and order dated 24.09.2020 (Annexures-11 and 12, respectively) are quashed and set aside qua the petitioner.
10. Stay application also stands disposed of, accordingly.”
(DR. PUSHPENDRA SINGH BHATI), J.
4-/Jitender//-
2 issues framed by the court
Whether the issue in the writ petition is res-integra having been covered by a coordinate bench.
Whether the impugned order requiring recovery of excess benefits should be quashed.
Colour shows how this judgement treated each authority
Navneet Jain Vs. State of Rajasthan & Ors.Referred¶18
Navneet Jain Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.12100/2020)
Dal Chand Jat vs. The State of Rajasthan & Ors.Followed¶24
Dal Chand Jat vs. The State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 3063/2019
Hemlata Shrimali (supra)Referred¶33
Hemlata Shrimali
Dhanraj Nagda
State Of Rajasthan
Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
