Rodi Lal Meena S/O Hakji Meena v. the State of Rajasthan

Rajasthan HC11 Dec 2023CW/27422/2018

Case brief

AI extract

What is this about?

In this civil writ petition, the petitioner sought pay-scale fixation, seniority inclusion, and promotion in the Sanskrit subject. The Court, relying on Champalal Vyas, allowed the petition by directing the respondents to carefully consider the petitioner's representation and pass appropriate orders rather than granting immediate substantive relief in this order.

What did the court decide?

The Court directed the respondents to consider the petitioner's representation in light of the Champalal Vyas judgment and pass an appropriate order.

Rodi Lal Meena S/O Hakji Meena Vs the State of… — Education and Admissions | Rajasthan HC (2023)

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[2023:RJ-JP:38741]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 27422/2018

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Rodi Lal Meena S/o Hakji Meena, Aged About 49 Years, R/o Village Pipali Tapara, Post Narayan Khera, Tehsil And District Pratapgarh, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Education Secretary, Government Secretariat, Jaipur.

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The Director, Elementary Education, Bikaner.

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The Director, Secondary Education, Bikaner.

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The Dy. Director, Secondary Education, Udaipur Division, Udaipur.

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The District Education Officer (Elementary), Pratapgarh.

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The District Education Officer (Secondary), Pratapgarh.

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----Respondents

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For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) :

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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11/12/2023

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The petitioner has filed this petition with the following

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prayer:

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“i) Issue an appropriate writ, order or direction in the nature thereof thereby, the respondents be directed to give pay-scale of Headmaster to the petitioner from the date 09.10.2009 with all other consequential benefits including benefit of pay fixation.

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ii) Issue an appropriate writ, order or direction in the nature thereof thereby, the respondent be directed to include the name and seniority of the petitioner in the provisional and final Divisional Seniority List for subject Sanskrit and consider the petitioner for promotion in the next DPC.

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iii) Issue an appropriate writ, order or direction in the nature thereof thereby, the respondents be directed to promote the petitioner on the higher post as per his seniority.

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iv) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents may kindly be directed give relief to the petitioner as has been granted in the case of Champalal Vyas vs. State & Ors., SBCWP No.6881/2015 decided on 23.07.2018.

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[2023:RJ-JP:38741]

[CW-27422/2018]

v) Issue an appropriate writ, order or direction in the nature thereof thereby, the respondents may kindly be directed to decide the representation sent be the petitioner by speaking order and consider the genuine prayers made by the petitioner therein.

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vi) Issue an appropriate writ order or direction in the nature thereof thereby, respondents may kindly be restrained to give promotions to the persons junior to the petitioner.

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vii) Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner. viii) Cost of the writ petition be also awarded in favour of the petitioner.”

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Learned counsel for the petitioner submits that in case of similarly situated persons, this Court in S.B. Civil Writ Petition No.6881/2015: Champalal Vyas vs. State of Rajasthan & Anr. and other connected matters decided on 23.07.2018 allowed the writ petitions and directed the respondents therein to allow the petitioner the pay-scale of promotional post for the period they worked on ‘Patey Vetan’ basis.

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Taking into consideration the facts of the case and the directions issued by this Court in case of Champalal Vyas (supra) , this Court deems it just and proper to allow the petitioner to make a representation to the respondents in light of the directions issued in case of Champalal Vyas (supra) and the respondents on submitting the representation by the petitioner, shall consider and pass appropriate order.

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In view of above observation, the present writ petition stands disposed of.

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All pending application/s, if any, also stand disposed of.

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(GANESH RAM MEENA),J

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Satyendra/19

Rodi Lal Meena S/O Hakji Meena v. the State of Rajasthan

Case brief

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Rodi Lal Meena S/O Hakji Meena v. the State of Rajasthan

Case brief

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