Allowed

Amar Lal Patel v. State of Rajasthan

Rajasthan HC23 Nov 2023CW/2923/2021

Case brief

AI extract

What is this about?

Petitioners challenged an order regarding their pay scale. The Court found that the relief was already granted via an order dated 28.05.2021. The petition was dismissed as infructuous, but the State was directed to formally revise pay scales and pay arrears within three months.

What did the court decide?

Directed State to revise petitioners' pay scale and pay arrears within three months or by 31.12.2023.

Amar Lal Patel Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:40414]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2923/2021

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Amar Lal Patel S/o Mavalal Patel, Aged About 45 Years, R/o Amarpura, Tehsil Sarara, District Udaipur.

¶5

Nirmala Sharma D/o Bhanwar Lal Sharma, Aged About 43 Years, R/o Udaipur, Tehsil Girwa, District Udaipur.

¶6

Rakesh Kumar S/o Mangi Lal, Aged About 38 Years, R/o Sarara, Tehsil Sarara, District Udaipur.

¶7

Ishawar Singh Ranawat S/o Ram Singh, Aged About 45 Years, R/o Punawali, Tehsil Punawali, District Udaipur.

¶8

Lalita Parmar D/o Mathura Lal, Aged About 43 Years, R/o Udaipur, Tehsil Girwa, District Udaipur.

¶9

Sharda Salavi D/o Mohan Lal, Aged About 40 Years, R/o Bhinder, Tehsil Udaipur, District Udaipur.

¶10

Fateh Mohd. S/o Nyaaj Mohd., Aged About 46 Years, R/o Basni Khurd, Tehsil Mavli, District Udaipur.

¶11

Hitesh Kumar Trivedi S/o Purushottam Trivedi, Aged About 44 Years, R/o Udaipur, Tehsil Girwa, District Udaipur.

¶12

Smt. Hemlata Ranawat D/o Ram Singh, Aged About 43 Years, R/o Sayra, Tehsil Udaipur, District Udaipur.

¶13

Kiran Meena D/o Kishan Lal Meena, Aged About 40 Years, R/o Udaipur, Tehsil Girwa, District Udaipur.

¶14

Subhash Meel S/o Bhagwana Ram, Aged About 39 Years, R/o Madhopura, Tehsil Laxmangarh, District Udaipur.

¶15

Khusbhu Parmar D/o Virednra Prakash Parmar, Aged About 42 Years, R/o Udaipur, Tehsil Girwa, District Udaipur.

¶16

Babu Lal S/o Heera Lal, Aged About 45 Years, R/o Hayla, Tehsil Gogunda, District Udaipur.

¶17

Nirmala Chouhan S/o Kishan Singh, Aged About 47 Years, R/o Badgaon, Tehsil Badgaon, District Udaipur.

¶18

Sumer Dan S/o Sukhdan Ji, Aged About 38 Years, R/o Palidana, Tehsil Gogunda, District Udaipur.

¶19

Khemraj Meghwal S/o Umaram, Aged About 39 Years, R/o Ravmadra, Tehsil Gogunda, District Udaipur.

¶20

Modi Lal Meghwal S/o Ashuram, Aged About 40 Years,

(2 of 7)

[2023:RJ-JD:40414]

[CW-2923/2021]

R/o Aubra Kallan, Tehsil Gogunda, District Udaipur.

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Manoj Kumar Tailor S/o Jagdish Prasad, Aged About 43 Years, R/o Sayra, Tehsil Sayra, District Udaipur.

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Prakash Chandra Meghwal S/o Khemraj Meghwal, Aged About 41 Years, R/o Navaniya, Tehsil Vallabhnagar, District Udaipur.

¶27

Shanti Lal Garasiya S/o Bhagaram, Aged About 48 Years, R/o Pala, Tehsil Palan, District Udaipur.

¶28

Smt. Soniya Verma D/o Kaniram, Aged About 39 Years, R/o Udaipur, Tehsil Girwa, District Udaipur.

¶29

Chitralekha Nandvana D/o Rameshwar Lal, Aged About 38 Years, R/o Udaipur, Tehsil Girwa, District Udaipur.

¶30

Suman Bunkar D/o Chajuram Bunkar, Aged About 42 Years, R/o Nathawala, Tehsil Shahpura (Jaipur), District Udaipur.

¶31

Viram Lal S/o Krishana Ram, Aged About 44 Years, R/o Chitrawas, Tehsil Gogunda, District Udaipur.

¶32

Homalal Meena S/o Vajaji, Aged About 46 Years, R/o Village Nala Fala, Post Gatod, Tehsil Sarara, District Udaipur.

¶33

Gamir Lal Meena S/o Savji Meena, Aged About 41 Years, R/o Sadkadi Upla Fala, Tehsil Sarara, District Udaipur.

¶34

Ajay Kumar Saran S/o Harlal Singh, Aged About 43 Years, R/o Ratanpura, Tehsil Rajgarh, District Udaipur.

¶35

Narbada Meena D/o Sambhu Lal, Aged About 38 Years, R/o Maukat, Tehsil Sarara, District Udaipur.

¶36

Lalu Ram Patel S/o Bhim Ji, Aged About 42 Years, R/o Dingari, Tehsil Sarara, District Udaipur.

¶37

Nirma Meena D/o Keshulal Meena, Aged About 39 Years, R/o V/p Nathara, Tehsil Sarara, District Udaipur.

¶38

Dayal Prakash Gupta S/o Deep Chand, Aged About 49 Years, R/o Village And Post Mandola, Tehsil Baran, District Baran.

¶39

Sambhu Dayal Vaishnav S/o Ramdas, Aged About 37 Years, R/o Baran, District Baran.

¶40

Saroj Choudhary W/o Ajay Singh, Aged About 41 Years, R/o Kishanganj, Tehsil Kishanganj, District Baran.

(3 of 7)

[2023:RJ-JD:40414]

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Minakshi Tyagi W/o Sushil Tyagi, Aged About 50 Years, R/o Vinayak Nagar, Basti Kota Marg, Baran, District Baran.

¶45

Smt. Sunita Parkampa W/o Kushkumar Parkampa, Aged About 49 Years, R/o Post Office Ki Gali Se Jain Gali, Ward No. 11, Kishanganj, District Baran.

¶46

Smt. Urmila Sharma W/o Satya Prakash, Aged About 51 Years, R/o Katawar, Tehsil Atru, District Baran.

¶47

Lalit Kumar S/o Kesha Ram, Aged About 47 Years, R/o Dharma (Bamanpara), Tehsil Ghatol, District Banswara.

¶48

Ashish Kumar S/o Mahipal Jain, Aged About 59 Years, R/o Senawasa, Tehsil Ghatol, District Banswara.

¶49

Chandrika Arya D/o Parthviram Arya, Aged About 41 Years, R/o Bhuwasa, Tehsil Manora, District Banswara.

¶50

Mahendrapal Narwal S/o Ganpat Ram, Aged About 43 Years, R/o V/p Bhagega, Tehsil Neem Ka Thana, District Banswara.

¶51

Prachi Sukla D/o Om Prakash, Aged About 44 Years, R/o Banswara, Tehsil Banswara, District Banswara.

¶52

Harish Chandra Rana S/o Gautam Lal Rana, Aged About 41 Years, R/o Todi Simrol, Tehsil Ghatol, District Banswara.

¶53

Kripa Devi Sen W/o Narendra Kumar Narwal, Aged About 42 Years, R/o Vp Dijara, Tehsil Shahpura, District Jaipur.

¶54

Ramdev S/o Gokul Ram, Aged About 38 Years, R/o Vp Lampolai, Tehsil Riyan Badi, District Nagaur.

¶55

Ram Singh S/o Hanuman Singh, Aged About 48 Years, R/o Morbhuja, Tehsil Nohar, District Hanumangarh.

¶56

Hawa Singh Nain S/o Kishanaram Nain, Aged About 50 Years, R/o Ratusar, Tehsil Nohar, District Hanumangarh.

¶57

Bhagwana Ram Sharma S/o Kedarnarh Sharma, Aged About 50 Years, R/o Mandrapur, Tehsil Nohar, District Hanumangarh.

¶58

Devendra Kumar S/o Radhakrishan, Aged About 48 Years, R/o Bhukarka, Tehsil Nohar, District Hanumangarh.

¶59

Ugarsain S/o Khayaliram, Aged About 51 Years, R/o Sanari, Tehsil Nohar, District Hanumangarh.

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Parthvi Singh S/o Maniram, Aged About 48 Years, R/o

(4 of 7)

[2023:RJ-JD:40414]

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Ward No. 40 Bhadra, Tehsil Bhadra, District Hanumangarh.

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Samesta D/o Ramsawroop, Aged About 45 Years, R/o Khachwana, Tehsil Bhadra, District Hanumangarh.

¶66

Bhagirath S/o Kheta Ram, Aged About 63 Years, R/o Bharwana, Tehsil Bhadra, District Hanumangarh.

¶67

Mahendra Singh S/o Bhadar Ram, Aged About 52 Years, R/o Kanau, Tehsil Bhadra, District Hanumangarh.

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Sunil Kumar Dhaka S/o Sajanram Dhaka, Aged About 47 Years, R/o Sardarpura Bass, Tehsil Bhadra, District Hanumangarh.

¶69

Heeram Lal S/o Dhanna Ram, Aged About 49 Years, R/o Malkhera, Tehsil Bhadra, District Hanumangarh.

¶70

Balwant Singh S/o Neki Ram, Aged About 55 Years, R/o Mothsara, Tehsil Bhadra, District Hanumangarh.

¶71

Mustak Ali S/o Malik Mohd., Aged About 44 Years, R/o Bhadra, Tehsil Bhadra, District Hanumangarh.

¶72

Kanuram Meghwal S/o Girdhari Lal Meghwal, Aged About 54 Years, R/o Bhanisariya, Tehsil Sujangarh, District Churu.

¶73

Yashoda Sivach D/o Malnath, Aged About 50 Years, R/o Sujangarh, Tehsil Sujangarh, District Churu.

¶74

Likhama Ram Meghwal S/o Umaram Meghwal, Aged About 41 Years, R/o Bobasar Bidavtan, Tehsil Sujangarh, District Churu.

¶75

Smt. Rajni Anand D/o Sharwan Kumar Anand, Aged About 45 Years, R/o Ratangarh, Tehsil Ratangarh, District Churu.

¶76

Kishana Ram Meghwal S/o Daluram, Aged About 43 Years, R/o Dungaras, Tehsil Sujangarh, District Churu.

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Smt. Bebi Kumari D/o Liladhar Ji, Aged About 38 Years, R/o Dhabu, Tehsil Churu, District Churu.

¶78

Sambhu Dayal Soni S/o Moolchand Soni, Aged About 50 Years, R/o Khuri, Tehsil Sujangarh, District Churu.

¶79

Bhanwar Lal Meghwal S/o Baluram, Aged About 46 Years, R/o Khaliyan, Tehsil Sujangarh, District Churu.

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Smt. Maya Bhudadra D/o Narayan Prasad, Aged About 41 Years, R/o Ratangarh, Tehsil Ratangarh, District Churu.

(5 of 7)

[2023:RJ-JD:40414]

[CW-2923/2021]

Smt. Lalita Sudha D/o Rameshwar Lal, Aged About 35 Years, R/o Ratangarh, Tehsil Ratangarh, District Churu.

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Kishana Ram S/o Purkha Ram, Aged About 41 Years, R/o Kuthara, Tehsil Bidasar, District Churu.

¶86

Banwari Lal S/o Nikuram, Aged About 42 Years, R/o Diplana, Tehsil Nohar, District Churu.

¶87

Dalveer Singh Rathore S/o Mangej Singh, Aged About 48 Years, R/o Poonras, Tehsil Taranagar, District Churu.

¶88

Neelam Sharma D/o Mangi Lal, Aged About 39 Years, R/o Jaitasar, Tehsil Sardarshahar, District Churu.

¶89

Anita Sharma D/o Shankar Lal, Aged About 39 Years, R/o Seuwa, Tehsil Taranagar, District Churu.

¶90

Sohan Singh S/o Chotu Singh, Aged About 54 Years, R/o Sarangsar, Tehsil Bidasar, District Churu.

¶91

Ashok Kumar Sharma S/o Bheemraj Sharma, Aged About 39 Years, R/o Dudhvakhara, Tehsil Churu, District Churu.

¶92

Birbar Ram Meghwal S/o Nanuram, Aged About 44 Years, R/o Gudawadi, Tehsil Sujangarh, District Churu.

¶93

Ratan Lal S/o Magraj, Aged About 44 Years, R/o Malsisar, Tehsil Sujangarh, District Churu.

¶94

Om Prakash Meghwal S/o Danaram Meghwal, Aged About 42 Years, R/o Jaitasar, Tehsil Sardarshahar, District Churu.

¶95

Smt. Sharda Gudesar D/o Liladhar Gudesar, Aged About 35 Years, R/o Dhandhu, Tehsil Churu, District Churu.

¶96

Manoj Kumar S/o Hemaram, Aged About 50 Years, R/o Baghasara, Tehsil Sujangarh, District Churu.

¶97

Smt. Kavita D/o Sohan Ram, Aged About 35 Years, R/o Gulpura, Tehsil Rajgarh, District Churu.

¶98

Babu Lal Meghwal S/o Girdhari Lal, Aged About 44 Years, R/o Bhanisariya Tej, Tehsil Sujangarh, District Churu.

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----Petitioners

¶100

Versus

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

¶102

The Director, Secondary Education, Bikaner, Rajasthan.

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The Director, Elementary Education, Bikaner, Rajasthan.

(6 of 7)

[2023:RJ-JD:40414]

[CW-2923/2021]

The Joint Director, Elementary Education, Bikaner, Rajasthan.

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The District Education Officer (Elementary Education), Udaipur.

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The District Education Officer (Secondary Education), Udaipur.

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The District Education Officer (Elementary Education), Baran.

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The District Education Officer (Secondary Education), Baran.

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The District Education Officer (Elementary Education), Banswara.

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The District Education Officer (Secondary Education), Banswara.

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The District Education Officer (Elementary Education), Hanumangarh.

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The District Education Officer (Secondary Education), Hanumangarh.

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The District Education Officer (Elementary Education), Churu.

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The District Education Officer (Secondary Education), Churu.

¶118

----Respondents

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For Petitioner(s) : Mr. Jai Naveen For Respondent(s) : Mr. G.S. Chauhan for Mr. K.K. Bissa

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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23/11/2023

¶123

While inviting Court’s attention to the prayer in the writ petition, vis-a-vis, the order dated 28.05.2021 passed by the State Government, learned counsel for the respondents – State submits that the relief claimed in the writ petition has already

[2023:RJ-JD:40414]

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(7 of 7)

been granted to the petitioners, and thus, the writ petition, has been rendered infructuous.

¶128

In view of the submissions noticed above and considering the order dated 28.05.2021, the writ petition is dismissed as having been rendered infructuous.

¶129

Since, it is admitted case of the State that petitioners’ grievance has been redressed, it will be incumbent upon the competent authority to pass an order in terms of the order dated 28.05.2021.

¶130

In view of the fact that the State Government had taken an in-principle decision to redress petitioners’ grievance way back on 28.05.2021, the competent authority of the respondents – State is hereby directed to pass an appropriate order revising petitioners’ pay scale in terms of the order dated 28.05.2021 and determine the salary payable as early as possible preferably within a period of three months from today.

¶131

After re-fixation of petitioners’ pay scale, the respondents shall pay the arrears to the petitioners latest by 31.12.2023.

¶132

All the interlocutory application(s) and the stay application(s) stand disposed of accordingly.

¶133

The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioners would be entitled to the relief.

¶134

(DR.PUSHPENDRA SINGH BHATI), J.

¶135

167-Zeeshan

Amar Lal Patel v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Amar Lal Patel v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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