Partly allowed

Dr. Manoj Kumar Gupta S/O Shri Mohan Lal Gupta v. State of Rajasthan

Rajasthan HC12 May 2023CW/7184/2023

Case brief

AI extract

What is this about?

Petitioners schools lecturers sought seniority correction dating back to 2006-07. The court held the matter is a service dispute under the 1976 Act. The petition was allowed to be withdrawn with liberty to file a joint appeal before the Tribunal.

What did the court decide?

Petition allowed to be withdrawn with liberty to approach the Tribunal by filing a joint appeal.

Dr. Manoj Kumar Gupta S/O Shri Mohan Lal… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/010554]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7184/2023

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Dr. Manoj Kumar Gupta S/o Shri Mohan Lal Gupta, Aged About 49 Years, Resident Of B-48, Model Town, Jagatpura Road, Malviya Nagar, Jaipur

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Sarveshwar Pareek S/o Shri Satyanarayan Pareek, Aged About 43 Years, Resident Of 130, Mitra Niwas Colony, Madanganj, Kishangarh, Ajmer

¶6

Sunil Dutt Sharma S/o Shri Madan Lal Sharma, Aged About 42 Years, Resident Of D-117, Dev Nagar, Murlipura, Jaipur

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Kalpana Sharma D/o Shri Yogendra Kumar Sharma W/o Shri Harish Sharma, Aged About 41 Years, Resident Of 6-Ka, 199200, Shivaji Park, Alwar

¶8

Vikas Kumar Gupta S/o Shri Swaroop Chand Gupta, Aged About 48 Years, Resident Of Agrasen College Ke Samne, Agrasen Vihar, Hindauncity, District Karauli

¶9

Rajendra Singh S/o Shri Prahlad Singh, Aged About 47 Years, Resident Of 222, Keshav Nagar, Bharatpur

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Hariom Sharan Sharma S/o Shri Gopal Lal Sharma, Aged About 46 Years, Resident Of Manak Nagar, Ajmer Road, Kekri, District Ajmer At Present 92, New Krishna Nagar, Ajmer Road, Kekri, District Ajmer

¶11

Shiv Kumar S/o Shri Murari Lal, Aged About 42 Years, Resident Of 1G-21, Rhb Colony, Kunhadi, Kota

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Yudhishthar Singh S/o Shri Ramesh Singh Jat, Aged About 42 Years, Resident Of Plot No. 30, Jagannathpuri Colony Kumher Gate Sabji Mandi Ke Piche, Bharatpur

¶13

Kavita Nathawat D/o Shri Sardar Singh Nathawat W/o Shri Ashok Singh, Aged About 41 Years, Resident Of 11-A, Arjunpuri-I, Imli Phatak, Jaipur

¶14

Sohan Singh S/o Shri Shivnath Singh Rajapurohit, Aged About 53 Years, Resident Of Village Vingrala, Post Kishanpura, Via. Nadol, Tehsil Rani, District Pali

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Shanti Lal Dave S/o Shri Champa Lal Dave, Aged About 49 Years, Resident Of 23, New Adarsh Nagar, Bye Pass Road, Jalore

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Meena Sharma D/o Shri Satya Narayan Sharma W/o Shri Ashok Kumar Sharma, Aged About 46 Years, Resident Of

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Ukam Post Umada Via Khachariyawas, District Sikar At Present Ashoka Tower, Bank Of India Ke Samne, Kishangarh Renwal, Jaipur

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Uma Hada D/o Shri Govind Singh Hada, Aged About 46 Years, Resident Of V/p Junia, Via Duni, District Tonk At Present 80, Naram Seth Nagar, Kalpna Mariage Garden Ke Pass, Deoli Road, Tonk

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Arjun Lal S/o Shri Gheesaram, Aged About 42 Years, Resident Of V/p Jojawar Thsil Marwar Junction District Pali At Present Village Sisarwada, Via Sojat Road, Tehsil Sojat District Pali

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Vishnu Trivedi S/o Shri Kailash Chandra Sharma, Aged About 39 Years, Resident Of Vpo Hingotiya, Tehsil Lawan, District Dausa

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Paras Kumar Kothari S/o Shri Khyali Lal Kothari, Aged About 52 Years, Resident Of 16, Balaji Nagar, Hiranmagri, Sector-4, Udaipur

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Manoj Kumar Sharma S/o Shri Prahalad Sahaya, Aged About 43 Years, Resident Of Mukam Post Doongri Khurd, Via. Renwal District Jaipur

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Lalit Kumar Dak S/o Shri Bhanwar Lal Dak, Aged About 42 Years, Resident Of Neemach Road, Bus Stand, Kanore, District Udaipur

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Mahender Kumar Sharma S/o Shri Ramswaroop Sharma, Aged About 41 Years, Resident Of 115, Ghati Road, Bargad Ke Ped Ke Pass, Malpura, District Tonk

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Nand Lal Joshi S/o Shri Keshavji, Aged About 50 Years, Resident Of Village Sagtada, Post Sagtada, Tehsil Sarada, District Udaipur

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Kishan Lal Menaria S/o Shri Laxmi Lal, Aged About 49 Years, Resident Of House No. 14, Near Hr. Sec. School, Village Panerio Ki Madri, District Udaipur

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Mukesh Bhagwanji Trivedi S/o Shri Bhagwan Trivedi, Aged About 46 Years, Resident Of 94-95, Gokul Village, N.h. 8, Bholeshwar Mahadev Mandir Ke Samne, Sector-9, Tehsil Girva, Post Titardi, Udaipur

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Prahlad Singh S/o Shri Roop Singh Rajpurohit, Aged About 44 Years, Resident Of Suthla, Chopasani Road, Jodhpur

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Meena Gupta D/o Shri Ramesh Chandra Gupta W/o Shri Akhilesh Kumar Gupta, Aged About 44 Years, Resident Of C-

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115, Karamchari Colony, Ashok Vihar, Jagdamba Super Market Ke Piche, Alwar

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Indu Choudhary D/o Shri Harkha Ram Choudhary W/o Shri Dev Raj Choudhary, Aged About 44 Years, Resident Of Choudhary Transport Company, Uttarlai Road, Baldev Nagar, Barmer

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Reeta Gupta D/o Late Shri Laxmi Narayan Gupta W/o Shri Santosh Kumar Singhal, Aged About 41 Years, Resident Of Dr. Santosh Kumar Singhal, Singhal Bhawan, Nahar Road, Gangapurcity District Sawai Madhopur

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Rajshree Pandey D/o Shri Kailash Chandra Pandey W/o Shri Rakesh Sukhwal, Aged About 45 Years, Resident Of 8, Ram Nagar, Sindhi Colony, Dharamshala, Post Shahpura, District Bhilwara

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Vikram Singh Charan S/o Shri Badridan Charan, Aged About 44 Years, Resident Of C/o Ambika Emporium Sadar Bazar, Jaswantpura, Jalore

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Gajendra Kumar Dewasi S/o Shri Ratana Ramdewasi, Aged About 43 Years, Resident Of Vpo Karwada, Tehsil / Via Raniwada, District Jalore

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Smt. Ramniri Beniwal D/o Shri Karan Singh Beniwal W/o Late Shri Hemendra Kumar Indolia, Aged About 44 Years, Resident Of Ramniri Beniwal C/o Vivek Jain, Aarav Book Depo, Near Telephone Exchange Chauraha, Hindaun City, Karauli

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Babita Jangir D/o Late Shri Vishwanath Jangir W/o Shri Radheshyam Jangir, Aged About 50 Years, Resident Of 29, Mahatma Gandhi Nagar, Dcm Ajmer Road, Jaipur

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Ratan Lal S/o Sri Rameshwar Lal, Aged About 40 Years, Resident Of Village Post Shyam Nagar, Maonda, Railway Station, Tehsil Neem Ka Thana, Sikar

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Pappu Kumar Verma S/o Shri Gokul Lal Verma, Aged About 48 Years, Resident Of V/p Rajmahal, Tehsil Deoil, District Tonk

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Rita Dhobi D/o Shri Durga Lal Dhobi, Aged About 52 Years, Resident Of Nursing Drycleaner, Trimurti Chauraha, Shahpura, Bhilwara

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Sanghmitra D/o Shri Bheem Chand W/o Shri Hajari Ram Balwan, Aged About 41 Years, Resident Of Ge-12, Near Community Hall, Mahaveer Nagar, Barmer

----Petitioners

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Versus

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

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The Director, Secondary Education, Bikaner, Rajasthan

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Sanjay Kumar, Principal, Govt. Sr. Sec. School, Chaikora, Roopbas, Bharatpur Resident Of Village Nandoli, Jatav Basti, Bayana, Bharatpur ,321410

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Rajeev Sharma, Principal, Govt. Sr. Sec. School, Rajkot, Deoli, Tonk Resident Of Ward No. 15, Akashdeep Vivekanand Colony, Deoli,304804

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Smt. Seema Singh, Principal, Govt. Sr. Sec. School, Rindaliya, Rampura, Toaraisingh, Tonk Resident Of Jama Masjid, Near Gandhi Park, Malpura, Tonk ,304502

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Karmveer Singh, Principal, Govt. Sr. Sec. School, Saman Kumher, Bharatpur, Resident Of Naam, Nadbai, Bharatpur,321602

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Kanhaiya Lal Sharma, Principal, Mahatma Gandhi Sr. Sec. School, Kuraj, Railmagra, Rajsamand Resident Of 2/118, Neb Daudpur Housing Board, Alwar

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Leela Ram, Principal, Govt. Sr. Sec. School, Mubarikpur, Ramgarh, Alwar Resident Of V. Dodhda, Post Bahadurpur, Kishangarh Baas, Alwar,301025

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Kamlesh Kumar Sharma, Principal, Govt. Sr. Sec. School, Haripura, Dausa Resident Of Village Malagbas, Post Khuri Kala, Tehsil Dausa ,312023

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Swaroop Singh Udawat, Acbeo-Ii, Sojat Pali

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Vedprakash Sharma, Acbeo-Ii, Sikrai,j-21,janta Coloney,behind P.g.college, Dausa,303303

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Kiran, Principal, Govt. Sr. Sec. School, Savadi, Umrain, Alwar

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Dr. Sudha Tanwar, Principal, Govt. Sr. Sec. School, Kashipura, Piplu, Tonk Resident Of Chaumukha Mandir Ke Pass, Ward No. 2, Diggi, Malpura, Tonk

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Gopal Prasad Sharma, Principal, Kishanlal Joshi Govt. Sr. Sec. School, Deeg, Bharatpur

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Anita Meena, Principal, Govt. Sr. Sec. School, Bhado Ki Kotari, Hurda, Bhilwara

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Ravi Kumar Meena, Principal, Govt. Sr. Sec. School, Poiiyara, Deoli, Tonk

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Rajendra Kumar Shastri, Principal, Gsss, Arniya Kedar, Tonk

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Om Prakash Khatik, Acbeo, Jahajpur, Bhilwara

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Arvind Parihar, Principal, Govt. Sr. Sec. School, Harmada, Kishangarh, Ajmer

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Rajesh Choudhary, Principal, Govt. Sr. Sec. School, Karwad, Kotkasim, Alwar

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Surendra Choudhary, Principal, Govt. Sr. Sec. School, Mahrampur, Kishangarh, Alwar

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Aparna Dubey, Principal, Govt. Sr. Sec. School, Sainthali Ka Bass, Ramgarh, Alwar Resident Of Karmachari Colony, Alwar

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----Respondents

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For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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12/05/2023

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Learned counsel for petitioners states that all petitioners have a common grievance that though they were appointed on the post of School Lecturer on 21.07.2007 and they are entitled for seniority from the year 2006-07, however respondents have given the seniority to petitioners from the year 2007-08, whereas seniority to the other employees belong to the same batch of petitioners, have been given from the year 2006-07.

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Learned counsel for petitioners states that the action of respondents in not according the seniority to petitioners from the year 2006-07 is arbitrary and discriminatory as petitioners are entitled to seniority notionally, with the seniority alongwith candidates of same batch.

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After arguing the writ petition, learned counsel for the petitioners admits that the issue of claiming seniority by

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petitioners falls within the definition of service matters under Section 2 (f) of Rajasthan Civil Services (Service Matters Appellate Tribunals) Act 1976 (hereinafter referred to “the act of 1976”) and alternative remedy to petitioners is available before the Tribunal.

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Learned counsel for petitioners submits that in case, this Court relegates petitioners to approach before the Tribunal but since the grievance of petitioners is identical and similar, therefore, they may be allowed to file a joint appeal and the Tribunal may be directed to consider the joint appeal on merits.

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In case of Manoj Kumar Dhaka Vs. State of Rajasthan, S.B. Civil Writ Petition No.6565/2021 decided on 30.6.2021, the Coordinate Bench of this Court in respect of the issue for filing a joint appeal before the Tribunal has opined observations and findings in following terms:

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“As regards filing of the joint appeal, I am in an agreement with the learned counsel for the petitioner that in the cases where several employees are aggrieved of the common order passed by the respondents relating to the service matter, the facts of everyone being similar, it would always be in the interest of dispensation of justice that the joint appeal may be allowed by the Tribunal more so as the deficit court fee is not required to be filed before the Tribunal. It would always reduce the total working of the Tribunal as well as to save time and paper.”

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The dictum of the High Court in case of Manoj Kumar Dhaka (supra) , has again been followed in S.B. Civil Writ Petition No.9288/2013, Kailash Chand Gupta & Anr. Vs. State Government of Rajasthan & Ors. decided on 8.7.2021.

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In view of above, the instant writ petition is allowed to be withdrawn with liberty to the petitioners to approach before the Tribunal by way of filing a joint appeal for ventilating their grievance. Needless to observe that on filing of joint appeal, the Tribunal shall consider the appeal on merits in accordance with law.

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The writ petition is dismissed as withdrawn with aforesaid liberty and observations.

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Stay application and any other pending application, if any, stand disposed of.

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(SUDESH BANSAL),J

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TN/11

Dr. Manoj Kumar Gupta S/O Shri Mohan Lal Gupta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Manoj Kumar Gupta S/O Shri Mohan Lal Gupta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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