Allowed

Resham Bai Chauhan D/O Babu Lal Chauhan, W/O Late Bahadur v. the State of Rajasthan

Rajasthan HC26 May 2023CW/8556/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a teacher for appointment under the OBC Widow category. The Court directed respondents to overlook an earlier clerical error regarding her husband's designation in her Aadhaar card, confirming her eligibility based on merit and interviews once the error was corrected in subsequent documents.

What did the court decide?

Direct that respondents consider petitioner's cases on merit for appointment as Teacher Grade III; accord notional seniority and increment; complete appointment within one month.

Resham Bai Chauhan D/O Babu Lal Chauhan… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/012158]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 8556/2022

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Resham Bai Chauhan D/o Babu Lal Chauhan, W/o Late Bahadur, Aged About 29 Years, R/o Village Mamchari, Pot Kalyani, Tehsil And District Karauli, Rajasthan.

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----Petitioner

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Versus

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

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The Director, Elementary Education And Panchayati Raj, Rajasthan, Bikaner.

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The District Education Officer (Elementary Education), Karauli, Rajasthan.

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The Chief Executive Officer, Zila Parishad, Karauli.

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----Respondents

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For Petitioner(s) : Mr. Ram Pratap Saini Mr. AamirKhan Mr. Giriraj Rajoriya For Respondent(s) : Mr. C.L. Saini, AAG

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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26/05/2023

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The instant writ petition has been filed by petitioner seeking direction to grant appointment on the post of Teacher Grade III Level I under OBC Widow category pursuant to advertisement dated 01/2021-22 dated 31.12.2021.

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Heard counsel for both parties and perused the material available on record.

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3.1 It has been submitted by counsel for petitioner that the petitioner participated in REET examination 2021 and scored 99 marks, whereas last cut off for OBC widow category is 76 marks.

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3.2 It has been submitted that petitioner was shortlisted on merits and in the list dated 27.02.2022 (Ann-12), District Karauli was allotted to petitioner for the purpose of document verification. Documents of petitioner were verified and she was declared

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eligible as transpires from the document verification status (Ann13).

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3.3 It has been submitted that even after verification of petitioner and despite the fact that petitioner falls in merit in OBC widow category, the appointment to petitioner was not issued only on account of fact that in the Adhaar Card of petitioner (Ann-8), the name of her deceased husband Bahadur was indicated as C/o, instead of W/o.

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3.4 It has been submitted that name of petitioner’s husband is Bahadur who passed away on 15.11.2008 at General Hospital Karauli. The death certificate of petitioner’s husband has been placed on record as Ann-5.

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3.5 It has been submitted that in the Jan Adhaar Card of petitioner, in the bona fide resident certificate of petitioner (Ann-6 & 10), the name of petitioner’s husband is mentioned as Bahadur. In the Adhaar Card of petitioner, the name of petitioner’s husband Bahadur is correctly mentioned and misnomer of C/o instead of W/o has been got corrected in the Adhaar Card as well. The correct copy of Adhaar Card of petitioner issued on 23.05.2022 (Ann-9), showing the petitioner as W/o Bahadur has been placed on record.

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3.6 It has been submitted that in aforestated facts, declining to grant appointment to petitioner by respondents is an arbitrary act and violative to legal as well as constitutional rights of petitioner since petitioner falls in merit and is entitled to get appointment on the post in question.

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(3 of 3)

Learned Additional Advocate General has put in appearance on behalf of respondents and states that the case of petitioner for appointment can be considered on merits.

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Heard. Considered.

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Having adverted to aforestated facts and rival contention of counsel for both parties, this Court finds that it is not in dispute that petitioner falls in merit in the OBC widow category. The error pointed out in the Adhaar Card of petitioner with reference to indication of name of her husband as C/o instead of W/o has also been corrected and the correct copy of Adhaar Card has been placed on record as Ann-9. In other documents of petitioner, name of her husband is indicated as Bahadur. Thus, petitioner deserves to be appointed on the post of Teacher Grade III Level I under OBC widow category.

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As a result, it is hereby directed that respondents shall consider the case of petitioner on merits for appointment on the post of Teacher Grade III Level I under OBC Widow category and after verification of document, if so required, shall accord appointment on the post in question. It is observed that petitioner shall be entitled for all notional benefits i.e. seniority and increment etc. However, the actual monetary benefits shall be provided from the date of appointment.

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Needful be done by respondents within a period of one month from the date of furnishing certified copy of this order.

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Accordingly, the writ petition stands succeed and allowed.

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

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(SUDESH BANSAL),J

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NITIN /47

Resham Bai Chauhan D/O Babu Lal Chauhan, W/O Late Bahadur v. the State of Rajasthan

Case brief

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Resham Bai Chauhan D/O Babu Lal Chauhan, W/O Late Bahadur v. the State of Rajasthan

Case brief

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