Disposed

Purushotam Sharma v. the State of Rajasthan

Rajasthan HC12 Feb 2024CW/1901/2024

Case brief

AI extract

What is this about?

This Court disposed of the writ petition filed by school teachers seeking re-fixation of pay and a decision on their pending representation regarding their eligibility for appointment as physical education teachers in the higher pay bracket.

What did the court decide?

The respondent competent authority be directed to decide the pending representations of the petitioners by passing an appropriate administrative order.

Purushotam Sharma Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:7183]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1901/2024

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Purushotam Sharma S/o Mangi Lal Sharma, Aged About 49 Years, R/o Village Post Lamba Jatan, Tehsil Merta City, District Nagaur, (Raj.)

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Kanhaiya Lal Nadaka S/o Ramji Lal Nadaka, Aged About 39 Years, R/o Village Post Jamwa Ramgarh, District Jaipur, (Raj.).

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Kamlesh Kumar Sharma S/o Ramji Lal Sharma, Aged About 46 Years, R/o Village Bawdi, Khawa Raniji, District Jaipur, (Raj.)

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Ramniwas Meena S/o Haret Lal Meena, Aged About 56 Years, R/o 467- Choudhary Patti Jhareda, District Karauli, (Raj.).

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Ramrup Sharma S/o Gopal Ram Sharma, Aged About 51 Years, R/o Vaidpura Bajna, District Bharatpur, (Raj.).

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Harish Chandra Pande S/o Tulsi Lal Pande, Aged About 54 Years, R/o Intali Kheda, District Udaipur, (Raj.)

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Lalit Kumar Joshi S/o Narmada Shankar Joshi, Aged About 47 Years, R/o Village Post Boheda, Tehsil Badi Sadri, District Chittorgarh, (Raj.)

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Ramzan Mohammed S/o Abdul Khan, Aged About 47 Years, R/o Kumaro Ka Mohalla, Bhadesar, District Chittorgarh, (Raj.)

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Ram Chandar Pushkerna S/o Shobha Lal Pushkerna, Aged About 52 Years, R/o Dungla Road Vagar Ki Gali Village Post Boheda, Tehsil Badi Sadri, District Chittorgarh, (Raj.)

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Mohammed Saleem Qureshi S/o Fazlu Rrahaman Qureshi, Aged About 51 Years, R/o Barkati Mohalla Post Bassi, District Chittorgarh, (Raj.).

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Jeevraj Jat S/o Gulab Chandra, Aged About 50 Years, R/o Fatehpura, District Chittorgarh, (Raj.).

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Jaswant Singh S/o Surajmal, Aged About 50 Years, R/o Village Post Mai, Tehsil Nadbai, District Bharatpur, (Raj.).

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Bhagwan Swaroop S/o Banshi Lal, Aged About 50 Years, R/o Sarda, District Jhalawar, (Raj.).

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Ashok Kumar S/o Manohari Lal, Aged About 58 Years, R/o 47 Badi Amoli, Tehsil Wair, District Bharatpur, (Raj.).

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Shri Ram Nagar S/o Kanwar Lal, Aged About 51 Years, R/ o Ganesh Ji Ka Mohalla, Tehsil Khanpur Panwar, District Jhalawar, (Raj.).

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Narendra Kumar Rathore S/o Mathura Lal Rathore, Aged About 51 Years, R/o Khanpur Panwar, District Jhalawar, (Raj.).

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Deepak Soni S/o Chetan Prakash Soni, Aged About 40 Years, R/o Village Village Post Masuda, District Beawar, (Raj.).

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Anil Kuwer W/o Har Govind Singh, Aged About 38 Years, R/o Village Post Bagiliyawas, Teshil Masuda, District Beawar, (Raj.).

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Vinod Kumar S/o Ram Kishan, Aged About 51 Years, R/o Ward No. 8, 78 Lnp, Ganganagar, District Ganganagar, (Raj.)

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Jitendra Kumar S/o Girdhari Lal Verma, Aged About 46 Years, R/o Vpo Delwan, Tehsil Padampur, District Ganganagar, (Raj.).

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Raj Mal Vyas S/o Ratan Lal Vyas, Aged About 44 Years, R/ o Vpo Navania, Tehsil Vallabhnagar, District Udaipur, (Raj.)

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Mahendra Singh S/o Jabar Singh, Aged About 41 Years, R/o Siyana, Tehsil And District Jalore, (Raj.).

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Leelaram Meghwal S/o Bhagwanji Meghwal, Aged About 41 Years, R/o Ramdev Mandir Meghwas Was, Madiya, District Sirohi, (Raj.).

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Sangeeta Sharma D/o Hemraj Sharma, Aged About 31 Years, R/o Brahmpuri Seenta, District Bhundi, (Raj.)

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Azad Hussain S/o Mohammed Hussain, Aged About 56 Years, R/o Mukam Post Rundera, Tehsil Vallabhnagar, District Udaipur, (Raj.)

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Rakesh Sharma S/o Raghu Nandan Sharma, Aged About 52 Years, R/o Village Post Akhaigarh, Tehsil Nadbai, District Bharatpur, (Raj.)

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Sher Singh S/o Jagan, Aged About 50 Years, R/o Village Cheekhru Post Raroda, Tehsil Bayana, District Bharatpur, (Raj.).

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Om Prakash S/o Ram Swaroop Jogi, Aged About 52 Years, R/o Village Post Hantra, Teshil Nadbai, District Bharatpur, (Raj.)

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----Petitioners

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Versus

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The State Of Rajasthan, Through Its Principal Secretary, Department Of Finance, Government Of Rajasthan.

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The Secretary, Finance (Budget), Department Of Finance, Government Of Rajasthan, Government Secretariat, Jaipur.

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The Principal Secretary, Department Of School Education, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

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The Joint Secretary (Admn.), Department Of Elementary Education, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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The Deputy Secretary, Department Of Elementary Education, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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The Director, Elementary Education, Rajasthan, Bikaner

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(3 of 5) [CW-1901/2024]

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[2024:RJ-JD:7183]

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(Raj.).

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1. The District Education Officer, Headquarters, Elementary Education, Nagaur (Raj.).

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The District Education Officer, Headquarters, Elementary Education, Jaipur (Raj.).

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The District Education Officer, Headquarters, Elementary Education, Karouli (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Bharatpur (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Udaipur (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Chittorgarh (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Beawar (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Ganganagar (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Sirohi (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Jalore (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Bikaner (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Bundi (Raj.)

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The District Education Officer, Headquarters, Elementary Education, Jhalawar (Raj.)

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The State Project Director, School Education Council, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Vikram Singh Bhawla For Respondent(s) : ---

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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12/02/2024

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Grievance of the petitioners herein, arises out of the inaction/non-consideration on the part of the respondents to consider their claim of re-fixation of their monthly pay at the rate

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of Rs.16,900/- as against Rs.10,400/- which is being currently paid, notwithstanding that the Director, Elementary Education, Rajasthan vide a letter dated 23.05.2023 recommended their case favourably to Deputy Secretary(Admn.), Department of Elementary Education, Government of Rajasthan.

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They also rely a judgment rendered by this Court in case of Jassa Ram Choudhary and Ors. Vs. State of Rajasthan and Ors.(S.B. Civil Writ Petition No. 17901/2023) decided on 09.11.2023 pursuant whereto, similarly situated counterparts have been accorded benefit. They claim that despite their passing the requisite qualification of C.P.Ed., D.P.Ed. and B.P.Ed., they are not being considered eligible for appointment as physical education teachers in the Elementary Education Department in the higher pay bracket as aforesaid.

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Learned counsel for the petitioners at the outset submits that qua the aforesaid grievance, the petitioner also submitted representation (Annexure-7) before the competent authority for redressal thereof, which has remained pending till date without being taken up for passing any orders either way, therefore, the competent authority be directed to decided the same by passing appropriate administrative orders expeditiously.

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Request seems to be fair.

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Given the nature of order which is being passed, no prejudice would be caused to the respondents and, therefore, the requirement of issuance of notice is dispensed with as no return is required to be filed by them.

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In the aforesaid premise, the writ petition is disposed of. The respondent competent authority is directed to decide the pending

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representations of the petitioner (Annexure-7) by passing an appropriate administrative order, in accordance with law.

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Needful be done as expeditiously as possible.

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(ARUN MONGA),J

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43-DhananjayS/-

Purushotam Sharma v. the State of Rajasthan

Case brief

What is this about?

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Purushotam Sharma v. the State of Rajasthan

Case brief

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