Allowed

Dalip Kumar Agarwal S/O Shri Shiv Charan Agarwal v. State of Rajasthan

Rajasthan HC11 Jan 2024CW/920/2023

Case brief

AI extract

What is this about?

High Court Bench at Jaipur disposed multiple connected writ petitions filed by retired or serving teachers seeking service benefits. Court held issues covered by precedent Jorawar Singh order and directed respondents to grant service benefits and consequential benefits based on initial appointment dates.

What did the court decide?

Direct respondents to allow service benefits and grant consequential benefits including selection scale considering date of initial appointment.

Dalip Kumar Agarwal S/O Shri Shiv Charan… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:1975]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 474/2023

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Hoshiyar Singh S/o Shri Ramji Lal Yadav, Aged About 49 Years, Presently Residing At Ward No. 19, Patel Nagar, Chandra Sinema Ke Pass, Behror, Alwar, Rajasthan-301701. (Presently Posted On The Post Of Senior Teacher( Varishth Adhyapak) At Government Senior Secondary School, Thikariya, Pawta, District Jaipur.)

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----Petitioner

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Versus

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

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The District Education Officer, Elementary Education, Jaipur.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 508/2023

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Shailendra S/o Shri Sube Singh, Aged About 49 Years, Presently Residing At Kaliyahoda, Kaliya Hoda, Alwar, Rajasthan - 301709. (Presently Posted On The Post Of Senior Teacher

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----Petitioner

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Versus

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

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The District Education Officer, Primary Education, Alwar.

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----Respondents

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S.B. Civil Writ Petition No. 509/2023

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Mahesh Kumar Sharma S/o Shri Rohitakh Sharma, Aged About 52 Years, Presently Residing At Machal, Manchal, Alwar, Rajasthan - 301701.

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----Petitioner

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Versus

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

[2024:RJ-JP:1975]

[CW-474/2023]

(2 of 5)

The District Education Officer, Primary Education, Alwar.

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----Respondents

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S.B. Civil Writ Petition No. 510/2023

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Vijay Yadav W/o Shri Jasveer Singh Yadav, Aged About 48 Years, Presently Residing At Majri Kalan, Alwar, Majari Rajasthan - 301703.

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----Petitioner

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Versus

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

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The District Education Officer, Primary Education, Alwar.

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----Respondents

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S.B. Civil Writ Petition No. 548/2023

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Shashikant Arya S/o Shri Bhag Chand, Aged About 48 Years, Presently Residing At Jakhrana Kalan, Alwar, Rajasthan- 301713. (Presently Posted On The Post Of Senior Teacher (Varishta Adhyapak) At Government Senior Secondary School, Jatgowd, Behror, District Alwar.

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----Petitioner

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Versus

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

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The District Education Officer, Primary Education, Alwar.

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----Respondents

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S.B. Civil Writ Petition No. 586/2023

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Monika Yadav W/o Shri Vijender Singh, Aged About 46 Years, Presently Residing At House No. 613, Rewari Sector 3 Part 1, Rewari, Haryana - 123401.

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----Petitioner

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Versus

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

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The District Education Officer, Primary Education, Alwar.

[2024:RJ-JP:1975]

[CW-474/2023]

(3 of 5)

----Respondents

S.B. Civil Writ Petition No. 920/2023

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Dalip Kumar Agarwal S/o Shri Shiv Charan Agarwal, Aged About 52 Years, Presently Residing At Nagal Khodiya, Alwar, Rajasthan301701.

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----Petitioner

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Versus

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

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The District Education Officer, Primary Education, Alwar.

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----Respondents

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S.B. Civil Writ Petition No. 12180/2023

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Ramvilas Yadav, S/o Shri Shivtas Singh, Aged About 50 Years, R/o Village Nihalpura, Tehsil Neemrana, District Alwar, Rajasthan-301703

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----Petitioner

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Versus

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

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District Education Officer, Elementary Education, Alwar Ph No.- 144-2347851

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----Respondents

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S.B. Civil Writ Petition No. 17728/2023

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Arjun Ram Son Of Girdhari Ram Bidasar, Permanent Resident Of Ratau, District Nagaur, Rajasthan 341317 Presently Resident Of 3/506, Royal Greens, Sirsi Road, Jaipur-302012.

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Harchanda Ram Saran S/o Sohanram, Aged About 51 Years, Resident Of Khokkhari, Nimbijodhan, Nagaur (Raj.)

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Chimnaram S/o Shrirama, Aged About 49 Years, Resident Of Seenwa Nagaur, District Nagaur (Raj.)

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Chunilal S/o Shri Durgaram, Resident Of Titri Khamiyad, Ladnu, District Nagaur (Raj.)

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Nanuram S/o Bhiyaram, Aged About 49 Years, Resident Of Ratau, District Nagaur (Raj.)

[2024:RJ-JP:1975]

[CW-474/2023]

----Petitioners

(4 of 5)

Versus

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

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The District Education Officer, Elementary Education, 6P59 49, Near Hawai Patti, Bikaner Road, Nagaur (Raj). 341001.

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----Respondents

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For Petitioner(s) : Ms. Mahi Yadav For Respondent(s) : Mr. C.L. Saini, AAG with Ms. Srijana Shrestha

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HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order

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11/01/2024

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Mr.C.L. Saini, AAG puts in appearance on behalf of all the respondents. Hence, service upon all the respondents is complete. 2. Counsel for the petitioners submits that the issue raised in the present writ petitions is squarely covered by the order passed by the Co-ordinate Bench of this Court in case of Jorawar Singh

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Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.555/2005) , decided on 07.11.2006.

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Counsel for the respondent-State admits that yes, the issue raised in the present writ petitions is squarely covered by the order passed in case of Jorawar Singh (supra) and these petitions may also be disposed in same terms and directions as given in case of Jorawar Singh (supra) .

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Accordingly, the present writ petitions are disposed off with the directions to the respondents to allow the service benefits to

[2024:RJ-JP:1975]

[CW-474/2023]

(5 of 5)

the petitioners by considering their date of initial appointment in the Government service and the petitioners would be entitled for consequential benefits, including the selection scale etc.

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Since the main petitions have been disposed of, all pending application/s, if any, also stand disposed.

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Registry is directed to place a copy of this order in each connected files.

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(GANESH RAM MEENA),J

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ARTI SHARMA /258-266

Dalip Kumar Agarwal S/O Shri Shiv Charan Agarwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dalip Kumar Agarwal S/O Shri Shiv Charan Agarwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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