Disposed

Shabbir Mohammad S/O Deen Mohammad v. State of Rajasthan

Rajasthan HC4 Nov 2025CW/15937/2025

Case brief

AI extract

What is this about?

Writ petition seeking regularization of services and pensionary benefits for a teacher was disposed of by granting liberty to the petitioner to submit a representation to the authorities, to be decided in light of ratios from orders passed by a Co-ordinate Bench.

What did the court decide?

Liberty granted to submit representation for consideration of regularization and benefits.

Shabbir Mohammad S/O Deen Mohammad Vs… — Pension and Retirement Benefits | Rajasthan HC (2025)

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[2025:RJ-JP:44273]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 15937/2025

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Shabbir Mohammad S/o Deen Mohammad, Aged About 60 Years, Resident Of Village Kakery, Tehsil Bansur, District Alwar, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

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Director, Primary Education (Rajasthan), Bikaner. 3. District Education Officer (Headquarter), Primary Education, Khairtal-Tijara, Rajasthan.

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Block Primary Education Education Officer, Block Tijara, Khairtal-Tijara, Rajasthan.

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Principal, Rajkiya Senior Secondary School, Gwalda, Khairtal-Tijara, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr.	Aditya Khandelwal
For Respondent(s)	: Mr.	Gopal Krishan Sharma
	Mr.	Devansh Sharma, AGC
	Mr.	Prateek Saxena for
	Mr.	Kapil Prakash Mathur,AAG

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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04/11/2025

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Instant writ petition is preferred with following prayer:

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“(i) Quash and set aside any action, order or decision of the respondents, to the extent it denies or refuses regularization to the petitioner;

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(ii) Issue an appropriate writ, order or direction, directing the respondents to regularize the services

[2025:RJ-JP:44273]

[CW-15937/2025]

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of the petitioner forthwith as a Junior Teacher or equivalent regular post in the Primary Education Department, with all consequential benefits. In particular, the petitioner be granted notional continuity of service on regular basis with effect from 01.10.2008, or from such other date as this Hon'ble Court deems just and proper in the facts and circumstances of the case;

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(iii) By an appropriate order, direct the respondents to grant the petitioner all retiral and pensionary benefits, including coverage under the General Provident Fund (GPF) scheme and payment of gratuity, by treating the petitioner's service as regular from the notional date decided above;

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(iv) Issue an appropriate writ, order or direction extending the services of the petitioner by a further period of 5 years till he attains the age of 65 years; (v) Alternatively, direct the respondents to consider the candidature of the petitioner for contractual employment as per the Circulars dated 11.07.2017, 08.02.2018 and 25.10.2021 and thereafter, appoint the petitioner to an appropriate post till he attains the age of 65 years;

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(vi) Award the costs of this petition to the petitioner;”

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Mr. Gopal Krishna Sharma, AGC accepts notice on behalf of respondent Nos. 2 to 4, Mr. Prateek Saxena on behalf of Mr. Kapil Prakash Mathur, AAG accepts notice on behalf of

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[CW-15937/2025]

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respondent No.1 and Mr. Devansh Sharma, AGC accepts notice on behalf of respondent No.5

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Learned counsel for petitioner is directed to serve a copy of petition to learned counsels for respondents.

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Learned counsel for petitioner while referring order dated 01.09.2025 in SB CWP No.16356/2025 titled as Bhagwan Lal Vs. State of Rajasthan and Ors.; order dated 09.09.2025 in S.B. CWP No.17399/2025 titled as Nathu Lal and Ors. Vs. State of Rajasthan and Ors. and order dated 10.09.2025 in S.B. CWP No.15817/2025 titled as Dev Krishan Vs. State of Rajasthan and Ors. passed by a Co-ordinate Bench of this Court at Principal Seat, Jodhpur submits that the instant writ petition be disposed of accordingly.

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Having considered the submissions of learned counsel for the parties, the instant writ petition may be disposed of in light of above referred order passed by a Co-ordinate Bench of this Court at Principal Seat, Jodhpur.

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Considered the grievance raised herein, the petitioner is given liberty to submit a representation to the respondentsAuthority within a period of 30 days raising all grounds and the respondents-Authority are directed to decide the representation in light of ratio laid down in cases referred hereinabove with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After decision, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-

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[2025:RJ-JP:44273]

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mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with a fresh petition.

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With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /23

Shabbir Mohammad S/O Deen Mohammad v. State of Rajasthan

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Shabbir Mohammad S/O Deen Mohammad v. State of Rajasthan

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