VIMALA D/O KHETPAL SINGH W/O NEMICHAND v. STATE OF RAJASTHAN
CW/4818/2025 · 2025-04-24
Sudesh Bansal
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 13526 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13526 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:17271] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4818/2025 Vimala D/o Khetpal Singh W/o Nemichand, Aged About 50 Years, R/o Goga Medi Mohala, Khoru, District Sikar, Rajasthan-332315 ----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Department Of Secondary Education, Govt. Secretariat, Jaipur (Raj.)
2. Director, Directorate Of Secondary Education, Bikaner, (Raj.)
3. District Education Officer, Secondary Education Department, District Sikar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Harendra Neel For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 24/04/2025
1. Instant civil writ petition under Article 226 of the Constitution of India, has been preferred by the petitioner on 25.03.2025, asking to grant benefit of selection grade to the petitioner w.e.f. 28.01.1997, instead of 01.07.1997.
2. Having heard counsel for petitioner and from perusal of pleadings and documents enclosed therewith, it has emerged that initially petitioner was allowed to join her duties as Teacher Grade III on 28.01.1997 till the end of that current session pursuant to her appointment order dated 08.01.1997. The initial appointment
order dated 08.01.1997, available on record as Annexure-1, evinced that the petitioner was permitted to join (temporarily) till the end of current session as Teacher Grade III.
3. This is an undisputed fact as culled out from the record that thereafter petitioner was relieved vide order dated 31.05.1997 (Ann-3) on completion of that session.
4. It is an admitted case of the petitioner that she joined her duties as Teacher Grade III at Government Girls Secondary School, Losal, District Sikar on 01.07.1997 in pursuance of
[2025:RJ-JP:17271] (2 of 2) [CW-4818/2025] another fresh order of appointment dated 28.06.1997, reference of which finds place in her joining letter dated 01.07.1997 (Annexure-4).
5. It is noteworthy that petitioner has not placed on record the appointment order dated 28.06.1997 pursuant to which she joined her duties on 01.07.1997, and has claimed to grant selection grade, counting her service from 28.01.1997 relying upon the initial appointment order dated 08.01.1997 only, hence, the claim of petitioner, apparently appears to be misplaced and self contradictory to her initial appointment order dated 08.01.1997. At the cost of repetition, it is hereby observed that under the initial appointment order dated 08.01.1997, petitioner was permitted to join her duties temporarily only till the end of current session.
6. In view of above referred factual matrix, no case on merits to claim selection scale w.e.f. 28.01.1997 that too after a lapse of period of about more than 26 years, is make out. Selection Scale w.e.f. 01.7.1997 had admittedly been granted to the petitioner.
7. The resort sought to be taken by the counsel for petitioner to the order dated 07.11.2006 passed in case of Jorawar Singh Vs. State of Rajasthan: S.B. Civil Writ Petition No. 555/2005, which deals with the issue for counting summer vacations in service period, does not render any support to the case of petitioner for grant of selection scale w.e.f. 28.01.1997.
7. Accordingly, the writ petition being devoid of merits is hereby dismissed.
8. Stay application and other pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J NITIN /3