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2025 DAILYLAW 31665 (RAJ)

SHAILENDRA MAURYA S/O SHRI RAMDHAN MAURYA v. STATE OF RAJASTHAN

CW/21249/2018 · 2025-02-04

Anoop Kumar Dhand

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Judgment text

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[2025:RJ-JP:4923] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 21249/2018 Shailendra Maurya S/o Shri Ramdhan Maurya, Aged About 40 Years, R/o Plot No. 10, Vivekanand Marg, Saini Colony-I, Kartarpura, Jaipur-302006 (Raj.). ----Petitioner Versus 1. State of Rajasthan, through Principal Secretary to the Government, Higher Education Department, Secretariat, Jaipur, Rajasthan. 2. University Grants Commissioner, Through Its Secretary, Bahadur Shah Zaffar Marg, New Delhi. 3. The Commissioner, College Education, Rajasthan Shiksha Shankul, JLN Marg, Jaipur, Rajasthan. 4. Principal, Government P.G. College, Thanagaji, District Alwar, Rajasthan. ----Respondents For Petitioner(s) : Ms. Mahima Upadhyay For Respondent(s) : Mr. Aditya Singh, AGC JUSTICE ANOOP KUMAR DHAND Order 04/02/2025 1. Controversy raised in this writ petition has been decided by this Court in a bunch of petitions decided by order dated 29.05.2014, the leading being S.B. Civil Writ Petition No.6031/2014, Dr. Bhanwar Lal Jat vs. State of Rajasthan & Ors. wherein it was held as under: 2. “In view of the above discussions, all the writ petitions succeed and are allowed with following directions:- 1. that the practice of the respondents in obtaining undertaking from the Substitute Lecturers/Teachers [2025:RJ-JP:4923] (2 of 2) [CW-21249/2018] not to claim remuneration for summer vacation is declared illegal and unconstitutional; 2. that the petitioners shall be entitled to remuneration at the minimum of the pay scale, otherwise payable to substantive Lecturers/Teachers, even for the period of summer vacations; 3. that engagement of substitute Lecturers/Teachers shall be made for full duration of the research fellowship awarded to substantive Lecturers/Teachers in whose vacancies they are engaged; 4. that the arrears payable consequent upon implementation of this judgment, shall be reimbursed to State Government after it has made such payment by the UGC; 5. that the respondent State shall pursuant to the order; pay unpaid salary of summer vacations to the petitions within a period of two months from the date a copy of this judgment is produced before them.” 3. Petitioner is set at liberty to approach the Commissioner, College Education, who shall consider and decide his representation in the light of aforesaid judgment of Dr. Bhanwar Lal Jat (supra), within one month from the date of its making by the petitioner. 4. The writ petition is disposed of. All pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Garima/155