ASHOK KUMAR KUMHAR S/O SHRI SHAMBHU KUMHAR v. THE STATE OF RAJASTHAN
CW/17207/2025 · 2025-11-13
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37344 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37344 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:46065] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17207/2025
1. Ashok Kumar Kumhar S/o Shri Shambhu Kumhar, Aged About 31 Years, Resident Of Village And Post Udgaon, Tehsil Mitrapura, District Sawai Madhopur, At Present Posting Government Upper Primary School Syawata, Peeo Kanwara, Block Deoli, District Tonk, Rajasthan. 2. Ghasee Lal Kumhar S/o Shri Ramphool Kumhar, Aged About 38 Years, Resident Of Kumharon Ka Mohalla Kho- Nagoriyan Jagatpura Road, Tehsil Sanganer, Jaipur, At Present
Posting
Government
Upper
Primary Schoolramthala, Peeo Maleda, Block Deoli, District Tonk, Rajasthan. 3. Mintu Yadav S/o Shri Mohan Lal Yadav, Aged About 30 Years, Resident Of Dhani Kerlaya Ki, Kishorpura, Sikar. At Present Posting Government Upper Primary Schoolbapu Nagar,peeo Lambha Harisingh, Peeoblock Malpura, District Tonk, Rajasthan. 4. Mahesh Kumar Gurjar S/o Shri Sitaram Gurjar, Resident Of Village Kacholiya Ki Dhani, Kerod, Post Jugalpura, Tehsil Niwai, District Tonk, At Present Posting Government Senior Secondary School, Rasulpur, Peeo Jhundwa, Tehsil Uniyara, District Tonk, Rajasthan. 5. Asha Kumari Yadav D/o Shri Gopal Yadav, Resident Of 130, Dhani Footi Wali, Peethalpur, Shrimadhopur, District Sikar, At Present Posting Government Upper Primary School Nirwana, Peeo Takholi,block Tonk, District Tonk, Rajasthan. 6. Poonam Phulwariya D/o Shri Kailash Chand Phulwariya, Aged About 36 Years, Resident Of 112-B, Shree Kalyanpur, Kartarpura, Jaipur. At Present Posting Government Upper Primary Schooljeevali, Peeo Bharthala, Block Niwai, District Tonk, Rajasthan. 7. Shiv Raj Jat S/o Shri Ram Karan Jat, Aged About 37 Years, Resident Of Village And Post Peeplu, Tehsil Peeplu, District Tonk. At Present Posting Government Upper Primary School Thadi, Peeo Khurd, Block Malpura, District Tonk, Rajasthan. 8. Mukesh Kumar Jangid S/o Shri Bajrang Lal Jangid, Aged About 35 Years, Resident Of Village Kotra, Post Borda, Tehsil Mitrapura, District Sawai Madhopur, At Present Posting Government Upper Primary School Kalyanpura, Peeo Dholi, Block Malpura, District Tonk, Rajasthan. 9. Sarita Kumari Kumawat W/o Shri Anil Kumar Kumawat, Aged About 33 Years, Resident Of N Block, Bhagat Singh Colony, Niwai, District Tonk, At Present Posting Government Upper Primary School Rambha, Peeo Dangarthal, Rajasthan. 10. Ram Singh Gurjar S/o Shri Shiv Ji Ram Gurjar, Aged
[2025:RJ-JP:46065] (2 of 4) [CW-17207/2025] About 34 Years, Resident Of Village Nasnota, Post Gadota, Tehsil Mozmabadh, District Jaipur, At Present Posting Government Upper Primary School Badla, Peeo Maleda, Block Deoli, District Tonk, Rajasthan. 11.
Rajesh Vaishanv S/o Shri Sharwan Lal Vaishnav, Resident Of Village And Post Morbhatiyan, Tehsil Todarsingh, District Tonk, At Present Posting Mahatma Gandhi Government School Uniyara Khurd, Peeo Uniyara Khurad, Block Todaraisingh, District Tonk, Rajasthan. ----Petitioners Versus
1. The State Of Rajasthan, Through Principal Secretary, Department Of Finance, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. The Principal Secretary, Department Of Personal, Government Of Rajasthan, Government Secretariat, Rajasthan. 3. The State Of Rajasthan, Through Its Principal Education Secretary, Government Secretariat, Rajasthan, Jaipur, Rajasthan. 4. The Secretary/commissioner, Panchayati Raj Department, Government Secretariat, Rajasthan, Jaipur, Rajasthan. 5. The Director Education (Elementary), Government Of Rajasthan, Bikaner, Rajasthan. 6. The Chief Executive Officer, Zila Parishad, Tonk. ----Respondents For Petitioner(s) : Mr. Rakesh Prajapat For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 13/11/2025
1. Instant writ petition has been filed by the petitioners with following prayers:
“a) By an appropriate writ, order or direction in the nature thereof the impugned action of the respondents while not granting service benefits to petitioners declared illegal, arbitrary and contrary to the
norms
and
guidelines; b) By an appropriate writ, order or direction in the nature thereof the respondents may be directed to extend benefits of, seniority and other
[2025:RJ-JP:46065] (3 of 4) [CW-17207/2025] benefits on notional basis to the petitioners from
the
date
junior (s) to the petitioners have been accorded with reference to the same recruitment process of the year 2018 with all natural and provide all consequential service benefits
thereof; c) By an appropriate writ, order or direction in the nature thereof the respondents may be directed to provide benefit of pay fixation to petitioners; d) Cost of the writ petition may also be awarded in favour of the petitioners. e) Any other order or direction this Hon’ble Court may deem fit and proper be also be passed in favour of petitioners.”
2.
Learned counsel for petitioner while referring order dated 08.07.2024 in S.B. Civil Writ Petition No. 10044/2024 Priya Jain Vs. State of Rajasthan & Ors. submits that the identical issue is already settled in case of Om Prakash & Ors. Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 21214/2017, on the basis of judgment in case of Hemlata Shrimali & Ors. Vs. State of Rajasthan & Ors. S.B. Civil Writ Petition No. 3247/2015 relying upon judgment in case of Suman Bai & Anr. Vs. State of Rajasthan & Ors. Reported as 2009 (1) WLC (Raj) 381. He further submits that instant writ petition be disposed of in accordance with judgments referred by him.
3. Having considered submissions and also material on record, the instant writ petition is disposed of in light of order passed in case of Hemlata Shrimali (supra) and Suman Bai (supra) and noticed in case of Om Prakash (supra) and Priya Jain (supra),
4. The writ petition is disposed of on the basis of submissions made in the writ petition but respondents would be free to examine the veracity of the submissions made in the petition and
[2025:RJ-JP:46065] (4 of 4) [CW-17207/2025] only in case of avernments made therein are found to be correct, with applicability of ratio, the petitioners would be entitled to be relief. The entire exercise be completed within 60 days of receipt of copy of the order.
5. Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J CHETNA BEHRANI /192