SUNITA SUTHAR DAUGHTER OF RAJARAM SUTHAR v. STATE OF RAJASTHAN
CW/18992/2025 · 2025-12-08
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42947 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42947 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:49962] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18992/2025 Sunita Suthar Daughter Of Rajaram Suthar, Aged About 42 Years, Resident Of Ward Number 11, Sri Vijay Nagar, Sri Ganganagar (Raj.), Presently Posted As Lecturer (Hindi) At M.g.g.s. Malviya Nagar, Jaipur (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Department Of Education, Government Secretariat, Jaipur - 302205 (Raj.)
2. Director, Secondary Education, Bikaner (Raj.)
3. Joint Director, Secondary Education, Bikaner (Raj.) ----Respondents For Petitioner(s) : Mr. Iliyas Khan For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 08/12/2025
1. Instant writ petition is preferred by petitioner with following prayer:
“It is therefore humbly prayed present writ petition may kindly be accepted and allowed and:- The delay caused in giving appointment/posting
to
the petitioner may kindly be declared as arbitrary unreasonable illegal and the respondents may kindly be
directed to give increment of July 2020 and other admissible benefits i.e. selection scale, promotion etc on notional basis to the petitioner while treating her joining as of
[2025:RJ-JP:49962] (2 of 3) [CW-18992/2025] 28.06.2017 and her pay also be fixed
accordingly
with
all consequential benefits. The respondents may kindly be
directed to give increment of July 2020 and other admissible benefits i.e. selection scale, promotion etc on notional basis to the petitioner from the date candidates (in whose favour order of appointment dated 16.06.2017 was issued) are given these benefits or from the date candidates
lower
in
merit were given the same benefits and her pay may also be fixed accordingly with all consequential benefits. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.”
2.
Learned counsel for petitioner while referring and relying upon judgment dated 03.03.2020 in S.B. Civil Writ Petition No. 1000/2019 titled as “Pawan Kumar Vs. State of Rajasthan & Ors. and order dated 06.01.2021 passed in D.B. Special Appeal Writ No. 678/2020 “The State of Rajasthan Vs. Pawan Kumar” submits that the controversy and the issue raised herein is already settled by this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid orders.
[2025:RJ-JP:49962] (3 of 3) [CW-18992/2025]
3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition may be disposed in light of “Pawan Kumar Vs. State of Rajasthan & Ors.” (supra) and State of Rajasthan Vs. Pawan Kumar (supra).
4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority 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 case of Pawan Kumar Vs. State of Rajasthan & Ors. (supra) and State of Rajasthan Vs. Pawan Kumar (supra), but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in her representation. If the petitioner is still aggrieved, she has a liberty to approach this Court with fresh petition.
5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended.
6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J CHETNA BEHRANI /282