[2025:RJ-JP:51636] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19942/2025 Dilip Kumar Rathod S/o Chokhala Rathod, Aged About 34 Years, R/o Village Ghatapada, Post Bassiada, Tehsil Ganoda, District Banswara, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Education Department, Govt. Secretariat, Rajasthan, Jaipur. 2. The Director, Elementary Education, Rajasthan, Bikaner. 3. The Chief Executive Officer, Zila Parishad, Udaipur. 4. The District Education Officer (Hqrs), Elementary Education, Udaipur. 5. Chief Block Education Officer, Panchayat Samiti Falasiya, Udaipur. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “It is therefore, most respectfully prayed that this Hon'ble court may very graciously be pleased to accept and allow this writ petition and further be pleased to: i. I. Issue an appropriate writ order or direction in the nature thereof thereby directs the respondents to [2025:RJ-JP:51636] (2 of 3) [CW-19942/2025] regularize the services of the Petitioner on the post of Teacher Gr. Level-2 English from completion of probation period and also sanction regular pay scale, increments and other benefits as per provision of the Rules; II. Issue an appropriate writ order or direction in the nature thereof thereby the action of the respondents be declared as illegal by which they have not regularized the services of Petitioner on the post of Teacher Grade III Level-2 and further decide the representation of the Petitioner. III.Issue an appropriate writ order or direction in the nature thereof thereby the respondents be directed to pay regular pay scale to the Petitioner where similarly situated persons have been given benefits by this Hon'ble Court in the cases of Nimbark Lal Vaishanva Vs. State Rajasthan [S.B. Civil Writ Petition No. 17541/2015] vide order dated 20.04.2017. iV. Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the Petitioner. V. Cost of the writ petition be also awarded in favour of the Petitioner.” [2025:RJ-JP:51636] (3 of 3) [CW-19942/2025] 2. Learned counsel for petitioner while referring and relying upon judgment dated 20.04.2017 in S.B. Civil Writ Petition No.17541/2015 titled as “Nimbark Lal Vaishnava Vs. State (Panchayati Raj Dept.) & Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition is disposed of in light of “Nimbark Lal Vaishnava (supra), if applicable upon facts of the case. 4. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended. The respondents are at liberty to take a different view after examining the matter, if ratio is not applicable. 5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /107