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2025 DAILYLAW 43098 (RAJ)

GYANA KUMARI D/O SHRI MOTI RAM v. THE STATE OF RAJASTHAN

CW/20072/2025 · 2025-12-18

Ashok Kumar Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:51481] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20072/2025 1. Gyana Kumari D/o Shri Moti Ram, Aged About 48 Years, R/o Katrathal, District Sikar. Presently Posted As Teacher, Government Senior Secondary School, Purohit Ka Bass, District Sikar. 2. Om Prakash S/o Budh Ram, Aged About 60 Years, R/o Ward No. 9 Hanumangarh Junction ,district Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, Dulmana, Block- Pillbangan, District Hanumangarh. 3. Pushpa Dhayal D/o Sunder Lal Dhayal, Aged About 50 Years, R/o Vijaynagar, Badhala Ki Dhani, District Sikar. Presently Posted As Physical Teacher, Government Senior Secondary School, Tulsirampura, Palsana. 4. Vinod Kumari D/o Arjun Sigh, Aged About 48 Years, R/o Gram Post Kolida, District Sikar. Presently Posted As Senior Teacher, Government Senior Secondary School, Singhasan , Piprali. 5. Amar Singh S/o Suraj Singh, Aged About 58 Years, R/o Charan, Was Badka Post , Danta Teshil Dantaramgarh, District Sikar. Presently Posted As Vice Principal, Government Senior Secondary School, Bilniyasar, Nokha District Bikaner. 6. Smt. Sumitra Choudhary D/o Shri Mohan Singh, Aged About 54 Years, R/o Royal Dharm Kata Ke Pass, Piprali Road District Sikar. Presently Posted As Teacher Grade-Iii, P.m. Shri Saviri Government Girls Senior Secondary School, Laxmangarh, District Sikar. 7. Manoj Kumar S/o Birdhichand, Aged About 53 Years, R/o Ghati Road, Raghunathgarh, District Sikar. Presently Posted As Senior Teacher, Government Senior Secondary School, Purohito Ka Bass District Sikar. 8. Smt. Bhagwati D/o Pokhar Singh, Aged About 50 Years, R/o V Hamirpura, Tehsil Laxmangarh District Sikar. Presently Posted At, Government Senior Secondary School, Hamirpura. 9. Roop Ram S/o Ladhu Ram, Aged About 55 Years, R/o 15 Royal Green City District Hanumangarh. Presently Posted [2025:RJ-JP:51481] (2 of 10) [CW-20072/2025] As Teacher, P.m. Shri Government Senior Secondary School, Sangaria District Hanumangarh. 10. Vijay Singh Yadav S/o Shri Ramanand, Aged About 57 Years, R/o Vpo Bhojasar, Tehsil Bhadra District Hanumangarh. Presently Posted As Teacher, Government Senior Secondary School, Rajpura. 11. Jagdish S/o Shri Hanuman Regar, Aged About 50 Years, R/o Vpo Bhirani, Tehsil Bharda, District Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, Rajpura, Bhadra District Hanumangarh. 12. Ashok Kumar S/o Shri Babu Ram, Aged About 53 Years, R/o Ward No. 17, Shitla Mata Ka Mandir, Bhadra District Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, Rajpura, Bhadra. 13. Bhagirath S/o Shri Jug Lal, Aged About 55 Years, R/o Village Mothsaran, Tehsil Bhadra, District Hanumangarh. Presently Posted As Teacher, Government Senior Secondary School, Pacharwali Tehsil Bhadra, District Hanumangarh. 14. Sharwan Kumar Verma S/o Kheta Ran Verma, Aged About 47 Years, R/o Mandha Madni, Palsana, District Sikar. Presently Posted As Senior Teacher, Government Senior Secondary School, Manganura, District Sikar. 15. Girdhari Lal S/o Harchand, Aged About 59 Years, R/o Vpo Kikerwali Tehsil Raisinghnagar, District Sriganganagar. Presently Posted As Teacher Grade-Iii, Government Upper Primary School, 58 Rb. 16. Amarjeet Kumar S/o Ram Kishan, Aged About 63 Years, R/o 49 C Block, Raisinghnagar, District Sriganganagar. 17. Kalu Singh S/o Chander Singh, Aged About 51 Years, R/o Village Govindpura, District Jhalawar. Presently Posted As Lecturer, Government Upper Primary School, Gangandhar, District Jhalawar. 18. Bhoop Ram S/o Mani Ram, Aged About 60 Years, R/o Village Chak 3 Np , P.o. Muklawa Raisinghnagar, District Sriganganagar. 19. Sharda D/o Deep Chand, Aged About 54 Years, R/o 11/41 New Housing Board Colony, Shivsinghpura, District Sikar, [2025:RJ-JP:51481] (3 of 10) [CW-20072/2025] Presently Posted As Principal, Government Senior Secondary School, Shobk, District Sikar. 20. Mangi Lal Bawari S/o Gula Ram, Aged About 48 Years, R/o Village Nimbi Jodhan Tehsil Ladnun, District Didwana Kuchaman. Presently Posted As Teacher Level-I, Shaheed Kishore Singh Government Senior Secondary School, Hudas. 21. Girdhari Lal Mangal S/o Ramawatar Mangal, Aged About 51 Years, R/o 72/2 Sector .7, Pratap Nagar, Sanganer District Jaipur. Presently Posted At Shaheed Amit Bhardawa Government Senior Secondary School, Manak Chowk, District Jaipur. 22. Prabhu Dayal Sevada S/o Nanda Ram Sevada, Aged About 57 Years, R/o V.p. Mundoti Tehsil Kishangarh Kenwal, District Jaipur. Presently Posted As Senior Teacher, Government Senior Secondary School, Ala Ka Bas District Jaipur. 23. Dhanna Ram Ghasal S/o Khinya Ram Ghasal, Aged About 56 Years, R/o Village Hatheli, P.o. Rabriyad Via Parbatsar, District Deedwana Kuchaman. Presently Posted At Government Secondary School, Badoo. 24. Teja Ram Pachar S/o Pema Ram Pachar, Aged About 52 Years, R/o V7P Jalsu Nanak Via Ren District Nagaur. Presently Posted At Government Senior Secondary School, Badu, District Didwana Kuchaman. 25. Indira Shaky D/o Mool Chand Verma, Aged About 50 Years, R/o H.n. 12 B- Sec-4 Near Masjid, Kesavpura, District Kota. Presently Posted As Teacher Level-I , Government Primary School, Hari Om Nagar District Kota. 26. Anand Kumar Jaiswal S/o Nand Kishore Jaiswal, Aged About 51 Years, R/o B-274 Subhash Nagar District Bhilwara. Presently Posted As Principal, Government Girls Senior Secondary School, Peethas. 27. Sharmila Nehra D/o Amar Singh, Aged About 59 Years, R/o Village Post Peepli Tehsil Pilani, District Jhunjhunu. Presently Posted As Senior Teacher, Government Senior Secondary School, Kherla Block Pilani District Jhunjhunu. 28. Ramesh Sharma S/o Jagdish Prasad Sharma, Aged About 56 Years, R/o Bohra Ka Bass, Ward 25 Parbatsar District [2025:RJ-JP:51481] (4 of 10) [CW-20072/2025] Deedwana Kuchaman. Presently Posted As Senior Teacher, Government Girls Upper Primary School, Rohindi. 29. Roopendra Kumar Yogi S/o Shri Hari Mohan Yogi, Aged About 59 Years, R/o Vpo Kaladera District Jaipur. Presently Posted As P.e.t. Grade -Iii, Government Upper Primary School, Gori Ka Bass, Govindgarh. 30. Smt. Rajani Badjatiya D/o Late Shri Satyendra Gupta, Aged About 51 Years, R/o 223-A Tal Wandi, District Kota. Presently Posted As Principal, Government Senior Secondary School, Balakund Kota. 31. Gordhan Lal Meena S/o Shri Ratan Singh Meena, Aged About 47 Years, R/o Vilage Shyampura Mundari Post Mahoo Tehsil Hindun City Karauli . Presently Posted As Principal, Government Senior Secondary School, Aniroli Kalan, Degana, Nagaur. 32. Satyanarain S/o Rameshwar Lal, Aged About 59 Years, R/o Vpo Jawla Tehsil Parbatsar District Deedwana Kuchaman. Presently Posted As Teacher Level-I, Government Senior Secondary School, Kheri Khinwasi (Parbatsar). 33. Shri Lal Meena S/o Shri Harphool Meena, Aged About 59 Years, R/ 10 Shyam Vatika Ramnagar Vistar Sodala District Jaipur. Presently Posted As Principal, Government Senior Secondary School, Sushilpura District Jaipur. 34. Anjani Kumar Vyas S/o Gauri Shanker Vyas, Aged About 59 Years, R/o Vpo Sahawa Tehsil Taranagar District Churu. Presently Posted As Senior Teacher, Government Senior Secondary School, Sahawa. 35. Virdha Ram Bishnoi S/o Goma Ram Bishnoi, Aged About 59 Years, R/o Government Senior Secondary School Dedwa, Sanchore. Presently Posted As Senior Teacher, Government Senior Secondary School,dedwa Sanchore. 36. Jagmohan Meena S/o Shri Sharwan Lal Meena, Aged About 50 Years, R/o V.p. Kalwari Tehsil Kathumar District Alwar. Presently Posted As Principal, Government Senior Secondary School, Bajju Tejpura District Bikaner. 37. Chanduram Khyalia S/o Chanaram Khyalia, Aged About 55 Years, R/o Vpo Bhookarka Tehsil Nohar District Hanumangarh. Presently Posted As Senior Teacher, [2025:RJ-JP:51481] (5 of 10) [CW-20072/2025] Government Senior Secondary School, Kikrali. 38. Govind Lal Samdani S/o Chand Mal, Aged About 55 Years, R/o Near Peepli Bazar P.o. Kapasan District Chittorgarh. Presently Posted As Vice Prinicpal, Government Senior Secondary School, Hathiyana , Kapasan District Chittorgarh. 39. Chetan Swroop Jajoriya S/o Jagannath, Aged About 56 Years, R/o V/p Kotra Deepsingh, Tehsil Digod District Kota. Presently Posted As Physical Teacher, Government Senior Secondary School, Kishorepur, Sultanpur, District Kota. 40. Dwarki Lal Regar S/o Madan Lal, Aged About 53 Years, R/o House No. 50 Amart Vihar, Borkeda District Kota. Presently Posted As Physical Teacher Grade-Iii, Government Upper Pirmary School, Mandaniya Block District Kota. 41. Daulat Ram Sharma S/o Bala Ram Sharma, Aged About 57 Years, R/o New Shri Ram Colony Near Water Works Bhawani Mandi, District Jhalawar. Presently Posted As Vice Principal, Seth Anandi Lal Poddar ,government Senior Secondary School, Bhawani Mandi. 42. Kamlesh Rani Arora D/o Lok Raj, Aged About 56 Years, R/o H.no. 3/340 Old Rhb Colony, Suratgarh District Sriganganagar. Presently Posted As Senior Teacher, Government Girls Senior Secondary School, Suratgarh. 43. Amar Singh Jangir S/o Shri Khetaram, Aged About 65 Years, R/o Dalelpura , Tehsil Khetri, District Jhunjhunu. 44. Meena Devi Shakya D/o Daya Nand, Aged About 51 Years, R/o Ward No. 21 Rawatsar Near Gramin Bank, Rawatsar, District Hanumangarh. Presently Posted As Senior Teacher, Government Senior Secondary School, 29 Dwd, Rawatsar, District Hanumangarh. 45. Kailash Kumar Sharma S/o Om Prakash Sharma, Aged About 53 Years, R/o Village Nayasarana, Post Doomroli , Tehsil Neemrana, District Alwar. Presently Posted As Teacher, Government Senior Secondary School, Babera. 46. Sanjeev Kumar S/o Shri Rajveer Singh, Aged About 47 Years, R/o 63 Sneh Saoan Canal Colony Shashi Hotel Ke Piche, District Hanumangarh. Presently Posted As Teacher [2025:RJ-JP:51481] (6 of 10) [CW-20072/2025] Level-I, Government Senior Secondary School, 31 Ssw. 47. Ram Swroop S/o Sultan, Aged About 48 Years, R/o V. Sangathia, P.o. Lalaniya, Tehsil Nohar, District Hnumangarh. Presently Posted As Teacher Level-Ii, Government Senior Secondary School, Lakhasar (Nohar). 48. Chhitar Mal Tailor S/o Shri Natnu Lal Tailor, Aged About 59 Years, R/o V And P Jharli District Sikar. Presently Posted As Teacher, Government Upper Primary School, Surani. ----Petitioners Versus 1. The State Of Rajasthan, Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur. 3. Director, Secondary Education Department, Rajasthan, Bikaner. 4. Director, Elementary Education Department, Rajasthan, Bikaner. 5. Joint Director , School Education, District Bikaner. 6. Joint Director , School Education, District Jodhpur. 7. Joint Director , School Education, District Kota. 8. Joint Director , School Education, District Ajmer. 9. Joint Director , School Education, District Churu. 10. Joint Director , School Education, District Udaipur. 11. District Education Officer (Headquarter), Elementary Education, District Hanumangarh. 12. District Education Officer (Headquarter), Secondary Education, District Hanumangarh. 13. District Education Officer (Headquarter), Elementary Education, District Sriganganagar. 14. District Education Officer (Headquarter), Secondary Education, District Sriganganagar. 15. District Education Officer (Headquarter), Elementary Education, District Nagaur. 16. District Education Officer (Headquarter), Secondary Education, District Nagaur. [2025:RJ-JP:51481] (7 of 10) [CW-20072/2025] 17. District Education Officer (Headquarter), Elementary Education, District Deedwanakuchaman 18. District Education Officer (Headquarter), Secondary Education, District Deedwanakuchaman. 19. District Education Officer (Headquarter), Elementary Education, District Sikar. 20. District Education Officer (Headquarter), Secondary Education, District Sikar. 21. District Education Officer (Headquarter), Elementary Education, District Jodhpur. 22. District Education Officer (Headquarter), Secondary Education, District Jodhpur. 23. District Education Officer (Headquarter), Elementary Education, District Phalodi. 24. District Education Officer (Headquarter), Secondary Education, District Phalodi. 25. District Education Officer (Headquarter), Elementary Education, District Jhalawar. 26. District Education Officer (Headquarter), Secondary Education, District Jhalawar. 27. District Education Officer (Headquarter), Elementary Education, District Jaipur. 28. District Education Officer (Headquarter), Secondary Education, District Jaipur. 29. District Education Officer (Headquarter), Elementary Education, District Kotputlibehror. 30. District Education Officer (Headquarter), Secondary Education, District Kotputlibehror. 31. District Education Officer (Headquarter), Elementary Education, District Kota. 32. District Education Officer (Headquarter), Secondary Education, District Kota. 33. District Education Officer (Headquarter), Elementary Education, District Bhilwara. 34. District Education Officer (Headquarter), Secondary Education, District Bhilwara. 35. District Education Officer (Headquarter), Elementary [2025:RJ-JP:51481] (8 of 10) [CW-20072/2025] Education, District Jhunjhunu. 36. District Education Officer (Headquarter), Secondary Education, District Jhunjhunu. 37. District Education Officer (Headquarter), Elementary Education, District Churu. 38. District Education Officer (Headquarter), Secondary Education, District Churu. 39. District Education Officer (Headquarter), Elementary Education, District Jalore. 40. District Education Officer (Headquarter), Secondary Education, District Jalore. 41. District Education Officer (Headquarter), Elementary Education, District Chittorgarh. 42. District Education Officer (Headquarter), Secondary Education, District Chittorgarh. 43. District Education Officer (Headquarter), Elementary Education, District Alwar. 44. District Education Officer (Headquarter), Secondary Education, District Alwar. ----Respondents For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/12/2025 1. Instant writ petition is preferred by petitioners with following prayer: i. By an appropriate writ, order or direction, the respondents may be directed to provide salary of summer vacation to the petitioners; and ii. By an appropriate writ, order or direction, the date of appointment of the petitioners may be declared [2025:RJ-JP:51481] (9 of 10) [CW-20072/2025] to be their date of increment and other service benefits; iii. By an appropriate writ, order or direction, Pay scale of the petitioners may be revised considering benefits of seventh pay commission. iv. By an appropriate writ, order or direction, the respondents may be directed to pay all the service benefits of the petitioners. 2. Learned counsel for petitioners while referring and relying upon judgment dated 10.07.2025 in S.B. Civil Writ Petition No.13104/2025 “Kavita Solanki Vs. The State of Rajasthan & Ors.” submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Court, at Principal Seat, Jodhpur. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition may be disposed in light of Kavita Solanki (supra) passed by this Court, on the basis of judgment in case of Yogesh Kumar Pareek Vs. State of Rajasthan: S.B. CWP No. 3534/2009 decided on 20.01.2014. 5. Considered the grievance raised herein, the petitioners are 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 consider and decide the representation in light of ratio laid down in case of Kavita Solanki (supra) and Yogesh Kumar Pareek Vs. The State of Rajasthan: SBCWP No. 3534/2009 on 20.01.2014 but in case of deviation with a reasoned and speaking order within a period of [2025:RJ-JP:51481] (10 of 10) [CW-20072/2025] 30 days from date of receipt of representation. After the order, the respondents are under an obligation to communicate the order to the petitioners either by way of speed post or through E-mail, if petitioners have provided E-mail in their representation. If the petitioners are still aggrieved, they have a liberty to approach this Court with fresh petition. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /162