GEETA SAINI WIFE OF LATE SHRI PRABHU DAYAL SAINI, D/O SHRI ROOP NARAIN SAINI v. THE STATE OF RAJASTHAN
CW/3920/2024 · 2025-10-29
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45219 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45219 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:43423] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3920/2024
1. Geeta Saini Wife Of Late Shri Prabhu Dayal Saini, D/o Shri Roop Narain Saini, Aged About 47 Years, Resident Of Shiv Colony, Transport Nagar, Alwar, Rajasthan.
2. Gulshan Saini Wife Of Shri Hari Ram Saini D/o Shri Roop Narain Saini, Aged About 45 Years, Resident Of Naya Bas, Near Sunil Nursing Home, Alwar, Rajasthan. ----Petitioners Versus
1. The State Of Rajasthan, Through The Principal Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Director, Secondary Education, Rajasthan, Bikaner.
3. District Education Officer, Secondary-I, Alwar. ----Respondents For Petitioner(s) : Mr. Raj Kumar Sharma For Respondent(s) : Mr. Devansh Sharma, Dy.G.C.
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 29/10/2025
1. The case of present petitioners is that in pursuant to advertisement dated 28.07.2003 for recruitment on the post of PTI Grade-III, the petitioners were selected in pursuant to selection process and accorded appointment by the respondent(s).
2.
Learned counsel for petitioners further submits that petitioners were later subjected to new pension scheme and not Old Pension Scheme (OPS) which was prevalent on date of advertisement dated 28.07.2003. He further submits that the controversy in question was considered by this Hon’ble Court in
[2025:RJ-JP:43423] (2 of 2) [CW-3920/2024] case of Sunita and Anr. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 1547/2021) and a Co-ordinate Bench of this Court on 28.02.2022 has directed the State Government for
consideration of case of petitioner(s) with similarly placed candidates for the purpose of OPS (Old Pension Scheme).
3. Mr. Devansh Sharma, DGC accepts notice on behalf of Department and he candidly admits that the State Government will consider the representation of petitioners, if same is made to the respondents in light of judgment as referred by learned counsel for petitioners.
4. 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 decide the representation in light of ratio laid down in case referred hereinabove with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the decision 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.
5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J CHETNA BEHRANI /105