GAURAV BHATT S/O UMAKANT BHATT v. STATE OF RAJASTHAN
CW/18994/2025 · 2025-12-05
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45547 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45547 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:49665] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18994/2025
1. Gaurav Bhatt S/o Umakant Bhatt, Aged About 31 Years, R/o Vpo - Anjana Tehsil -Garhi, District Banswara (Raj), At Present Posting Gups Jadela, Ghata Ka Gaon, Tehsil Galiyakot, Dungarpur (Raj)
2. Yashpal Singh Chouhan S/o Chandrapal Singh Chouhan, Aged About 45 Years, R/o Vpo - Peeth, Simmalwara, Dist- Dungarpur (Raj), At Present Posting Gups Darakhanda, Block-Dovda, Dist-Dungarpur (Raj)
3. Ashvin Pandya S/o Pran Shanker Pandya, Aged About 44 Years, R/o Vpo - Chitri Dist-Dungarpur (Raj), At Present Posting Gss Kanbai Ps-Naya Gaon, Dist-Udaipur (Raj)
4. Dharmesh Adhikari S/o Gangadas, Aged About 46 Years, R/o Vpo - Saradi Badi Te-Garhi, Banswara (Raj), At Present Posting Gups Gamdi, Block - Jaisamand Dist- Salumber (Raj)
5. Mordhvaj Trivedi S/o Purshuttam Trivedi, Aged About 33 Years, R/o Vpo - Navalsham, Dist-Dungarpur (Raj), At Present Posting Gups Sukhapada Ps-Naya Gaon, Dist- Udaipur (Raj)
6. Hitesh Patidar S/o Valji Patidar, Aged About 45 Years, R/o Vpo - Wanderved Te-Sagwara, Dungarpur (Raj), At Present Posting Gups Bamaniyavada, Gariyata Block- Galiyakot Dist-Dungarpur (Raj)
7. Suresh Chandra Patidar S/o Kishor Patidar, Aged About 45 Years, R/o Vpo - Divda Chota Te-Sagwara, Dungarpur (Raj), At Present Posting Gups Balvi Block Falasia, Udaipur (Raj)
8. Avinash Jain S/o Laxmi Lal Jain, Aged About 46 Years, R/o Vpo - Bagidora Dist-Banswara (Raj), At Present Posting Gss Demat Block-Naya Gaon Dist-Udaipur (Raj)
9. Prakash Chandra Patel S/o Modji Patel, Aged About 31 Years, R/o Vpo - Dhakarda Sagatada, Sarada Dist-Udaipur (Raj), At Present Posting Gups Govindpura/kaya Ps-Girwa Dist-Udaipur (Raj)
10. Nana Lal Kumawat S/o Ganpat Lal Kumawat, Aged About 37 Years, R/o Vpo -Jhanjali, Arnod Dist-Pratapgadh (Raj), At Present Posting Mggs Kotdi Block-Arnod, Pratapgarh
[2025:RJ-JP:49665] (2 of 5) [CW-18994/2025] (Raj)
11. Hanja Lal Dendor S/o Naniya Dendor, Aged About 38 Years, R/o Vill- Bhandara Post-Bodamali Te-Simmalwara, Dungarpur (Raj), At Present Posting Gups Goiya Fala Te- Jhontari Block-Jhontari, Dungarpur (Raj)
12. Bharat Kumar Rawal S/o Devendra Nath Rawal, Aged About 35 Years, R/o Vpo- Gamri Ahara Dist Dungarpur, At Present Posting Gsss Chittora Block Naya Gaon Dist Dungarpur
13. Reena Vyas S/o Harish Chandra Vyas, Aged About 35 Years, R/o Vpo- Dadooka, Tehsil Garhi, Dist Banswara, At Present Posting Gups Naya Tapra Block Sabla, Dist Dungarpur
14.
Sonal Jain Mahatma D/o Praveen Kumar, Aged About 43 Years, R/o Setho Ki Gali Vpo- Salumber, Dist Salumber, At Present Posting Gsss Naya Guda Block Girva Dist Udaipur. 15. Monika Shah D/o Kanhaiya Lal Shah, Aged About 39 Years, R/o Vpo- Nogama, Dist Banswara, At Present Posting Gups Mordi Fala Block Galiyakot, Dist Dungarpur. 16. Bharat Lal Khokar S/o Dhulji Khokar, Aged About 43 Years, R/o M- Jalukuwa, Dist Dungarpur, At Present Posting Gups Nareli Block Bicchiwara Dist Dungarpur. 17. Bhavesh Patidar S/o Deveelal Patidar, Aged About 37 Years, R/o Vpo - Ghata Ka Goan Tehsil -Obri, Dungarpur (Raj), At Present Posting Gups Karel, Block - Falasiya Dist-Udaipur (Raj)
18. Chelna Jain D/o Raj Kumar Shah, Aged About 31 Years, R/o Bahubali Colony Banswara Rural, Dist-Banswara (Raj), At Present Posting M G G S Devla, Block Dhriyawad Distt. Pratapgarh (Raj). 19. Jyoti D/o Mukesh, Aged About 35 Years, R/o Vpo Arnod, Dist. Pratapgarh, At Present Posting Svms Arnod, Dist. Pratapgarh. ----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Department Of Rural And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan. [2025:RJ-JP:49665] (3 of 5) [CW-18994/2025]
2. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan. 3. The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan. 4. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan. 5. The District Education Officer, Elementary Education, District Dungarpur, Rajasthan. 6. The District Education Officer, Elementary Education, District Salumber, Rajasthan. 7. The District Education Officer, Elementary Education, District Udaipur, Rajasthan. 8. The District Education Officer, Elementary Education, District Pratapgarh, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) : Mr. Manoj Sharma, AAG Mr. S. S. Naruka, AAG Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 05/12/2025
1. Instant writ petition is preferred by petitioners with following prayer:
“A. By an appropriate writ, order or direction, the respondents may kindly be directed to give all notional benefits for the post of Teacher Grade- III, similarly situated persons appointment on February, 2019 actual benefits for the Teacher Grade-III in pursuance of the advertisement
2018. B. By an appropriate writ order or direction, the respondents may kindly be directed to grant the benefits like seniority, fixation and notional benefits in the pursuance of the first appointment
order on February, 2019 and in pursuance of the advertisement year 2018.
[2025:RJ-JP:49665] (4 of 5) [CW-18994/2025] C. By an appropriate writ, order or direction, the respondents may kindly be directed to grant the entire benefits including the prevailing interest to the petitioners as per the Hon'ble High Court orders. D. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners. E. Writ petition filed by the petitioners may kindly be allowed with costs.”
2.
Learned counsel for petitioners while referring and relying upon order dated 05.10.2021 in S.B. Civil Writ Petition No.13853/2021 (Krishna Kumar and Ors. Vs. State of Rajasthan and 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. Mr. Manoj Sharma, AAG, Mr. S. S. Naruka, AAG and Mr. Kapil Prakash Mathur, AAG accept notice. Office is directed to reflect their name as counsel for the respondents.
4. Having considered the submissions of learned counsel for parties and also material placed on record, the writ petition may be disposed in light of Krishna Kumar and Ors. Vs. State of Rajasthan and Ors. (supra) passed by this Court, on basis of ratio laid down in case of Suman Bai & Ors. Vs. State of Rajasthan and Ors. reported as 2009 (1) WLC (Raj.) 381 and further relied in case of Hemlata Shrimali & Ors. Vs. State of Rajasthan & Ors., SBCWP No.3247/2015 and Omprakash & Ors. Vs. State of Rajasthan & Ors. SBCWP No.21214/2017.
[2025:RJ-JP:49665] (5 of 5) [CW-18994/2025]
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 cases referred hereinabove but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the decision, 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.
6. Needless to say that if ratio as laid down in said case is applicable, the petitioners are entitled for benefits and same benefit be extended to them.
7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J MR/115