[2025:RJ-JP:51392] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19874/2025 Dilip Kumar Mehta S/o Shri Anandi Lal Mehta, Aged About 38 Years, R/o Near Govt. Hospital, Bus Stand Road, Railmagra, District Rajsamand (Raj.) (Presently Posted As Teacher, Grade Iii, Level-I, At Govt. Upper Primary School, Parliya, Block Bhadesar, District Chittorgarh, Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Education Secretary, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.) 2. The Director, Elementary Education, Bikaner (Raj.) 3. The District Education Officer, Elementary Education, District Chittorgarh (Raj.) 4. The Chief Executive Officer, Zila Parishad Chittorgarh (Raj.) ----Respondents For Petitioner(s) : Mr. Ashindra Gautam 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: “1. By an appropriate writ, order and direction, respondents may kindly be directed to give all Service Benefits i.e. Seniority, Promotion, Regular Pay and Pay Fixation etc. on Notional Basis to the Petitioner on the post of Teacher Grade III, Level-I (General Education) from the date, when Similarly situated Candidates/Persons have been given appointment on the post of Teacher Grade III, Level- [2025:RJ-JP:51392] (2 of 3) [CW-19874/2025] I (General Education) under the same Recruitment/Selection Process [i.e. Rajasthan Govt. Primary and Upper Primary School Teacher Grade Level-I Direct Recruitment-2018 (General Education)] 2. By an appropriate writ, order or direction, the respondents may kindly be directed to grant the entire benefits including the prevailing interest to the Petitioner as per the Hon'ble High Court orders. 3. By an appropriate writ, order and direction, the Hon'ble Court may kindly be requested to disposed off the said writ petition in the light of Judgment dated 21.11.2017 passed in S.B. Civil Writ Petition No.-21214/2017 titled as [Om Prakash V/S State of Rajasthan & Ors.], in the light of judgment dated 30.10.2017 passed in S.B. Civil Writ Petition No. 19179/2017 titled as (Krishan Lal & Ors. V/S State & Ors.), relaying upon the judgment passed in the case of (Suman Bai and Anr. v/s State of Raj. & Ors.) Reported in 2009 (1) WLC (Raj.) 381 and Judgment passed on 01.04.2015 passed in S.B. Civil Writ Petition No.3247/2015 titled as (Hemlata Shrimali & Ors. V/S State of Raj. & Ors.] And Judgememt dated 06.05.2022 passed SBCPW No. 16922/2019 titled as (Mukesh Kumar Sharma & Ors. V/S Sate of Rsj. & Ors.];” 2. Learned counsel for petitioner while referring and relying upon judgment dated 21.11.2017 in S.B. Civil Writ Petition No.21214/2017 titled as Om Prakash and Ors. Vs. State of Rajasthan 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 [2025:RJ-JP:51392] (3 of 3) [CW-19874/2025] 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 may be disposed in light of Om Prakash and Ors. Vs. State of Rajasthan (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 consider and decide the representation in light of ratio laid down in case of Om Prakash and Ors. Vs. State of Rajasthan (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 his representation. If the petitioner is still aggrieved, he 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 PREETI VALECHA /150