MILAN KUMAR UPADHYAY S/O JAYANTI LAL UPADHYAY v. STATE OF RAJASTHAN
CW/17987/2025 · 2025-11-27
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45929 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45929 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:48351] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17987/2025
1. Milan Kumar Upadhyay S/o Jayanti Lal Upadhyay, Aged About 44 Years, R/o Vpo Joulana, Tehsil Garhi, Dist. Banswara, Raj. At Present Posting Gsss Toda, Block And Dist. Salumber.
2. Amita Patidar D/o Baboo Lal Patidar, Aged About 35 Years, R/o Chandawato Ka Mohalla Kulmipura, Dist. Pratapgarh, At Present Posting Gups Navan Khedi, Block Chotisadari, Dist. Pratapgarh.
3. Mahendra Kumar Chhagan S/o Manee Lal Chhagan, Aged About 40 Years, R/o Vpo Gada Mertiya, Tehsil Galiyakot, Dist. Dungarpur, Rajasthan, At Present Posting Gups Gurad, Block Falasiya, Dist. Udaipur.
4. Ronak Dixit S/o Madhuker Dixit, Aged About 39 Years, R/o Vpo Khadgada, Tehsil Sagwara, Dist. Dungarpur Rajasthan, At Present Posting Gups Mundala, Block Sarada, Dist. Salumber.
5. Ramesh Chandra Patidar S/o Kalu Lal Patidar, Aged About 44 Years, R/o Village Gowadi, Tehsil Sagwara, Dist. Dungarpur, Rajasthan, At Present Posting Gups Karel, Block Falasiya, Dist. Udaipur.
6. Ambica Balai D/o Ramesh Balai, Aged About 36 Years, R/o Vpo Kotri, Tehsil Arnod, Dist. Pratapgarh, Rajasthan, At Present Posting Gups Baroliya, Block Jhallara, Dist. Udaipur. ----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Department Of Rural And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.
2. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.
4. The District Education Officer, Elementary Education, District Salumber, Rajasthan.
5. The District Education Officer, Elementary Education,
[2025:RJ-JP:48351] (2 of 4) [CW-17987/2025] District Udaipur, Rajasthan.
6. The District Education Officer, Elementary Education, District Pratapgarh, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) : Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 27/11/2025
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. 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
[2025:RJ-JP:48351] (3 of 4) [CW-17987/2025] 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 accepts notice. Office is directed to reflect his name as counsel for the respondents.
4. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition is disposed of in light of Krishna Kumar and Ors. Vs. State of Rajasthan and Ors. (supra) passed by this Court, on basis 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.
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 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
[2025:RJ-JP:48351] (4 of 4) [CW-17987/2025] 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/117