HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8966/2024 Devi Singh S/o Kunwar Singh, Aged About 54 Years, R/o Village Gurdha Dang, Tehsil Bayana, District Bharatpur, Worked As Assistant Teacher (Senior Siksha Karmi), Government Upper Primary School, Gurdha Dang, Block Bayana, District Bharatpur. ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Primary Education Department, Government Secretariat, Jaipur. 2. The Deputy Director, Shiksha Karmi Board, Rajasthan, Shiksha Sankul, Jaipur. 3. The District Education Officer, Primary Education, Headquarter, Bharatpur. 4. The Development Officer, Panchayat Samiti Bayana, District Bharatpur. 5. The Chief Block Elementary Officer (Cbeo), Bayana, District Bharatpur. 6. The Panchayat Education Officer, Principal, Govt. Senior Secondary School, Shahpur Dang, Block Bayana, District Bharatpur. ----Respondents For Petitioner(s) : Mr. Satyapal Poshwal with Mr. Harshit Mehta Ms. Seema Jharwal Ms. Bhanwari Kumari For Respondent(s) : Mr. Gopal Krishan Sharma, AGC with Mr. Somil Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/12/2025 1. Instant writ petition has been filed by the petitioner with following prayers: (2 of 3) [CW-8966/2024] “It is, therefore, humbly prayed that Your Lordships may be pleased to accept and allow this writ petition and by issuance of an appropriate writ, order or direction: (i) quash and set aside the order dated 18.3.2024 (Annx.8) passed by respondent No.3; ii) direct the respondents to reinstate/revoke the petitioner on the post of Assistant Teacher (Sahayak Shikshak, previously Senior Shiksha Karmi) in Govt. Upper Primary Scholl Gurdha Dang, Panchayat Shahpur, Tehsil Bayana, District Bharatpur, with all consequential benefits and continuity of service with arrears; (iii) to pass any other appropriate order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, in favour of the petitioner.” 2. Learned counsel for petitioner while referring and relying upon judgment dated 02.08.2019 in S.B. Civil Writ Petition No. 7222/2013 (Krishana Devi Vs. State of Rajasthan & Ors.) submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for parties and also material placed on record, the writ petition is liable to be allowed in light of ratio laid down in case of Krishana Devi (supra) passed by this Court. It is an admitted case that services were terminated on basis of a criminal case but same was later quashed by this Court on 16.01.2024. 4. In the light of aforesaid, the present petition is allowed and the order dated 18.03.2024, terminating the services of the (3 of 3) [CW-8966/2024] petitioner is quashed and set aside and the respondents are directed to reinstate contractual services of the petitioner on the post of Shiksha Sahayak. However, the petitioner shall be entitled only for notional benefit for the period for which he has not discharged his duties. He is entitled for actual benefits from the date of resumption of duty under the relevant Rules. The service condition shall be governed by the relevant rules. 5. Accordingly, the writ petition and pending application(s), if any also stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /261