[2025:RJ-JP:47338] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17859/2025 Anita Kumari D/o Shri Bansi Ram Wd/o Shri Vijay Kumar, Aged About 36 Years, R/o Vpo Dudhwa, Tehsil Khetri, District Jhunjhunu (Raj.) (Presently Posted As Teacher Grade Iii, L-I At Govt. Upper Primary School, Modi Mehara, Jatuwas, Block Khetri, District Jhunjhunu, 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 Jhunjhunu (Raj.) 4. The Chief Executive Officer, Zila Parishad Jhunjhunu (Raj.) ----Respondents For Petitioner(s) : Mr. Ashindra Gautam Mr. Vijay Laxmi Gautam For Respondent(s) : Mr. Saurabh Sharma for Mr. Kapil Prakash Mathur, AAG Mr. Jitendra Takar for Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/11/2025 1. Instant writ petition is preferred by petitioner with following prayer: “I. 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 [2025:RJ-JP:47338] (2 of 4) [CW-17859/2025] Level-I from the date, when similarly situated Candidates Persons have been given appointment on the post of Teacher Grade-III (Level-I) under the same Recruitment/Selection Process [i.e. Advertisement No. 1/2021-2022 dated 31.12.2021 "Rajasthan Primary and Upper Primary School Teacher Direct Recruitment- 2021-22]" for Non-TSP Area, Level-I General/Special Education]. II. 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 No.- 21214/2017 titled as [Om Prakash V/S State of Rajasthan & Ors.] relying 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 in SBCPW No. 16922/2019 titled as [Mukesh Kumar Sharma Ors. V/S Sate of Raj. & 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 and Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Court, on basis of ratio laid down [2025:RJ-JP:47338] (3 of 4) [CW-17859/2025] in case of Suman Bai and Anr. Vs. State of Rajasthan and Ors. 2009 (1) WLC (Raj.) 381 and followed in case of Hemlata Shrimali and Ors. Vs. State of Rajasthan and Ors.: SB CWP No.3247/2015. He further submitted that instant writ petition be disposed of in accordance with ratio laid down in aforementioned cases. 3. Mr. S.S. Naruka, AAG and Mr. Kapil Prakash Mathur, AAG accepts notice on behalf of respondent. Office is directed to reflect their names. 4. Having considered the submissions of learned counsel for parties and also material placed on record, the writ petition is disposed of in light of Om Prakash and Ors. Vs. State of Rajasthan and Ors. (supra), Suman Bai (supra) and Hemlata Shrimali (supra) passed by this Court. 5. 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 decide the representation in light of ratio laid down in case 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 the order, 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 her representation. If the petitioner is still aggrieved, she has a liberty to approach this Court with fresh petition. [2025:RJ-JP:47338] (4 of 4) [CW-17859/2025] 6. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended. 7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /102