LEKHRAJ GURJAR S/O RAMBILAS GURJAR v. STATE OF RAJASTHAN
CW/18997/2025 · 2025-12-05
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49765 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49765 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:49666] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18997/2025
1. Lekhraj Gurjar S/o Rambilas Gurjar, Aged About 25 Years, R/o Vpo Shop, Tehsil Uniyara, District Tonk Raj. At Present Posting Gups Gujariya Kheda, Block Nainwan, District Bundi.
2. Ritesh Kumar Gautam S/o Jawahar Prasad Gautam, Aged About 24 Years, R/o Village Sawana Lachhuman, Post Sirsiyan-3 Tehsil Deoria, District Deoria (Up). At Present Posting Gups Balapura (Sisola), Block Nainwa, District Bundi.
3. Aditya Saharia S/o Rajesh Kumar Saharia, Aged About 28 Years, R/o Vidya Niwas Krishna Colony Hindaun City Karauli, At Present Posting Gups Kheruna (Fuleta), Block Nainwa, District Bundi.
4. Sandeep Gurjar S/o Bajarang Lal Gurjar, Aged About 27 Years, R/o Vpo Santhali, Tehsil Deali, District Tonk Rajasthan. At Present Posting Rp Cwsn Cbeo Office Bundi, District Bundi.
5. Mesh Ram Sharma S/o Harnarayan Sharma, Aged About 30 Years, R/o Village Udaypur, Post Tapal, Tehsil Khair, District Aligarh (Up) At Present Posting Gups Nayagaon (Papd) K.patan, Bundi, District Bundi.
6. Monu Kumar S/o Budhram, Aged About 27 Years, R/o Village Bamanwarj, Post Jurhera, Tehsil Pahari, District Bharatpur. Gps Bhatto Ka Nayagaon (Bachola) Block Nainwas, District Bundi.
7. Asha Kanwar D/o Kishor Singh, Aged About 33 Years, R/o Village Chachiyawas, Tehsil And District Ajmer Raj. At Present Posting Gups Sanchore, Block Parbatsar, District Didwana-Kuchaman.
8. Nikita Kumari D/o Rama Sah, Aged About 25 Years, R/o 21/191 Block 21 Trilok Puri East-Delhi At Present Posting Shahid Tej Singh Gups Lisana Block Kishangarh Bas, District Khairthal-Tijara.
9. Amit Kumar Mahrada S/o Satish Kumar Mahrada, Aged About 27 Years, R/o Village Bopiya, Post Chhaja Ki Nagal, Tehsil Patan, District Sikar, At Present Posting Ggups Banar, Block Kotputli, District Kotputli-Behror.
[2025:RJ-JP:49666] (2 of 4) [CW-18997/2025] ----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 Bundi, Rajasthan.
5. The District Education Officer, Elementary Education, District Didwana- Kuchaman, Rajasthan.
6. The District Education Officer, Elementary Education, District Khairthal -Tijara, Rajasthan.
7. The District Education Officer, Elementary Education, District Kotputli-Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) : 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 level I (Special Teacher), similarly situated persons appointment on June, 2022 actual benefits for the Teacher Grade-III level I (Special Teacher) in pursuance of the advertisement 2021. 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
[2025:RJ-JP:49666] (3 of 4) [CW-18997/2025]
order on June, 2022 and in pursuance of the advertisement year 2021. C. By an appropriate writ, order or direction,that the said controversy already covered in case of Hem late Shrimali (Supra). 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. S.S. Naruka, AAG and Mr. Kapil Prakash Mathur, AAG, accept1 notice. Office is directed to reflect their names as counsel for the respondents.
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 Krishna Kumar and Ors. Vs. State of Rajasthan and Ors. (supra) decided 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:49666] (4 of 4) [CW-18997/2025]
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 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 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/116