OM PRAKASH SHARMA S/O MANGI LAL SHARMA v. STATE OF RAJASTHAN
CW/19098/2025 · 2025-12-05
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50106 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 50106 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:49664] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19098/2025
1. Om Prakash Sharma S/o Mangi Lal Sharma, Aged About 40 Years, R/o 88 Mahaveer Colony, Pratapgarh, Raj. At Present Posting Gups Anoppura, Block Dhamotar, Dist. Pratapgarh. 2. Jyoti Sisodia D/o Manohar Lal, Aged About 37 Years, R/o Kharadi Mohalla, Kila Road, Pratapgarh, At Present Posting Govt. Girls Sports Academy, Pratapgarh. 3. Minakshi Rathor D/o Kailash Chand, Aged About 35 Years, R/o 269 Mataji Mandir Ke Pass Kulthana, Dist. Pratapgarh, Rajasthan, At Present Posting Pm Shri Ggsss Kila Road, Pratapgarh. 4. Kirti Rao D/o Rajendra Singh Rao, Aged About 30 Years, R/o 122 Behind Shoroom Shiv Colony Banswara, Rajasthan, At Present Posting Gups Khalpur, Block And Dist. Banswara. 5. Hitesh Chandra Pandya S/o Ramesh Chandra Pandya, Aged About 44 Years, R/o Indira Chowk Bori, Dist. Banswara, Rajasthan, At Present Posting Gups Adavela, Block Dhamotar Dist. Pratapgarh. 6. Harji Ram Meena S/o Thawara Meena, Aged About 38 Years, R/o Mandvi Village, Block Dhariyawad, Dist. Pratapgarh, Rajasthan, At Present Posting Gups Kalvi, Block Dhamotar, Dist. Pratapgarh. 7. Hansa Kumari Joshi D/o Vidya Shanker Joshi, Aged About 41 Years, R/o Aadarsh Colony Diwda Chota Khargada, Dungarpur, Dist. Dungarpur, Rajasthan, At Present Posting Swami Vivekanand Govt Model School Kumbhalgarh, Dist. Rajsamand. 8. Prakash Chandra Chamar S/o Sukh Lal Chamar, Aged About 43 Years, R/o Mukam Padra, Post Padra, Yadav Basti, Padwa Dist. Dungarpur, Rajasthan, At Present Posting Gsss Pali Chhoti, Block Sajjangarh, Dist. Banswara. 9. Sumitra Talach Mali D/o Khyali Lal Talach, Aged About 40 Years, R/o Village Kotra, Dist. Udaipur, Rajasthan, At Present Posting Pm Shree Gsss Patharpari Block Kotra, Dist. Udaipur. [2025:RJ-JP:49664] (2 of 5) [CW-19098/2025]
10. Pravin Kumar Bhoi S/o Rambaksh Bhoi, Aged About 45 Years, R/o Upla Bhoiwada, Banswara, Dist. Banswara, Rajasthan, At Present Posting Gups Karmal Kala, Block Dhariyawad, Dist. Pratapgarh. 11. Vikas Joshi S/o Mani Lal Joshi, Aged About 31 Years, R/o Vpo Bassi Ada, Tehsil Ganoda, Dist Banswara At Present Posting Gups Ghata Pada, Dist. Banswara. 12. Jitendra Singh Rao S/o Ram Singh Rao, Aged About 39 Years, R/o Village Phalawara, Post Malana, Tehsil Ghadi, Dist. Banswara, Rajasthan, At Present Posting Gsss Padoli Goverdhan, Dist. Banswara. 13. Prakash Chand Maida S/o Kanji Maida, Aged About 39 Years, R/o Vpo Gamda, Tehsil Aabapura, Dist. Banswara, Rajasthan, At Present Posting Gps Bada Dungra, Dist. Banswara. 14.
Alpesh Garasiya S/o Nathu Lal Garasiya, Aged About 29 Years, R/o Jogipada, Post Gagartalai, Dist. Banswara, Rajasthan, At Present Posting Gsss Nalwa, Block Falasiya, Dist. Udaipur. 15. Jai Prakash Bodar S/o Pema Ram Bodar, Aged About 30 Years, R/o Mahuwal Magara, Post Deekwas, Tehsil Kherwara, Dist. Udaipur. At Present Posting Gsss Gurad, Block Phalasiya, Dist. Udaipur. ----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of School Education, Government Of Rajasthan, Jaipur, Rajasthan. 2. The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan. 3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan. 4. The District Education Officer, Elementary Education, District Banswara, Rajasthan. 5. The District Education Officer, Elementary Education, District Udaipur, Rajasthan. 6. The District Education Officer, Elementary Education, District Rajsamand, Rajasthan. [2025:RJ-JP:49664] (3 of 5) [CW-19098/2025]
7. The District Education Officer, Elementary Education, District Pratapgarh, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) : Mr. Manoj Sharma, AAG Mr. S.S. Naruka, 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, 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:49664] (4 of 5) [CW-19098/2025] 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 and Mr. S.S. Naruka, AAG accept notice. Office is directed to reflect their names as counsel for the respondents.
4. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition may be disposed 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 consider and decide the representation in light of ratio laid down in cases 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 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-
[2025:RJ-JP:49664] (5 of 5) [CW-19098/2025] 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/125