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2026 DAILYLAW 17851 (RAJ)

PRABHU ARYA S/O SHRI DURGA RAM CHOUDHARY v. STATE OF RAJASTHAN

CW/9525/2019 · 2026-01-27

Ashok Kumar Jain

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:3655] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9525/2019 1. Prabhu Arya S/o Shri Durga Ram Choudhary, Aged About 38 Years, R/o Village Akora Tehsil Jayal District Nagaur, (Rajasthan) 2. Piyush Agrawal S/o Shri Mohan Lal Agrawal, Aged About 31 Years, R/o 59, Mangalpura, Masjid Ki Gali, Mangalpura, District Jhalawar (Rajasthan) 3. Ravi Kumar S/o Shri Mohan Lal, Aged About 28 Years, R/o Darukuta Mohalla, Barlabas, Tehsil Rajgarh, District Alwar, (Rajasthan). 4. Karan Jujadia S/o Shri Shobha Ram, Aged About 27 Years, R/o Vpo Banwarla, Tehsil- Degana District Nagaur, (Rajasthan) 5. Ashish Sharma S/o Shri Gauri Shankar Sharma, Aged About 27 Years, R/o 104/114, Sector-10, Pratap Nagar, Sanganer, Jaipur (Rajasthan) 6. Mohammed Arif Baig S/o Shri Mohammed Insaf Baig, Aged About 37 Years, R/o Near Hospital Road Anjuman Colony, Jalore (Rajasthan) 7. Ashish Sharma S/o Shri Jagdish Prasad Sharma, Aged About 37 Years, R/o B-48, Patel Nagar, Tehsil-Deoli, District Tonk (Rajasthan) 8. Jeba Shahin Churigar D/o Mobin Ahmed Churigar, Aged About 32 Years, R/o Silawat Wadi, Rajnagar, District Rajsamand (Rajasthan) 9. Nemi Chand Baniya S/o Shri Kajod Mal Baniya, Aged About 33 Years, R/o Vpomanglana Via-Makrana, Tehsil- Parbatsar, District Nagaur (Rajasthan) 10. Renu Bala D/o Shri Guman Singh, Aged About 35 Years, R/o Plot No.127, Civil Line, Block-A, Hanumangarh, (Rajasthan) 11. Jaswant Singh Chouhan S/o Fateh Singh Chouhan, Aged About 30 Years, R/o 782, Behind Community Hall, Single Store, Near Water Tank, Sector No.9, Savina, Udaipur (Rajasthan) 12. Utpal Pandya S/o Shri Harish Chandra Pandya, Aged About 26 Years, R/o F-27, Hiran Magri, Sector No.14, [2026:RJ-JP:3655] (2 of 11) [CW-9525/2019] Udaipur (Rajasthan) 13. Raghuvir Verma S/o Ram Kishore Verma, Aged About 35 Years, R/o F-325 Vaishali Nagar, Jaipur, (Rajasthan) 14. Murari Bohra S/o Shri Gori Shankar Bohra, Aged About 27 Years, R/o Ward No.14, Vpo Jasrasar, Tehsil-Nokha, District-Bikaner, (Rajasthan) 15. Pooja Sharma D/o Shri Bajrang Lal Sharma, Aged About 28 Years, R/o 30-A, Near Shiv Temple, Niwaru Road, Jothwara, Jaipur (Rajasthan) 16. Kundan Jatav S/o Om Prakash, Aged About 35 Years, R/o Plot No.32, Mahesh Colony, Narshingpura, Ajmer Road, Beawar, (Rajasthan) 17. Sandip Kumar S/o Khirodhari Kumar, Aged About 29 Years, R/o Panchayat Samiti Gangrar, District Chittorgarh, (Rajasthan) 18. Harpal Jogsan S/o Shri Daya Ram, Aged About 31 Years, R/o Rajpura, Sumerpur, Post-Balana, Balana, Distt. Pali, (Rajasthan) ----Petitioners Versus 1. State Of Rajasthan, Through Secretary And Commissioner , Department Of Information Technology And Communication , It Bhawan, Yojana Bhawan Parisar, Tilak Marg, C-Scheme, Jaipur. 2. Technical Director Cum Officio Joint Secretary, Department Of Information Technology And Communication , It Bhawan, Yojana Bhawan Parisar, Tilak Marg, C-Scheme , Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 11703/2021 1. Sateesh Kumar Bajiya S/o Jhabar Mal Bajiya, Aged About 29 Years, R/o Dhani Mansawali, Vpo Tapiplya Via Ringus, District Sikar (Raj.). 2. Vikram Singh S/o Birbal Singh, Aged About 37 Years, R/o Vpo Malikpur Via Baori, District Sikar (Raj.). 3. Brij Mohan Yadav S/o Banwari Lal Yadav, Aged About 37 Years, R/o E-45, Prem Nagar, Jhotwara, Jaipur, District [2026:RJ-JP:3655] (3 of 11) [CW-9525/2019] Jaipur (Raj.). 4. Anil Mahawar S/o Chhotu Lal Mahawar, Aged About 31 Years, R/o Nosse Miyan Ka Pul, Patelon Ki Guwari, Tonk, District Tonk (Raj.). 5. Mahesh Chand S/o Bhanwar Lal, Aged About 41 Years, R/o Dr. Ambedkar Colony, Sendra Road, Beawar, District Ajmer (Raj.). 6. Akhalesh Kumar S/o Shivcharan, Aged About 36 Years, R/o Village Khat Nawali, Post Dehangaon, Tehsil Bayana, District Bharatpur (Raj.). 7. Ashok Kumar Bairwa S/o Sohan Lal Chamar, Aged About 36 Years, R/o Nangal Bas Reni, Post Reni, Tehsil Reni, District Alwar (Raj.). 8. Ashok Kumar Raigar S/o Ramkishor Raigar, Aged About 30 Years, R/o House No.1, Village Shri Kishanpura, Post Vidhani, Tehsil Sanganer, District Jaipur (Raj.). 9. Balraj Naliya S/o Kishan Lal Naliya, Aged About 30 Years, R/o Ward No.46, Kankriya, Jaipur Road, Ajmer (Raj.). 10. Durga Shankar S/o Babu Lal, Aged About 31 Years, R/o Plot No.1/31, Housing Board, Ward No.-06, Near Power House, Jhunjhunu (Raj.). 11. Hariom Vyas S/o Ashok Kumar Vyas, Aged About 33 Years, R/o Near Gas Agency, Nagar Road, Deeg, District Bharatpur (Raj.). 12. Irshad Ali S/o Nawab Ali, Aged About 36 Years, R/o Riico/c-41, Opposite Gail India Colony, Riico Area, Markupura, Ajmer (Raj.). 13. Jitender Kumar Gehlot S/o Norat Mal Gehlot, Aged About 38 Years, R/o House No. 335/36, Near Bajrang Namkeen, Lohakhan, Police Line, Ajmer (Raj.). 14. Smt. Komal Bhatnagar D/o Ram Kumar Bhatnagar, Aged About 41 Years, R/o Plot No.54, Adarash Colony, Kherly Phatak, Kota, District Kota (Raj.). 15. Jitendra Kumar Punjabi S/o Rajkumar Punjabi, Aged About 35 Years, R/o Ward No.7, Kajori Mohalla, Kherli, District Alwar (Raj.). 16. Lalit Karamchandani S/o Gangadhar Karamchandani, Aged About 29 Years, R/o 486, Panchshee Nagar, Ajmer, [2026:RJ-JP:3655] (4 of 11) [CW-9525/2019] District Ajmer (Raj.). 17. Mahendra Kumar Nagar S/o Khajan Chand, Aged About 37 Years, R/o Budhni, Post Khadiya, Tehsil Sangod, District Kota (Raj.). 18. Mahesh Gupta S/o Tara Chand Gupta, Aged About 34 Years, R/o 6, Shakti Nagar, Behind Shiva Talkies, Bharatpur, District Bharatpur (Raj.). 19. Manoj Kumar Verma S/o Bhanwar Lal, Aged About 31 Years, R/o 64, Kartarpura, Kachhi Basti, 22 Godam, Jaipur, District Jaipur (Raj.). 20. Mohammed Aslam S/o Abdul Wahid, Aged About 39 Years, R/o Kazipura, Near Kazi Kuwa, Kekri, District Ajmer (Raj.). 21. Pravendra Nayak S/o Ramswaroop Nayak, Aged About 33 Years, R/o 582, Chirag Shah Ki Gali, Gandhi Nagar, Lalitpur, (U.p.) 22. Prince Kumar Saini S/o Ashok Kumar Saini, Aged About 28 Years, R/o In Front Of Rajesh Poilet College, Baswa Road, Ward No.25, Bandikui, District Dausa (Raj.). 23. Purushotam Verma S/o Kanahaiya Lal Verma, Aged About 31 Years, R/o House No.66, Ram Mandir Marg, Opposite Neelkanth Hights, 22 Godam, Jaipur, District Jaipur (Raj.). 24. Pyarelal Bairwa S/o Pooran Chand Bairwa, Aged About 34 Years, R/o Bhadari Ka Bas, Jaipura Ki Dhani, Tehsil Baswa, District Dausa (Raj.). 25. Sajjan Phulwari S/o Jairam Phulwari, Aged About 32 Years, R/o Dev Nagar Colony, Udaipur Road, Chungi Naka, Beawar, Panchayat Samiti Jawaja, Tehsil Beawar, District Ajmer (Raj.). 26. Samriddh Bhatt S/o Praveen Kumar, Aged About 29 Years, R/o Plot No.-6, Dashera Kothi Road, Amer Road, Jaipur, District Jaipur (Raj.) 27. Shobhit Gupta S/o Chandra Prakash Gupta, Aged About 32 Years, R/o 156, Near Bara Shivala, Bibiganj, Saadatganj, Lacknow (U.p.), At Present R/o Rajput Colony, Near Baromasi Peepal, Badi, District Dholpur (Raj.). 28. Subhash Chand Yadav S/o Lala Ram Yadav, Aged About 30 Years, R/o Vpo Ratanpura, Tehsil Bansur, District Alwar [2026:RJ-JP:3655] (5 of 11) [CW-9525/2019] (Raj.). 29. Trilok Chand Khandelwal S/o Revati Raman Khandelwal, Aged About 38 Years, R/o Vpo Mandawar, Tehsil Mahwa, District Dausa (Raj.). 30. Vijay Kumar Verma S/o Sohan Lal, Aged About 36 Years, R/o 05, Azad Nagar, Belaka, Old Delhi Road, Alwar, District Alwar (Raj.). 31. Vikas Chaudhary S/o Ramjeet Singh, Aged About 30 Years, R/o Vpo Phulwara, Tehsil And District Bharatpur (Raj.). 32. Vinod Yadav S/o Sharwan Lal Yadav, Aged About 28 Years, R/o Vpo Ghinoi, Tehsil Chomu, District Jaipur (Raj.). 33. Yogita Gupta D/o Om Prakash Gupta, Aged About 30 Years, R/o House No.13, Bajrang Nagar, Daruhera, District Rewari (Hariyana). 34. Ankit Panwar S/o Deepak Kumar Panwar, Aged About 28 Years, R/o 187/31, Sindhu Wadi, B-Group, Malusar Road, Ajmer, District Ajmer (Raj.). 35. Anoop Kumar S/o Prahlad Singh, Aged About 29 Years, R/o Vpo Panethi, District Aligarh (U.p.) 36. Ashok Kumar S/o Sh. Shrichand, Aged About 39 Years, R/o Vpo Churela, Tehsil Malsisar, District Jhunjhunu (Raj.). 37. Buddhi Prakash Jatolia S/o Heera Lal Raigar, Aged About 31 Years, R/o Vpo Renwal Manji, Tehsil Phagi, District Jaipur (Raj.). 38. Deepak Kumar Saini S/o Jagdish Prasad Saini, Aged About 29 Years, R/o Mata Ji Ki Dhani, Ward No.1, Tehsil Nawalgarh, District Jhunjhunu (Raj.). 39. Gajendra Sharma S/o Bajrang Sharma, Aged About 37 Years, R/o Gali No.1, Kabeer Nagar, Lohagal, Janana Hospital Road, Ajmer, District Ajmer (Raj.). 40. Gaurav Kumar Sharma S/o Bhoop Prakash, Aged About 34 Years, R/o - C/o Hotilal Sharma, House No.2/801, Begum Bag, District Aligarh (U.p.). 41. Jagdish Prasad Shakyawar S/o Gopal Sharan, Aged About 47 Years, R/o 1006/10, Patthar Wali Gali, Dr. Shukla [2026:RJ-JP:3655] (6 of 11) [CW-9525/2019] Newas Lane, In Front Panna Gurjar House, Ramganj, Ajmer, District Ajmer (Raj.). 42. Jitendra Verma S/o Rampal Bunkar, Aged About 31 Years, R/o Mavaliya Ki Dhani, Village Kishanpura, Tehsil Chomu, District Jaipur (Raj.). 43. Kapil S/o Rajendra Singh, Aged About 30 Years, R/o C-16 Basant Vihar, Jhunjhunu, District Jhunjhunu (Raj.). 44. Kumod Kumar Sharma S/o Shyamji Lal Sharma, Aged About 44 Years, R/o 20-C, Janakpuri, Maholi Road, Mathura, District Mathura (U.p.). 45. Manish Tailor S/o Girdhari Lal Tailor, Aged About 37 Years, R/o Plot No.82, Laxmi Nagar, Brahampuri Road, Jaipur, District Jaipur (Raj.). 46. Mukesh Chand Sherawat S/o Laxman Sherawat, Aged About 30 Years, R/o Vpo Devgudha Via Jahota, Tehsil Amer, District Jaipur (Raj.). 47. Mukesh Kumar S/o Moti Lal, Aged About 40 Years, R/o Ward No.5, Near Satyanarayan Temple, Kuti, Bandikui, District Dausa (Raj.). 48. Narendra Danwar S/o Sanwar Mal Soni, Aged About 36 Years, R/o 69, Jagannath Puri-A, Near Vaid Ji Choraha, Niwaru Road, Jaipur, District Jaipur (Raj.). 49. Pradeep Parihar S/o G.d. Parihar, Aged About 30 Years, R/o House No.15, Revenue Colony, Near Mds University, Kayad Road, Ajmer, District Ajmer (Raj.). 50. Narendra Singh Beniwal S/o Jagveer Singh Beniwal, Aged About 29 Years, R/o Plot No.62, Behind Anokhi Hotel, New Anand Nagar, Bharatpur, District Bharatpur (Raj.). 51. Rajesh Kumar Yadav S/o Lal Chand Yadav, Aged About 31 Years, R/o Near Govt. Hospital, Tehsil-Ki Renwal, District Jaipur (Raj.). 52. Rakesh Kumar Naga S/o Ram Lal Kumawat, Aged About 37 Years, R/o Ward No.1, Nagon Ka Mohalla, Jobner, District Jaipur (Raj.). 53. Randheer Singh S/o Ram Lal Singh, Aged About 38 Years, R/o Village Dantujala, Post Bhumabada Via Jajod, Tehsil Laxmangarh, District Sikar (Raj.). 54. Sanjay Panwar S/o Sanwar Mal Panwar, Aged About 39 [2026:RJ-JP:3655] (7 of 11) [CW-9525/2019] Years, R/o H-8, Gali No.1, New Colony North, Loharu Road, Ward No.22, Post Pilani, District Jhunjhunu (Raj.). 55. Sunil Kumar Kumawat S/o Deva Ram Kumawat, Aged About 29 Years, R/o Vpo Khandel, Tehsil Phulera, District Jaipur (Raj.). 56. Vaseem Ahmad S/o Mohammed Saleem, Aged About 37 Years, R/o Tal Wale, Niwai, District Tonk (Raj.). 57. Vijay Singh S/o Harsahay Kakoria, Aged About 31 Years, R/o Village Gordhanpura, Post Nayabass, Tehsil Neem Ka Thana, District Sikar (Raj.). 58. Dinesh Kumar Sawlani S/o Ashok Sawlani, Aged About 33 Years, R/o D-215, Street No.11, Kushum Vihar, Jagatpura, Jaipur (Raj.). 59. Mahesh Kumar Mandia S/o Deep Chand Mandiya, Aged About 31 Years, R/o 2704, M.s.b. Ka Rasta, 5Th Crossing, Koli Mohalla, Johri Bazar, Jaipur, District Jaipur (Raj.). 60. Smt. Ruchi Gupta D/o Ramesh Chand Gupta, Aged About 34 Years, R/o A-125, Nirmal Vihar, Dadi Ka Fatak, Bainad Road, Jaipur, District Jaipur (Raj.). 61. Sankalp Trivedi S/o Ashok Kumar Trivedi, Aged About 30 Years, R/o B-54, Murlipura Scheme, Jaipur, District Jaipur (Raj.). 62. Subhash Chander Saini S/o Keshar Dev Saini, Aged About 37 Years, R/o Saini Sadan, Hukam Pura Road, Todi, Guda Garji Ka, Tehsil Udaipur Wati, District Jhunjhunu (Raj.). 63. Smt. Varsha Pareek D/o Ramji Lal Pareek, Aged About 41 Years, R/o 222, Green Park-Ii, Benad Road, Jhotwara, Jaipur, District Jaipur (Raj.). 64. Vishnu Nagoria S/o Jagdish Narayan Lakhera, Aged About 37 Years, R/o Near Gayatri Mandir, Village Watika, Tehsil Sanganer, District Jaipur (Raj.). 65. Ravindra Singh Rathore S/o Hawa Singh Rathore, Aged About 36 Years, R/o Near Hawai Patti, Ward No.11, District Jhunjhunu (Raj.). 66. Smt. Garima Agarwal D/o Prahlad Narayan Agarwal, Aged About 34 Years, R/o 783, B.k. Kaul Nagar, District Ajmer (Raj.). 67. Anurag Sulania S/o Rodu Ram Sulania, Aged About 30 [2026:RJ-JP:3655] (8 of 11) [CW-9525/2019] Years, R/o C-24, Bajaj Nagar, Jaipur, District Jaipur (Raj.). ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary (Admn.) Cum Commissioner, Department Of Information Technology And Communication, Government Of Rajasthan, Jaipur, Rajasthan. 2. Technical Director And Ex-Officio Joint Secretary, Department Of Information Technology And Communication, Government Of Rajasthan, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad Mr. Ashindra Gautam For Respondent(s) : Mr. Rahul Gupta for Mr. B.S. Chhaba, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/01/2026 1. S.B. Civil Writ Petition No. 9525/2019 is preferred with following prayer:- It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:- 1. The action-omission on the part of respondents in not treating the services of the petitioners at par with the persons given appointments vide order dated 14.09.2013 in pursuance of the advertisement dated 25.04.2013 (Annx. 1) may be declared arbitrary and illegal. 2. The respondents may be directed to treat the service of the petitioners at par with the candidates given appointments vide order dated 14.09.2013 in pursuance of the advertisement dated 25.042013 (Annx. 1) and accordingly respondents be directed to grant all consequential and notional benefits for all practical purposes and delay on the part of the respondents in issuing appointment order to the petitioners may be ordered not to come in the way of [2026:RJ-JP:3655] (9 of 11) [CW-9525/2019] the petitioners in getting the consequential benefits, in the interest of justice. 3. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner. 4. Cost of writ petition may be awarded in favour of the petitioner. 1.1 S.B. Civil Writ Petition No. 11703/2021 is preferred with following prayer:- I. Quashed and set aside the order dated 02.07.2020 passed by the respondents by which representations submitted by the petitioners in compliance of order passed by this Hon'ble Court have been rejected. II. The representations submitted by the petitioners in compliance of the orders passed by this Hon'ble Court may kindly be allowed. III. By an appropriate writ, order and direction, respondents may kindly be directed to give all Service Benefits on Notional Basis to the petitioners on the post of Informatics Assistant in comparison to the other selected candidates/persons who were given appointment vide order dated 14.09.2013 in the same recruitment process of Informatics Assistants Competitive Examination – 2013. IV. By an appropriate writ, order or direction, the respondents may kindly be directed to grant all Service Benefits on Notional Basis while treating the petitioners in service w.e.f. 14.09.2013. V. By an appropriate writ, order or direction, the respondents may kindly be directed to grant all future service benefits while treating them in service w.e.f. 14.09.2013 while making appropriate pay fixation accordingly. VI. 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. VII. Writ petition filed by the petitioners may kindly be allowed with costs. 2. Learned counsel for petitioners while placing reliance upon order dated 29.05.2023 in Bharat Rana and Ors. Vs. State of Rajasthan and Anr. (S.B. Civil Writ Petition No. 10165/2022) and order dated 10.07.2023 in S.B. Civil Writ Petition No. 8761/2023, Kamal Kishore and Ors. Vs. State of Rajasthan and Anr. submits that identical issues waere considered and [2026:RJ-JP:3655] (10 of 11) [CW-9525/2019] decided by a Co-ordinate Bench of this Hon’ble Court at Principal seat, Jodhpur. 3. Learned counsel appearing on behalf of Mr. Basant Singh Chhaba, AAG submits that petitioners may submit a representation in light of these judgments and same shall be examined by the department. 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 Bharat Rana and Ors. Vs. State of Rajasthan and Anr. (supra) and Kamal Kishore and Ors. Vs. State of Rajasthan and Anr. (supra). 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 grounds indicating their grievances and the respondents-Authority are directed to consider the representation in light of ratio laid down in case of Bharat Rana and Ors. Vs. State of Rajasthan and Anr. (supra) and Kamal Kishore and Ors. Vs. State of Rajasthan and Anr. (supra), but in case of deviation decide the representation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After 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. 6. Needless to say that if, ratio is applicable upon facts of the case as claimed by the petitioners, then same benefits be extended to them within 90 days. [2026:RJ-JP:3655] (11 of 11) [CW-9525/2019] 7. With the aforesaid directions, these writ petitions with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MONU /116-117