GEETA MAURYA W/O SUBHASH KUMAR UJJAIN v. STATE OF RAJASTHAN
CW/2706/2026 · 2026-03-28
Nupur Bhati
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4795 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4795 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:13062] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2706/2026
1. Geeta Maurya W/o Subhash Kumar Ujjain, aged about 46 Years, R/o 81 Shiv Colony, Mundiya Ramsar, PO Mundia Rampura District Jaipur
2. Malti Verma W/o Kishan Mahawat, Aged About 50 Years, R/o Near Lalpura, Balaiyon Ki Dhani, Manda Ki Dhani, Pachar Jaipur-303706
3. Pushpa Chandel W/o Gopal Lal, Aged About 50 Years, R/o Plot No. A 10 Patel Nagar Sinwar Jaipur
4. Saroj Sharma W/o Sushil Kumar Sharma, Aged About 45 Years, R/o 31 Mohan Nagar, Purani Basti, Jaipur
5. Kamala Devi W/o Mahendra Singh, Aged About 43 Years, R/o Plot No. 100 Shri Ram Nagar B, Khirni Phatak, Jhotwara Road Jaipur ----Petitioners Versus
1. State of Rajasthan, through its Secretary, Department of Panchayati Raj and Rural Development, Secretariat Government of Rajasthan, Jaipur
2. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan
3. District Education Officer, Elementary Education, Jaipur District Jaipur, Rajasthan ----Respondents For Petitioner(s) : Mr. Tanay Jain For Respondent(s) : None present HON'BLE DR. JUSTICE NUPUR BHATI
Order 28/03/2026
1. The writ petition has been filed by petitioners with the following prayers:
[2026:RJ-JP:13062] (2 of 3) [CW-2706/2026]
"a) The respondents may kindly be directed to grant notional seniority and permanent statute of service to the petitioners on the post of Prabodhak counting intitial appointment of the petitioners' w.e.f. 1.10.2008 as on the said date; the similarly situated and lesser meritorious persons were given appointment. b) The Respondents may kindly be directed to revise pay scale of the petitioners and arrears of salary with interest from the date, the same became due till the date of payment. c) In the alternate and without prejudice to the above, the writ petition of the petitioners may kindly be disposed of in terms of the judgment/order dated 12.02.2015 passed in S.B.C.W. Petition No.5405/2012 Suman Jhanwar & Ors. Vs. Sate of Rajasthan and Ors. and other similar writ petitions. d) Any other appropriate order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioners. e) Costs of the writ petition may be awarded to the petitioner."
2. It is submitted by learned counsel for the petitioners that the issue raised in the present writ petition is squarely covered by
judgment of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan & Ors. : S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur Bench and the said judgment has been followed in Krishan Lal & Ors. v. The State of Rajasthan & Ors. :S.B.C.W.P. No. 19179/2017, decided on 30.10.2017 at Jaipur Bench, and therefore, the petitioners are also entitled to the same relief as granted in the case of Manoj Khandelwal (supra) and Krishan Lal (supra).
3. In view of the submissions made, the writ petition filed by the petitioners is disposed of with the similar directions as given in the case of Manoj Khandelwal (supra), which read as under:-
“This Court in Suman Bai and Another Vs. State and Others – 2009 (1) WLC (Raj.) 381, held that candidates in lower
order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit. It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment
[2026:RJ-JP:13062] (3 of 3) [CW-2706/2026] from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services. The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments. Having regard to the facts of the case, writ petition is
disposed of requiring the petitioners to make a representation to respondent no.2 – Director, Secondary Education, Bikaner, alongwith a copy of this order, who shall, after verifying the
facts stated above, consider and decide the same by a speaking
order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit, are getting benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits.” (DR.NUPUR BHATI),J GARIMA /3