SUSHILA LAKHIWAL, D/O PARMANAND VERMA W/O SUBHASH CHANDRA VERMA v. STATE OF RAJASTHAN
CW/9747/2026 · 2026-05-27
Anand Sharma V J
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8508 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8508 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:22741] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9747/2026 Sushila Lakhiwal, D/o Parmanand Verma W/o Subhash Chandra Verma, Aged About 33 Years, R/o A- Pratap Vihar Govindpura, Niwaru Link Road Govindpura, Jhotwada Jaipur Rajasthan 302012 ----Petitioner Versus
1. State Of Rajasthan, Through The Secretary Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.
2. The Director, Secretary Education, Bikaner, District Bikaner, Rajasthan ----Respondents For Petitioner(s) : Mr. Udit Sharam For Respondent(s) : Mr. Devansh Sharma, Dy. GC HON'BLE MR. JUSTICE ANAND SHARMA
Order 27/05/2026
1.
Learned counsel appearing for both the parties jointly submitted that the issue involved in this writ petition is squarely covered by the order dated 22.01.2026 passed by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur in the case of Kirodi Lal Meena Vs. State Of Rajasthan & Anr. in S.B. Civil Writ Petition No. 339/2026, whereby writ petition filed by the petitioner therein was allowed in following manner:-
"11. The learned counsel appearing for the respondents tried to justify the action of the respondents in extending unequal benefit of granting one annual grade increment is mainly based on the Circular issued by the Department of Finance dated 30.09.2017. A perusal of the Circular makes it clear the same is contrary to the settled/established principles of law and also against the spirit of Article 14 of the Constitution of
[2026:RJ-JP:22741] (2 of 2) [CW-9747/2026] India. There cannot be two different dates of joining for the purpose of granting of increments to the employees selected and appointed in the same recruitment
process. Such
discrimination committed by the respondents is unsustainable even if the same is based on the circular of the Finance Department. The respondents should have ignored the provisions of the Circular in the matter of granting annual grade increments. 14. In the result, the writ petitions are allowed. The actions of respondents in unequal fixation of pay among the persons selected and appointed in the same recruitment process based on their dates of joining are set aside. The respondents have to treat all such candidates as a single unit for grant of annual grade increments whether, they have joined prior to 30.06.2017 or subsequent to
30.06.2017. Any anomaly arising due to adoption of such improper dates of joining for the purpose of granting one annual grade increment among the candidates appointed in the same recruitment shall be rationalized and shall be corrected. For this purpose, if any correction is required to be carried out by the respondents, they may make necessary corrections in their official records in the matter of grant of annual grade increment after giving notice to affected parties. The respondents are directed to carry out the needful exercise after hearing all the parties concerned, within a period of one month from the date of receipt of a copy of this order."
2.
In view of above consensus arrived at between learned counsel for the parties, this Court deems it just and proper to allow this writ petition in the same terms and with the same directions as given in the case of Kirodi Lal Meena (supra). 3. Pending application(s), if any, shall also stand disposed of. (ANAND SHARMA),J DIVYA /529