Rajasthan High Court - JodhpurGovind Lal Mali vs The State Of Rajasthan ... on 17 February, 2023Author:Pushpendra Singh BhatiBench:Pushpendra Singh Bhati[2023/RJJD/005663]                  (1 of 14)                        [CW-1017/2022]\n\n\n      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT\n                       JODHPUR\n                 S.B. Civil Writ Petition No. 1017/2022\n\nRadheshyam Sharma S/o Shri Surajmal Sharma, Aged About 66\nYears, Resident Of Vpo Ropan Via Pander, Tehsil Jahajpur District\nBhilwara (Raj.) Date Of Initial Appointment 22/11/1979 As Peon.\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.)\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n4.       District Education   Officer  (Secondary),     Education\n         Department, Govt. Of Rajasthan, Bhilwara (Raj.)\n5.       District Education Officer (Elementary), Education\n         Department, Govt. Of Rajasthan, Bhilwara (Raj.)\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.)\n                                                                 ----Respondents\n                              Connected With\n                 S.B. Civil Writ Petition No. 972/2022\nChhotu Lal Nai S/o Ganesh Ram Nai, Aged About 69 Years, Vpo\nRam Nagar, Shahpura, Tehsil Shahpura, District Bhilwara 9Raj.),\nDate Of Initial Appointment 15/07/1977 As Peon\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education   Officer  (Secondary),     Education\n         Department, Govt. Of Rajasthan, Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Education\n         Department, Govt. Of Rajasthan, Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1019/2022\nChandra Prakash Ojha S/o Shri Mohan Lal Ojha, Aged About 66\nYears, Resident Of Charnon Ki Gali, Phuliya Gate, Shahpura,\n\n\n                     (Downloaded on 23/02/2023 at 11:36:59 PM)\n [2023/RJJD/005663]                  (2 of 14)                        [CW-1017/2022]\n\n\nDistrict Bhilwara (Raj.) Date Of Initial Appointment 28/02/1980\nAs Peon.\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n4.       District Education   Officer  (Secondary),     Education\n         Department, Govt. Of Rajasthan, Bhilwara (Raj.)\n5.       District Education Officer (Elementary), Education\n         Department, Govt. Of Rajasthan, Bhilwara (Raj.)\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.)\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1056/2022\nRam Prasad S/o Dhanadas Veragi, Aged About 66 Years,\nResident Of Village Tithodi, Via Pander, Tehsil Jahajpur, District\nBhilwara (Raj.) Date Of Initial Appointment 14.01.1997 As Peon.\n                                                                    ----Petitioner\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education   Officer  (Secondary),     Education\n         Department, Govt. Of Rajasthan, Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Education\n         Department, Govt. Of Rajasthan, Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1446/2022\nRameshwar Lal Sharma S/o Shri Bhura Lal Sharma, Aged About\n65 Years, Village And Post Baghudar, Via Pander, Tehsil Jahajpur,\nDistrict Bhilwara (Raj.) Dated Of Initial Appointment 25/07/1975\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary , Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Dierctor, Secondary Education, Education Department,\n\n                     (Downloaded on 23/02/2023 at 11:36:59 PM)\n [2023/RJJD/005663]                  (3 of 14)                        [CW-1017/2022]\n\n\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1449/2022\nRampyar Sadhu S/o Shri Mangi Das Sadhu, Aged About 59\nYears, Resident Of Village - Bhiladi, Post Tithodi, Tehsil Jahajpur,\nDistrict Bhilwara (Raj.), Date Of Initial Appointment 28/02/1980\nAs Peon\n                                                                    ----Petitioner\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.)\n2.       Director, Secondary Education Department, Government\n         Of Rajasthan, Bikaner (Raj.)\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n4.       District Education Officer (Secondary), Bhilwara (Raj.)\n5.       District Education Officer (Elementary), Bhilwara (Raj.)\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1860/2022\nGovind Lal Mali S/o Shri Madhu Lal Mali, Aged About 59 Years,\nResident Of Vpo Amarwasi, Tehsil Jahajpur District Bhilwara\n(Raj.) Date Of Initial Appointment 16.12.1985 As Peon And From\n01.7.2016 Promoted To L.d.c.\n                                                                    ----Petitioner\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1871/2022\nPrakash Chandra Meena S/o Shri Kalyan Mal Meena, Aged About\n60 Years, Resident Of Vpo Rawatkheda, Tehsil Jahajpur, District\nBhilwara (Raj.), Date Of Initial Appointment 11/04/1981 As\n\n\n                     (Downloaded on 23/02/2023 at 11:36:59 PM)\n [2023/RJJD/005663]                  (4 of 14)                        [CW-1017/2022]\n\n\nPeon.\n                                                                    ----Petitioner\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner. (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner. (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1882/2022\nSoji Ram Rebari S/o Shri Ratan Lal, Aged About 62 Years, Vpo\nRawatkheda, Tehsil Jahajpur, District Bhilwara (Raj.) Date Of\nInitial Appointment 01-05-1985 As Peon And From 04-08-2018\nPromoted To L.d.c.\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education Department, Government\n         Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1901/2022\nPrahlad Meena S/o Shri Chaturbhuj Meena, Aged About 63\nYears, Resident Of Village Ramgarh, Post Rawatkheda, Tehsil\nJahajpur, District Bhilwara (Raj.) Date Of Initial Appointment\n19.12.1985 As Peon.\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education Department, Government\n         Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n\n\n                     (Downloaded on 23/02/2023 at 11:36:59 PM)\n [2023/RJJD/005663]                  (5 of 14)                        [CW-1017/2022]\n\n\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1902/2022\nRam Dev Meena S/o Shri Jagan Nath Meena, Aged About 55\nYears, Resident Of Vpo Tikar, Tehsil Jahajpur, District Bhilwara\n(Raj.), Date Of Initial Appointment 01.05.1985 As Peon And\nFrom 04.08.2018 Promoted To L.d.c.\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.)\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 1970/2022\nLaxman Lal Mali S/o Shri Babu Lal Mali, Aged About 54 Years,\nResident Of Vpo Amargarh, Tehsil Jahajpur, District Bhilwara\n(Raj.), Date Of Initial Appointment 14.12.1985 As Peon And\nFrom 13.07.2019 Promoted To L.d.c.\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 2036/2022\nKishan Lal Meena S/o Shri Mangi Lal Meena, Aged About 56\nYears, Resident Of Village And Post Sarsiya, Tehsil Jahajpur,\nDistrict Bhilwara (Raj.) Date Of Initial Appointment 04.06.1984\nAs Peon And From 18.07.2017 Promoted To L.d.c.\n                                                                    ----Petitioner\n\n\n                     (Downloaded on 23/02/2023 at 11:36:59 PM)\n [2023/RJJD/005663]                  (6 of 14)                        [CW-1017/2022]\n\n\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 2117/2022\nBhoj Singh Meena S/o Shri Mangi Lal, Aged About 62 Years,\nResident Of Village Tikad, Tehsil Jahajpur, District Bhilwara\n(Raj.), Date Of Initial Appointment 27.02.1984 As Peon And\nFrom 11.07.2019 Promoted To L.d.c.\n                                                                    ----Petitioner\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 2221/2022\nLalu Ram Meena S/o Shri Mangi Lal Meena, Aged About 64\nYears, Resident Of Vpo Karadiya (Barda), Tehsil Jahajpur, District\nBhilwara (Raj.), Date Of Initial Appointment 25.09.1981 As Peon.\n                                                                    ----Petitioner\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n\n\n                     (Downloaded on 23/02/2023 at 11:36:59 PM)\n [2023/RJJD/005663]                  (7 of 14)                        [CW-1017/2022]\n\n\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 2249/2022\nLakhma Ram Meena S/o Shri Teju Ram Meena, Aged About 63\nYears, Resident Of Village Bharatkheda, Post Sarsiya, Tehsil\nJahajpur, District Bhilwara (Raj.), Date Of Initial Appointment\n08/06/1985 As Peon.\n                                                                    ----Petitioner\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 2290/2022\nKhemraj Meena S/o Shri Debiram, Aged About 62 Years,\nResident Of Village Luhari Kalla, Tehsil Jahajpur, District Bhilwara\n(Raj.), Date Of Initial Appointment 20.02.1984 As Peon.\n                                                                    ----Petitioner\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 2429/2022\nRam Singh S/o Shri Chhotu Ram Meena, Aged About 57 Years,\nResident Of Village Chhalila Ka Kheda, Post Kuradiya, Tehsil\nJahajpur, District Bhilwara (Raj.) Date Of Initial Appointment\n18/01/1982 As Peon\n                                                                    ----Petitioner\n                                    Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n\n\n                     (Downloaded on 23/02/2023 at 11:36:59 PM)\n [2023/RJJD/005663]                  (8 of 14)                        [CW-1017/2022]\n\n\n         Department, Secretariat, Jaipur (Raj.)\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n4.       District Education Officer (Secondary), Bhilwara (Raj.)\n5.       District Education Officer (Elementary), Bhilwara (Raj.)\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 3079/2022\nChand Devi Sharma W/o Tejpal Sharma, Aged About 62 Years,\nH.no.61, Gandhi Nagar, Behind Of Telephone Exchange,\nGulabpura, District Bhilwara (Raj.), Date Of Initial Appointment\n12/02/1980 As Peon\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through The Secretary, Education\n         Department, Secretariat, Jaipur (Raj.)\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n4.       District Education Officer (Secondary), Bhilwara (Raj.)\n5.       District Education Officer (Elementary), Bhilwara (Raj.)\n6.       Joint Director, Pension And Pensioners                     Department,\n         Government Of Rajasthan, Ajmer (Raj.)\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 3185/2022\nRamprasad Rawal S/o Shri Shree Lal, Aged About 59 Years,\nResident Of Village Harshlo Ka Kheda, Post Bhagunagar, Tehsil\nJahajpur, District Bhilwara (Raj.). Date Of Initial Appointment\n07.11.1984 As Peon\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.)\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.)\n4.       District Education Officer (Secondary), Bhilwara (Raj.)\n5.       District Education Officer (Elementary), Bhilwara (Raj.)\n6.       District Education Officer (Elementary), Bundi (Raj.)\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 3186/2022\n\n                     (Downloaded on 23/02/2023 at 11:36:59 PM)\n [2023/RJJD/005663]                  (9 of 14)                        [CW-1017/2022]\n\n\nPrem Devi Sen W/o Shri Santosh Kumar Sen, Aged About 73\nYears, Apna Ghar, Opposite New Bus Stand, Shahpura, District\nBhilwara (Raj.), Date Of Initial Appointment 12/02./1980 As\nPeon\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 3611/2022\nBardi Chand Regar S/o Shri Chhitar Lal Regar, Aged About 66\nYears, Village - Ram Nagar, Post Amarwasi, Tehsil Jahajpur,\nDistrict Bhilwara (Raj.), Date Of Initial Appointment 24.02.1984\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Seconadry), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                 S.B. Civil Writ Petition No. 4106/2022\nPrabhu Lal Regar S/o Shri Lalu Ram Regar, Aged About 62 Years,\nVillage Piplund, Tehsil Jahajpur, District Bhilwara (Raj.). Date Of\nInitial Appointment 11/05/1984 As Peon\n                                                                    ----Petitioner\n                                    Versus\n1.       State Of Rajasthan, Through Secretary,                        Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n\n\n                     (Downloaded on 23/02/2023 at 11:36:59 PM)\n [2023/RJJD/005663]                 (10 of 14)                        [CW-1017/2022]\n\n\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n                S.B. Civil Writ Petition No. 12304/2022\nRamswaroop S/o Shri Nanda Ramji Nai, Aged About 66 Years,\nResident Of Village Gadbodiya, Post Khajuri, Tehsil Jahajpur,\nDistrict Bhilwara (Raj.) Date Of Initial Appointment 08.01.1981\nAs Peon.\n                                                                    ----Petitioner\n                                     Versus\n1.       The State Of Rajasthan, Through Secretary, Education\n         Department, Secretariat, Jaipur (Raj.).\n2.       Director, Secondary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n3.       Director, Elementary Education, Education Department,\n         Government Of Rajasthan, Bikaner (Raj.).\n4.       District Education Officer (Secondary), Bhilwara (Raj.).\n5.       District Education Officer (Elementary), Bhilwara (Raj.).\n6.       Joint Director, Pension And Pensioner                      Department,\n         Government Of Rajasthan, Ajmer (Raj.).\n                                                                 ----Respondents\n\n\nFor Petitioner(s)         :     Mr. Varda Ram Choudhary.\nFor Respondent(s)         :     Mr. Hemant Choudhary.\n                                Mr. Ravi Panwar.\n                                Ms. Bhawna Jangid.\n\n\n\n      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATIOrder\n\n17/02/2023\n\n      Learned counsel for the respondents submits that the\n\ncontroversy is squarely covered by the order passed by a\n\ncoordinate Bench of this Hon'ble Court in Jai Prakash Vs. State\n\nof    Rajasthan       &       Ors.       (S.B.        Civil      Writ    Petition(Downloaded on 23/02/2023 at 11:36:59 PM)[2023/RJJD/005663]                   (11 of 14)                    [CW-1017/2022]\n\n\n\nNo.3629/2018), decided alongwith other connected matters on\n\n22.03.2022, the relevant portion of which reads as follows:"Heard the parties and perused the material available\n     on record.A bare perusal of the grounds raised in the petitions\n     makes it clear that the present petitions have been filed by\n     the petitioners on the sole ground that as Meera Devi,\n     similarly situated person, has been granted regularization\n     w.e.f the date of her initial appointment the same may be\n     granted to them also. It is clear on record that services of\n     the petitioners were regularized way back between years\n     1991-94, and no such grievance was ever raised by the\n     petitioners even till the date of their retirement (in case\n     where the petitioner had retired). Only when orders for\n     pension in the case of Meera Devi, calculating the same on\n     the basis of initial date of appointment were issued, the\n     present petitioners too decided to raise their claim for first\n     time in the year 2017 vide a notice which was served on\n     the respondent-authorities.In the case ofNew Delhi Municipal Council Vs. Pan\n     Singh & Ors.; (2007) 9 Supreme Court Cases 278, the\n     Hon'ble Apex Court has held that a person, who did not\n     choose to challenge a specific order at the relevant point of\n     time and challenged the same only after the relief was\n     granted to a similarly situated employee, cannot be granted\n     the same benefit. The Hon'ble Apex Court held as under:"16. There is another aspect of the matter which cannot be\n       lost sight of. Respondents herein filed a Writ Petition after 17\n       years. They did not agitate their grievances for a long time. They,\n       as noticed herein, did not claim parity with the 17 workmen at\n       the earliest possible opportunity. They did not implead\n       themselves as parties even in the reference made by the State\n       before the Industrial Tribunal. It is not their case that after 1982,\n       those employees who were employed or who were recruited after\n       the cut-off date have been granted the said scale of pay.After\n       such a long time, therefore, the Writ Petitions could not have\n       been entertained even if they are similarly situated. It is trite that\n       the discretionary jurisdiction may not be exercised in favour of\n       those who approach the Court after a long time. Delay and laches\n       are relevant factors for exercise of equitable jurisdiction. SeeGovt. of W.B. v. Tarun K. Roy And Others[(2004) 1 SCC 347],\n       Chairman, U.P. Jal Nigam & Anr. v. Jaswant Singh And Anr.[2006\n       (12) SCALE 347] and Karnataka Power Corpn. Ltd. through its\n       Chairman & Managing Director and Another v. K. Thangappan\n       and Another [(2006) 4 SCC 322]."(Downloaded on 23/02/2023 at 11:36:59 PM)[2023/RJJD/005663]                  (12 of 14)                    [CW-1017/2022]\n\n\n           So far as the claim of the petitioners for regularization\n     of their services w.e.f the date of initial appointment is\n     concerned, this Court is not inclined to interfere with the\n     same because of a gross delay of 25 years being caused in\n     raising the said claim.So far as the other judgments cited by the counsel for\n     the petitioners in support of the submissions regarding the\n     regularization of the petitioners are concerned, there is no\n     dispute pertaining to the ratio as laid down in the said\n     judgments. But as this Court is not inclined to interfere in\n     the present matters qua the relief of regularization on the\n     ground of gross delay, the said judgments are not required\n     to be dealt with in the present matter.      So far as the\n     case of petitioners who have since retired and pray for\n     calculation of the pensionary and gratuity benefits from the\n     date of initial appointment are concerned, the ground raised\n     by the counsel for the petitioners is found to be tenable.\n     Rule 12 of the Rules of 1996 defines qualifying services as\n     under:"12. Commencement of qualifying service (a) Except for\n       compensation gratuity, a Government servant's service does not\n       qualify till he has completed eighteen years of age. (b) Subject to\n       the provisions of these rules, the qualifying service of a\n       Government servant shall commence from the date he takes over\n       charge of the post to which he is first appointed, either\n       substantively or in an officiating or temporary capacity."Section 2(c) of the Act of 1972 defines 'continuous\n     service' as under:"2(c) "continuous service" means continuous service as\n       defined in section 2A;"Section 2A(1) of the Act of 1972 reads as under:"2A. Continuous service.--For the purposes of this Act--(1) an employee shall be said to be in continuous service for a\n       period if he has, for that period, been in uninterrupted service,\n       including service which may be interrupted on account of\n       sickness, accident, leave, absence from duty without leave (not\n       being absence in respect of which an order treating the absence\n       as break in service has been passed in accordance with the\n       standing orders, rules or regulations governing the employees of\n       the establishment), lay-off, strike or a lock-out or cessation of\n       work not due to any fault of the employee, whether such\n       uninterrupted or interrupted service was rendered before or after\n       the commencement of this Act;"In view of the above provisions, it is clear that the\n     remaining 14 petitioners who have since retired, having\n     completed their qualifying services, were entitled for(Downloaded on 23/02/2023 at 11:36:59 PM)[2023/RJJD/005663]                      (13 of 14)                            [CW-1017/2022]\n\n\n     calculation of pensionary and gratuity benefits w.e.f. the\n     date of initial appointment.In the case ofShree Gopal Gaur Vs. State of\n     Rajasthan        &   Ors.;   S.B. Civil  Writ    Petition\n     No.11839/2016, while relying upon the judgment passed\n     inKeshrimal Soni Vs. State & Ors.; S.B.C.W.P.\n     No.4743/2004, the Coordinate Bench of this Court held as\n     under:"I have considered the submissions made by learned\n       counsel for the parties and have perused the material available\n       on record. Provisions of Rule 12(b) of the Rules of 1996 read as\n       under:-"Rule 12. Commencement of qualifying service(a) Except for compensation gratuity, a Government servant's\n          service does not qualify till he has completed eighteen years of age.(b) Subject to the provisions of these Rules, the qualifying service\n          of a Government servant shall commence from the date he takes over\n          charge of the post to which he is first appointed, either substantively or in\n          an officiating or temporary capacity."A bare perusal of Clause (b) of Rule 12 indicates that\n     qualifying service of a Government servant shall commence\n     from the date he takes charge on the post, for which, he is\n     first appointed, either substantively or in an officiating or\n     temporary capacity.The term temporary post has been defined in Rule\n     7(35) of the Rajasthan Service Rules, 1951 ('Rules of\n     1951'), which reads as under:-"Temporary post - means a post carrying a definite rate of\n       pay sanctioned for a limited time."The order of appointment of the petitioner dated\n     09.05.1985 reads as under:-"dk;kZy; vkns'k\n                     fu;kstu dk;kZy; ds lwph esa ls fuEufyf[kr vk'kkfFkZ;ksa dh\n            izfrfnu vf/kdre 234@& izfrekg dk;Zxzg.k djus dh frfFk ls muds\n            uke ds lEeq[k vafdr fo~|ky; esa fu;qDr fd;k tkrk gS ;s fu;qfDr;ka\n            iw.kZr;k vLFkk;h gSA fcuk uksfVl budh lsok;sa lekIr dh tk ldrh gSA\n            nSfud HkRrs ij dh xbZ lsok;sa fu;fer jkT; deZpkjh in izkIr djus dk\n            vk/kkj ugha ekuk tk;sxkA bUgsa inLFkkiu LFkku ij fnukad 16-5-85 rd\n            dk;Zxzg.k djuk gksxkA vU;Fkk fu;qfDr vkns'k Lor% gh fujLr le>s\n            tk;saxsA laLFkk iz/kku buds dk;Z ,oa O;ogkj ls lacaf/kr fVIi.kh izfr ekg\n            dh mifLFkfr ds lkFk lacaf/kr vf/kdkjh dks izsf"kr djsaxsA "A perusal of the terms above would clearly indicate\n     that the petitioner was granted appointment on temporary(Downloaded on 23/02/2023 at 11:36:59 PM)[2023/RJJD/005663]                   (14 of 14)                           [CW-1017/2022]\n\n\n                                          post and once the appointment has been made on\n                                          temporary post, in terms of Rule 12(b) of the Rules of\n                                          1996, the petitioner is entitled to get the said period\n                                          counted towards his qualifying service."In view of the ratio aslaid down inthe case ofKeshrimal Soni and Shree Gopal Gaur(supra), and the\n                                          observations made herein above, this Court is of the\n                                          opinion that the petitioners who have retired are\n                                          entitled for calculation of their pension and gratuity\n                                          benefits from the date of initial appointment in service.In view of the same, so far as the following 14\n                                          petitioners who have since retired, their writ petitions\n                                          are partly allowed. The respondents are directed to\n                                          take into consideration the initial date of appointment\n                                          of the 14 retired petitioners for the purpose of\n                                          calculating their qualifying service and grant them\n                                          consequential benefits qua pension and gratuity in\n                                          accordance with law: .......Needful be done by the respondent-authorities\n                                          within a period of three months of receipt of copy of\n                                          this order......."Accordingly, the present writ petitions and stay\n\n                                   petitions are     also disposed of in the same terms and the\n\n                                   respondents are directed to consider the case of the\n\n                                   petitioners, keeping into consideration the order passed by\n\n                                   this    Court    in   Jai   Prakash             (supra).           All   pending\n\n                                   applications stand disposed of.(DR.PUSHPENDRA SINGH BHATI), J.3-26-Jitender(Downloaded on 23/02/2023 at 11:36:59 PM)Powered by TCPDF (www.tcpdf.org)