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S.B.C.W.P NO.4353/2015
Jaswant Singh. Vs. State of Rajasthan & Ors.
And other 55 connected writ petitions

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

ORDER

1 S.B.C.W.P NO.4353/2015 JASWANT SINGH Vs. STATE & ORS

2 S.B.C.W.P NO.2975/2015 RAKESH CHANDRA Vs. STATE OF RAJ. & ORS.

3 S.B.C.W.P NO.3952/2015 MURARI LAL SAIN Vs. STATE OF RAJ. & ORS.

4 S.B.C.W.P NO.3954/2015 MUKESH KUMAR SHARMA Vs. STATE OF RAJ. & ORS.

5 S.B.C.W.P NO.5289/2015 SANTOSH KANWAR Vs. STATE OF RAJ. & ORS.

6 S.B.C.W.P NO.4049/2015 DEEP SINGH Vs. STATE OF RAJ. & ORS.

7 S.B.C.W.P NO.4346/2015 RAKESH GADER Vs. STATE OF RAJ. & ORS.

8 S.B.C.W.P NO.4446/2015 KAMLESH KUMARI Vs. STATE OF RAJ. & ORS.

9 S.B.C.W.P NO.6699/2015 ASHOK KUMAR SHARMA & ORS. Vs. STATE & ORS.

10 S.B.C.W.P NO.6658/2015 SUSHEEL KUMAR Vs. STATE & ORS

11 S.B.C.W.P NO.6712/2015 SOHANLAL CHOUDHARY Vs. STATE OF RAJ. & ORS.

12 S.B.C.W.P NO.6714/2015 NAVEEN KUMAR SHARMA Vs. STATE OF RAJ. & ORS.

13 S.B.C.W.P NO.6715/2015 DINESH KUMAR SHARMA Vs. STATE & ORS.

14 S.B.C.W.P NO.6717/2015 SUMER SINGH SAINI Vs. STATE & ORS.

15 S.B.C.W.P NO.6718/2015 SHASHI KANT SHARMA Vs. STATE & ORS.

16 S.B.C.W.P NO.6721/2015 OM PRAKASH MEENA Vs. STATE & ORS.

17 S.B.C.W.P NO.6724/2015 NARAYAN LAL MEENA Vs. STATE & ORS.

18 S.B.C.W.P NO.6725/2015 PAWAN KUMAR Vs. STATE OF RAJ. & ORS.

19 S.B.C.W.P NO.6726/2015 NEERAJ JAIN Vs. STATE & ORS.

20 S.B.C.W.P NO.6727/2015 BABU LAL SHARMA Vs. STATE & ORS.

21 S.B.C.W.P NO.6729/2015 NAVEEN KUMAR Vs. STATE OF RAJ. & ORS.

22 S.B.C.W.P NO.6730/2015 ASHOK KUMAR KUMAWAT Vs. STATE & ORS

23 S.B.C.W.P NO.6731/2015 RATANA RAM Vs. STATE & ORS

24 S.B.C.W.P NO.6733/2015 NITIN KUMAR SHARMA Vs. STATE & ORS

25 S.B.C.W.P NO.6736/2015 PRADUMAN KUMAR SHARMA Vs. STATE & ORS

26 S.B.C.W.P NO.6742/2015 INDERJEET Vs. STATE & ORS

27 S.B.C.W.P NO.6744/2015 CHANDERMOHAN VYAS Vs. STATE & ORS

28 S.B.C.W.P NO.6745/2015 ASHISH SHARMA Vs. STATE & ORS.

29 S.B.C.W.P NO.6904/2015 SAMARTH LAL Vs. STATE & ORS.

30 S.B.C.W.P NO.6905/2015 RITESH SHARMA Vs. STATE & ORS.

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S.B.C.W.P NO.4353/2015
Jaswant Singh. Vs. State of Rajasthan & Ors.
And other 55 connected writ petitions

31 S.B.C.W.P NO.6906/2015 PUNIT AGARWAL Vs. STATE & ORS

32 S.B.C.W.P NO.6969/2015 LOKESH KUMAR SHARMA Vs. STATE & ORS

33 S.B.C.W.P NO.6972/2015 YOGESH KUMAR SHARMA Vs. STATE & ORS

34 S.B.C.W.P NO.6973/2015 PUNIT KUMAR BHARDWAJ Vs. STATE & ORS

35 S.B.C.W.P NO.6975/2015 MAMTA GUPTA Vs. STATE & ORS

36 S.B.C.W.P NO.6976/2015 RAVI KANT GAUR Vs. STATE & ORS

37 S.B.C.W.P NO.6978/2015 PRIYANKA GAUTAM Vs. STATE & ORS

38 S.B.C.W.P NO.6979/2015 RAMESH CHANDRA VERMA Vs. STATE & ORS

39 S.B.C.W.P NO.6980/2015 MAHAVEER PRASAD Vs. STATE OF RAJ. & ORS.

40 S.B.C.W.P NO.6981/2015 ASHOK KUMAR GARG Vs. STATE & ORS

41 S.B.C.W.P NO.6982/2015 NARENDRA KUMAR SHARMA Vs. STATE & ORS.

42 S.B.C.W.P NO.6013/2015 SAROJ AGRAWAL Vs. STATE & ORS.

43 S.B.C.W.P NO.6627/2015 BALDEV RAM Vs. STATE OF RAJ. & ORS.

44 S.B.C.W.P NO.4047/2015 NARVESH KUMAR KIRODIWAL. STATE OF RAJ. & ORS.

45 S.B.C.W.P NO.4048/2015 BHANWARLAL Vs. STATE OF RAJ. & ORS.

46 S.B.C.W.P NO.4364/2015 GAURI SHANKER PANWAR Vs. STATE & ORS.

47 S.B.C.W.P NO.5918/2015 JAMIL AHMED Vs. STATE & ORS.

48 S.B.C.W.P NO.6014/2015 VINOD Vs. STATE & ORS.

49 S.B.C.W.P NO.6041/2015 KAVITA YADAV Vs. STATE & ORS.

50 S.B.C.W.P NO.6607/2015 BANNA LAL BAIRWA Vs. STATE OF RAJ. & ORS.

51 S.B.C.W.P NO.6630/2015 NISHA BHARDAWAJ Vs. STATE & ORS.

52 S.B.C.W.P NO.6632/2015 GANESH NARAYAN CHOUDHARY Vs. STATE & ORS.

53 S.B.C.W.P NO.6654/2015 BHOM SINGH RATHORE Vs. STATE OF RAJ. & ORS.

54 S.B.C.W.P NO.6655/2015 ARJUN LAL SIRADHANA Vs. STATE & ORS

55 S.B.C.W.P NO.6656/2015 SHIVRAJ SINGH Vs. STATE & ORS

56 S.B.C.W.P NO.6657/2015 BABU LAL Vs. STATE & ORS

Date of order : 7.8.2015

HON’BLE MR.JUSTICE SANDEEP MEHTA

Mr.KR Saharan ) for the petitioners.

Mr.SK Verma )
Mr.Vijendra Puri )
Mr.Parvej Moyal )
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S.B.C.W.P NO.4353/2015
Jaswant Singh. Vs. State of Rajasthan & Ors.
And other 55 connected writ petitions

Mr.SS Ladrecha, AAG a/w Mr.Vikas Choudhary, for the

respondents.

Heard learned counsel for the parties and perused the

material available on record.

The petitioners herein are all Teachers Grade-III

Level-I working in the respondent Education department.

They were initially selected on the very same post pursuant

to a selection procedure initiated by the State Government

in the year 2011-12. It appears that numerous disputes

erupted in the said selection process. Litigations were filed

before this Court by a large number of unsuccessful

candidates and even as on date, the controversy regarding

RTET marks is pending consideration before the Hon’ble

Supreme Court. In the meantime, while the matters were

still pending consideration by this Court as well as the

Hon’ble Supreme Court, the respondents initiated yet

another selection procedure for the very same posts in the

year 2013. The petitioners herein felt that in order to

escape complications in their careers which may result from

any modification pursuant to the disposal of the litigation,

they would be better of by trying for a fresh selection

pursuant to the notification issued in the year 2013.

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S.B.C.W.P NO.4353/2015
Jaswant Singh. Vs. State of Rajasthan & Ors.
And other 55 connected writ petitions

All the petitioners claim to have sought permission

from their respective employers and thereafter, appeared in

the selection procedure and were declared successful. They

were given a fixed time limit to join their respective posts

pursuant to their selection under the advertisement of

2013. They prayed their respective authorities to relieve

them. The petitioners claim that the authorities concerned

did not relieve the petitioners but instead advised them to

resign from the post if they were desirous to join the new

assignment. Accordingly, the petitioners submitted their

resignations to the competent authority who accepted the

same.

Initially, there was a dispute regarding the petitioners

not being allowed to join the post. However, thereafter, the

authorities have themselves taken a decision to extend the

joining time for the petitioners and other similarly situated

persons by six months. All the petitioners have joined their

respective posts.

Another set of fresh recruitees alike the petitioners

who were not ready to resign for joining the fresh

assignment approached this Court by filing various writ

petitions. By interim orders, they were allowed to join their

fresh assignments. The writ petitions with the lead case

being S.B. Civil Writ Petition No.2490/2015 (Saroj & Ors.

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S.B.C.W.P NO.4353/2015
Jaswant Singh. Vs. State of Rajasthan & Ors.
And other 55 connected writ petitions

vs. State of Rajasthan & Ors.). came to be decided finally

by this Court by order dated 22.5.2015 with the following

directions :-

“As a result of the aforesaid discussion, the instant

writ petitions deserve to be and are hereby allowed in
the following terms :-
(1) If the petitioners have not been relieved till
date from their earlier assignment for joining
on the post of Teacher Grade-III pursuant to
their selection in the new selection process of
the year 2013, the authorities shall forthwith
relieve them and allow them to join at their
respective fresh posting places. The period of
delay in joining, if any, shall be relaxed with
the outer date being the date of reopening of
the Government schools after the ongoing
summer vacation.
(2) The service put in by the petitioners in their
earlier assignment shall not be counted
towards seniority. Their seniority shall be
counted from the date of joining the post.
(3) This order shall not govern the cases of such
candidates who resigned from the earlier
assignment for joining the new post.
(4) The claim of the petitioners for counting the
length of service in the previous assignment
for the purposes of the service benefits viz.,
regularization, fixation, increments etc. shall
be governed by the applicable Service Rules.”
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S.B.C.W.P NO.4353/2015
Jaswant Singh. Vs. State of Rajasthan & Ors.
And other 55 connected writ petitions

Learned Addl. Advocate General concedes that the

controversy involved in the cases at hand is more or less

covered by the aforesaid directions.

The petitioners herein have raised a grievance that

they are entitled to have their previous service counted as

continuity in their fresh assignment and thus, necessary

directions be issued to that effect.

Learned Addl. Advocate General states that the

question regarding the petitioners’ claim for continuity in

service can only be examined by the competent authority in

each individual case in reference to Rule 25(2) of the

Pension Rules, 1996 and thus, the issue in this regard may

be left open for consideration by the competent authority.

Learned counsel for the petitioners do not object to

this proposition.

As a result of the aforesaid discussion, the instant writ

petitions deserve to be and are hereby allowed in the

following terms :-

(1) In the event, any of the petitioners has still not been

allowed to join on his fresh assignment, the authority

concerned shall forthwith relieve the concerned

candidate and allow him to join on his new assignment

pursuant to his selection under the advertisement of

2013.
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S.B.C.W.P NO.4353/2015
Jaswant Singh. Vs. State of Rajasthan & Ors.
And other 55 connected writ petitions

(2) The service put in by the petitioners in their earlier

assignment shall not be counted towards seniority.

Their seniority shall be counted from the date of

joining the post.

(3) The claim of the petitioners for counting the length of

service in the previous assignment for the purposes of

the service benefits viz., regularization, fixation,

increments etc. shall be governed by the applicable

Service Rules.

(4) The petitioners shall be at liberty to submit an

application to the competent authority for counting

their previous services with reference to Rule 25(2) of

the Pension Rules, 1996. The competent authority

shall consider and decide such prayer by passing

reasoned orders in accordance with the service Rules.

No order as to costs.

A copy of this order be placed in each file.

(SANDEEP MEHTA), J.

/S.Phophaliya/