Gopal Lal Joshi and ors Vs. State and ors

Gopal Lal Joshi and ors vs State and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Jul 01, 2014

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Citation: sooperkanoon.com/1154071
Court: Rajasthan Jodhpur High Court
Decided On: Jul 01, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Gopal Lal Joshi and ors

Advocate Dr. Nupur Bhati

Respondent

State and ors

Excerpt

.....this is a joint writ petition by the 28 writ petitioners.who were appointed as teachers in the respondent- education department of the state by the district education officer, bikaner. the initial appointment of the petitioners was on contractual basis, made in the year 1985 to 1987 of various dates. later on, vide the order (annex.4) dated 12.03.2011, the district education officer, bikaner, granted the benefit of seniority to the petitioners from the date of initial appointment on contractual basis but the other financial benefits including grant of selection scale from the date of their re- appointment of various dates of the year 2003, e.g.sh. murlidhar namdharani (serial no.1 in the order dated 12.03.2011, who was re- appointed on 15.07.2003. s.b.civil writ petition no.3868/2014 gopal lal joshi & ors.versus state of rajashan & ors.order dt: 01/07/2014 2/3 3. dr. nupur bhati, learned counsel for the petitioners submitted that even though the financial sanction for grant of selection scale to the petitioners on completion of 9, 18 and 27 years of service, after their re-appointment/regular appointment on 15.07.2003 and other dates of july, 2003, was passed, vide annex.4 dated 12.03.2011 but the actual benefit of grant of firs.selection scale on completion of 9 years of service, has not been given to the petitioners.she further stated at bar that claim of the petitioners is not for counting the said period of 9, 18 and 27 years for grant of selection scale from the date of their initial appointment when they were so appointed on contractual basis in 1985 or so, but only from these dates of the july, 2003, when they were so re-appointed purportedly on a regular basis; and since the period of 9 years after 2003, was completed in the year 2012, the petitioners ought to have been given the benefit of firs.selection scale in the year 2012 itself but the same has not been given as yet. she further stated that the petitioners have been making representations.....

Full Judgment

S.B.Civil Writ Petition No.3868/2014 Gopal Lal Joshi & ORS.versus State of Rajashan & ORS.Order dt: 01/07/2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER

S.B.Civil Writ Petition No.3868/2014 Gopal Lal Joshi & ORS.versus State of Rajashan & ORS.Date of Order ::: 01st July, 2014 PRESENT HON'BLE Dr.

JUSTICE VINEET KOTHARI Appearance: Dr.

Nupur Bhati & Mr.T.S.Rathore for the petitioneRs.-- BY THE COURT: 1.

Heard learned counsel for the petitioneRs.2.

This is a joint writ petition by the 28 writ petitioneRs.who were appointed as Teachers in the respondent- Education Department of the State by the District Education Officer, Bikaner.

The initial appointment of the petitioners was on contractual basis, made in the year 1985 to 1987 of various dates.

Later on, vide the order (Annex.4) dated 12.03.2011, the District Education Officer, Bikaner, granted the benefit of seniority to the petitioners from the date of initial appointment on contractual basis but the other financial benefits including grant of selection scale from the date of their re- appointment of various dates of the year 2003, e.g.Sh.

Murlidhar Namdharani (Serial No.1 in the order dated 12.03.2011, who was re- appointed on 15.07.2003.

S.B.Civil Writ Petition No.3868/2014 Gopal Lal Joshi & ORS.versus State of Rajashan & ORS.Order dt: 01/07/2014 2/3 3.

Dr.

Nupur Bhati, learned counsel for the petitioners submitted that even though the financial sanction for grant of selection scale to the petitioners on completion of 9, 18 and 27 years of service, after their re-appointment/regular appointment on 15.07.2003 and other dates of July, 2003, was passed, vide Annex.4 dated 12.03.2011 but the actual benefit of grant of fiRs.selection scale on completion of 9 years of service, has not been given to the petitioneRs.She further stated at Bar that claim of the petitioners is not for counting the said period of 9, 18 and 27 years for grant of selection scale from the date of their initial appointment when they were so appointed on contractual basis in 1985 or so, but only from these dates of the July, 2003, when they were so re-appointed purportedly on a regular basis; and since the period of 9 years after 2003, was completed in the year 2012, the petitioners ought to have been given the benefit of fiRs.selection scale in the year 2012 itself but the same has not been given as yet.

She further stated that the petitioners have been making representations to the respondents and averments in this regard has been made in para 8 of the writ petition, however, no copy of such representation has been so filed along-with the writ petition, nor the date/s of making such representation have been given in the writ petition.

In these circumstances, and having heard the learned counsel for the petitioneRs.the present writ petition is disposed of with a liberty and direction to the petitioners to make a fresh representation in writing to the respondent No.2, Director, Elementary S.B.Civil Writ Petition No.3868/2014 Gopal Lal Joshi & ORS.versus State of Rajashan & ORS.Order dt: 01/07/2014 3/3 Education Department, Bikaner, within a period of one month from today in the light of aforesaid submissions, the said authority i.e.Director, Elementary Education, Bikaner is expected and requested to decide the representation expeditiously, preferably within a period of one month thereafter after giving an opportunity of hearing to the petitioners or their authorized representative.

If the petitioners are otherwise eligible to be given the benefit of fiRs.selection scale counting the period of 9 years from the date re-appointment/regular appointment of the year 2003 as stated in the Column No.5 of the order (Annex.4) dated 12.03.2011, the petitioners may be granted that relief at the end of the respondent No.2, Director, but if, however, the petitioners are otherwise found to be ineligible and not entitled to the grant of said benefit of fiRs.selection scale, the said respondent No.2, Director, will pass appropriate speaking order giving cogent reasons for the same.

It is needles to add here that if the petitioners are still aggrieved by adveRs.order, if any, passed against them, they will be free to avail the legal remedy in accordance with law.

The writ petition is, accordingly, disposed of.

No costs.

A copy of this order be sent to the concerned parties forthwith.

(Dr.

VINEET KOTHARI).J.

DJ/- 13

Same Court & Year Rajasthan Jodhpur · 2014 Same Parties Gopal Lal Joshi and ors vs State and ors Same Subject Education