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2021 Supreme(Raj) 625

IN THE HIGH COURT OF RAJASTHAN
Dinesh Mehta, J.
Satyanarayan Sharma & Ors. - Appellants
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 9310/2021
Decided on : 28-07-2021

Advocates appeared:
Mr. O. P. Sangwa, Advocate, for the Petitioner

The court's decision was based on the principle of providing equal pay fixation and other consequential benefits to similarly situated individuals based on a previous case.

Headnote:

pay fixation - Teachers - The court directed the respondents to make pay fixation of the petitioners equal to similarly situated Teachers and granted benefit of seniority, promotion, and other consequential benefits based on a similar direction given in a previous case.

Fact of the Case:

The petitioners sought direction to the respondents for pay fixation equal to similarly situated Teachers and other consequential benefits.

Finding of the Court:

The court disposed of the writ petition with a direction to the respondents based on a similar direction given in a previous case.

Issues: Pay fixation, seniority, promotion, and other consequential benefits

Ratio Decidendi: The court directed the respondents to consider and decide the representation by the petitioners within three months from the date of receipt.

Final Decision: The writ petition filed by the petitioners is disposed of with a direction to the respondents to consider and decide the representation by the petitioners within three months from the date of receipt.

JUDGMENT

1. This writ petition has been filed by the petitioners seeking direction to the respondents to make pay fixation of the petitioners equal to the similarly situated Teachers having been selected in the same selection process while stepping up the pay of the petitioners equal to them and that the petitioners may be granted benefit of seniority, promotion and other consequential benefits.

2. Learned counsel for the petitioners submitted that in similar nature writ petition filed at Jaipur Bench being Nand Kishore Sharma & Ors. v. The State of Rajasthan & Ors. : S.B. Civil Writ Petition No.12109/2018, decided on 18.07.2018 on the submissions made by counsel the respondents have been directed to decide the representation made by the petitioners therein and, therefore, a similar direction may be granted in the present case.

3. In view of the submissions made, the writ petition filed by the petitioners is disposed of with similar direction as given in the case of Nand Kishore Sharma (supra), wherein, it was directed asunder:-

    "In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order as expeditiously as possible in accordance with law. However, in no case later than three months from the date of receipt of the representation along with a certified copy of this order."

4. The stay application also stands disposed of.

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