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2021 Supreme(Raj) 1536

RAJASTHAN HIGH COURT
Dinesh Mehta, J.
Mansharam Bhagora & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 8698/2021
Decided On : 16-07-2021

Advocates appeared:
Mr. Hanuman Singh, Advocate, for the Petitioner

The principle of equal pay for equal work and the requirement for administrative bodies to provide reasoned decisions on representations.

Headnote:

[PAY FIXATION] - [TEACHERS' EQUAL PAY] - [The court directed the respondents to fix the pay of the petitioners equal to similarly situated teachers, emphasizing the need for a reasoned decision on their representation within three months, following precedent established in a similar case.]

Fact of the Case:

The petitioners filed a writ petition seeking equal pay fixation with similarly situated teachers selected through the same process, along with benefits of seniority and promotion.

Finding of the Court:

The court disposed of the writ petition by directing the respondents to consider the petitioners' representation and decide it with a reasoned order within three months, referencing a similar case for guidance.

Issues: Whether the petitioners are entitled to equal pay fixation and other benefits as similarly situated teachers.

Ratio Decidendi: The court relied on the principle of equal treatment in pay for similarly situated individuals and the necessity for a reasoned decision on representations made by the petitioners.

Result: The writ petition was disposed of with directions to the respondents to address the petitioners' representation in a timely and reasoned manner.

JUDGMENT

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.

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 Writs 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.

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."

The stay application also stands disposed of.

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