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2021 Supreme(Raj) 1340
RAJASTHAN HIGH COURT
Arun Bhansali, J.
Tulcha Ram - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Civil Writ Petition No. 16236 of 2021
Decided On : 23-11-2021
Important Points
Subject
Employment Law - Writ Petition
Headnote
[PAY FIXATION] - [TEACHERS' EMPLOYMENT] - The court addressed the issue of pay fixation for teachers, emphasizing the need for equal treatment among similarly situated individuals. The court referenced a previous case to establish a precedent for ensuring that representations regarding pay and benefits are considered and decided in a timely manner, thereby influencing its decision to direct the respondents to act accordingly.
Fact of the Case:
The petitioner filed a writ petition seeking equal pay fixation and benefits similar to those of other teachers selected through the same process.
Finding of the Court:
The court found merit in the petitioner's request and noted the precedent set in a similar case, directing the respondents to consider the petitioner's representation.
Issues: Whether the petitioner is entitled to equal pay fixation and benefits as similarly situated teachers.
Ratio Decidendi: The court relied on the principle of equal treatment in employment and the necessity for timely consideration of representations made by employees regarding their pay and benefits.
Result: The writ petition was disposed of with directions to the respondents to consider the petitioner's representation within three months.
Shailendra Gwala, Advocate
JUDGMENT
Arun Bhansali, J. - This writ petition has been filed by the petitioner 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 him and that the petitioner may be granted benefit of seniority, promotion and other consequential benefits.
2. Learned counsel for the petitioner submitted that in similar nature writ petition being Nand Kishore Sharma & Ors. v. The State of Rajasthan & Ors. : S.B. Civil Writs No. 12109/2018, decided on 18.07.2018 by a Co-ordinate Bench of this Court at Bench at Jaipur, 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 petitioner is disposed of with similar direction as given in the case of Nand Kishore Sharma (supra), wherein, it was directed as under:-
"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."
