[2026:RJ-JD:6988]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5659/2024

1. Buddhi Prakash Sharma S/o Shri Babu Lal Sharma, Aged About 31 Years, R/o Villae Pai, Post Fulleta, Tehsil Nainwa, District Bundi, Rajasthan.

2. Sandeep Mahawar S/o Shri Ramji Lal Mahawar, Aged About 29 Years, R/o Vpo- Nizampura, Tehsil- Lalsot, District- Dausa, Rajasthan.

3. Jyoti Mangal W/o Shri Manoj Kumar Gupta, Aged About

32 Years, R/o Agrasen Colony, Oswal Meal Near Gps School, Gangapur City, District Sawaimadhopur, Rajasthan ----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

----Respondents For Petitioner(s) : Mr. M.L. Deora For Respondent(s) : Mr. Bhupesh Charan for Mr. N.K. Mehta, AGC.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

09/02/2026

1. Learned counsel appearing on behalf of the parties submit that the controversy involved in the present writ petition is squarely covered vide order dated 22.01.2026 passed in S.B. Civil Writ Petition No.339/2026 : Kirodi Lal Meena Vs. State of Rajasthan & Anr.

2. The relevant paragraph of the order dated 22.01.2026, reads as follows:

“14. In the result, the writ petitions are allowed. The actions of respondents in unequal fixation of pay among the persons selected and appointed in the same recruitment process based on their dates of joining are set aside. The respondents have to treat all such candidates as a single unit for grant of annual grade increments whether, they have joined prior to 30.06.2017 or subsequent to 30.06.2017. Any anomaly arising due to adoption of such improper dates of joining for the purpose of granting one annual grade increment among the candidates appointed in the same recruitment shall be rationalized and shall be corrected. For this purpose, if any correction is required to be carried out by the respondents, they may make necessary corrections in their official records in the matter of grant of annual grade increment after giving notice to affected parties. The respondents are directed to carry out the needful exercise after hearing all the parties concerned, within a period of one month from the date of receipt of a copy of this order.”

3. The facts in the present case reflect that the petitioners challenge the action of the respondents in not granting the parity of this case and incremental benefits at par with the persons selected in the same recruitment on account of delay in joining after 30.06.2017. The same was considered by this Court in the aforesaid order dated 22.01.2026.

4. In view of the aforesaid, the present writ petition is also allowed in same terms as in Kirodi Lal Meena’s case (supra) and the impugned order 29.08.2023 (Annex.7) and Rejection Order (Annex.9) is set aside and the relevant Rule of the Rajasthan Civil Services (Revised Pay) Rules, 2017, which creates an anomaly in the grant of increment and consequential fixation of pay scale on account of different joining times in the same recruitment, has to be read as the common date of the candidates selected in the same recruitment, ignoring the date of joining, and granting uniform increments and relevant pay scales without discriminating among persons in the same recruitment.

(DR. NUPUR BHATI),J C-6-130-/Devesh/-