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2026 Supreme(Online)(Raj) 13707

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR


[2026:RJ-JD:20404]


S.B. Civil Writ Petition No. 8429/2026


Laxmi Devi D/o Shri Ashok Yadav, Aged About 34 Years, R/o Jharoli, Bharatpur, District- Bhartpur, Rajasthan. Presently Posted As School Lecturer Geography.

----Petitioner

Versus

1. State Of Rajasthan, Through 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. N.K. Mehta


HON'BLE MR. JUSTICE ANAND SHARMA


29/04/2026

Order

1. Learned counsel appearing on behalf of both the parties jointly submit that the controversy involved in the present writ petition is squarely covered vide order dated 12.01.2026 as modified on 20.01.2026 passed in S.B. Writ Misc. Application No.37/2026 : Jitendra Kumar & Ors. Vs. State of Rajasthan & Anr.

2. The relevant paragraph of the order dated 12.01.2026/20.01.2026 (modified) 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 petitioner has challenged 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 12.01.2026/20.01.2026 (modified).

4. In view of the aforesaid consensus arrived at between the parties, the present writ petition is also allowed in same terms as in Jitendra Kumar’s case (supra) and the impugned orders 29.08.2023 (Annex.7) and rejection order (Annex.9) are 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.

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