Temporary employees appointed after December 31st are entitled to summer vacation salary and consequential benefits, as denying such benefits is discriminatory and lacks valid justification.

Order

1. The present writ petition has been filed with the following prayers:

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i) by an appropriate writ, order or direction the impugned order dated 23.04.2025 (Annex.7) passed by the respondents may kindly be quashed and set aside;

ii) by an appropriate writ, order or direction direct the respondents to regularize the service of petitioner from the date of her initial joining i.e. 31.1.1997 and also grant the benefit of ACP and others service benefits to the Petitioner by counting their service from the date of their initial appointment with all consequential benefits;

iii) by an appropriate writ, order or direction the respondents may also to pay the salary of summer vacation.

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2. Brief facts of the case are that the petitioner was initially appointed after following due process of recruitment in accordance with Rajasthan Education Subordinate Service Rules, 1971 (for short ‘the Rules of 1971’) vide order dated 18.01.1997 on temporary basis. However, the petitioner was not granted salary for the summer vacation of the year 1997 allegedly on the ground that as per Note 1 of Rule 97 of Rajasthan Service Rules , decision has been taken by the State Government not to grant salary to the persons, who were appointed on temporary basis after 31st of December in a particular year. Earlier also, petitioner filed S.B. Civil Writ Petition No.8209/2024 before this Court, which was disposed of vide order dated 03.07.2024 in presence of counsel for the respondents, wherein the petitioner relied upon the judgment of Co-ordinate Bench of this Court in the case of Yogesh Kumar Pareek Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3534/2009 decided on 20.01.2014) and while disposing of earlier writ petition filed by the petitioner, the Co-ordinate Bench of this Court directed the petitioner to submit a representation before the Competent Authority with further directions to the Authority to consider and decide the representation by a reasoned and speaking order. In compliance of order dated 03.07.2024, the petitioner submitted representation before the District Education Officer (Headquarter), Secondary Education, Jhunjhunu, however, the same has been dismissed by a cryptic order dated 23.04.2025 without assigning any rational and cogent reasons. Hence, this petition.

3. Counsel for the petitioner submits that the issue involved in the present writ petition has already been adjudicated by the Coordinate Bench of this Court vide order dated 07.04.2026 passed in the case of Bhupesh Kumar Ozha v. State of Rajasthan & Ors. : SBCWP No.14704/2025

4. The order dated 07.04.2026 passed in the case of Bhupesh Kumar Ozha (supra), is reproduced hereunder:

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1. Aggrieved by order dated 14.06.2024 issued by District Education Officer (Headquarter), Secondary Education, Sirohi, whereby representation filed by the petitioner in compliance of order dated 02.12.2023 passed by Co-ordinate Bench of this Court has been dismissed and benefit of salary of the summer vacation has been denied to the petitioner, he has filed the present writ petition and has also prayed for consequential benefits.

2. It is submitted by learned counsel for the petitioner that the petitioner was initially appointed after following due process of recruitment in accordance with Rajasthan Education Subordinate Service Rules, 1971 (for short ‘the Rules of 1971’) vide order dated 12.01.1997 on temporary basis. However, in quite arbitrary manner, the petitioner was not granted salary for the summer vacation of the year 1997 allegedly on the ground that as per Note 1 of Rule 97 of Rajasthan Service Rules , decisi