Temporary employees appointed after December 31st are entitled to summer vacation salary and consequential benefits, as discriminating based on the appointment date lacks rational justification and is contrary to established judicial precedents.

Order

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

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(i) The Order dated 14.06.2024 passed by the District Education Officer (Secondary Education) Sirohi (Ann.4) rejecting the representation of the petitioner and denying salary of summer vacations, and is also entitled to get all the service benefits from the date of initial joining may very kindly be quashed and set aside;

(ii) The respondents may be directed to provide salary of summer vacation during the first joining year of service.

(iii) The date of appointment of the petitioner may be declared to be their date of increment and other service benefits, and pay scale of the petitioners may be revised considering benefits of seventh pay commission.

(iv) The respondents may be directed to pay all the service benefits of the petitioner consequently.

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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 16.01.1997 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.16690/2023 before this Court, which was disposed of vide order dated 28.11.2023 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 28.11.2023, the petitioner submitted representation before the District Education Officer (Headquarter), Secondary Education, Sirohi, however, the same has been dismissed by a cryptic order dated 14.06.2024 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 pet