Anita Sharma Ors v. State of Rajasthan Ors.), decided on

Parmeshwari Kumari W/o Shri Kailash Chandra, aged about 34 years, Resident of Dhani Dudaniya (Sanjay Nagar) Tehsil Khetri District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Tihara).

6. Jaipal Singh S/o Shri Bajarang Lal, aged about 41 years, Resident of Village Makro Via Khetri Nagar District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Devana Johar, Tateeja).

7. Praveen Kumar S/o Shri Sardara Ram, aged about 35 years Resident Of Village Beelwa Tehsil Khetri District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Basant Vihar, Kharkhara).

8. Meera Bai W/o Shri Sushil Kumar, aged about 36 years, Resident of F-35 III B Khetri Nagar District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Dharamdhara).

9. Narendra Kumar S/o Shri Mukund Singh, aged about 46 years, Resident of Hetamsar Via Nua District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Bajisar).

10. Jaishree Panwar W/o Shri Arun Kumar, Resident of E 177 [2025:RJ-JP:33110-DB] (2 of 6) [CW-7492/2018] IC Khetri Nagar District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Manota Kalan).

11. Lachuram Saini S/o Shri Choturam Saini, aged about 38 years, Resident of Village Kakarana Block Udaipurwati District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Jindrawali, Kankaria).

12. Indra W/o Shri Surendra Singh, Resident of Village Mahrana Post Khanpur Tehsil Buhana District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Manota Kalan, Khetri).

13. Kavita W/o Shri Mahesh Kumar, aged about 36 years Resident of Ward No. 23 Golden City Gudha Road Jhunjhunu. (Presently Working At Govt. Upper Primary School, Kharkhara).

14. Premlata W/o Shri Sunil Kumar, aged about 34 years, Resident of E T61 III B Khetri Nagar District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Kurand).

15. Vikram Singh S/o Shri Karnee Singh, Resident of Nangali Saledi Singh Tehsil Khetri District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Dhani Gopdika, Shyampura).

16. Sulochana Chapola W/o Shri Surajmal Meena, Resident of E 169 Kolihan Nagar District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Manota Kalan).

17. Rajendra Singh Sekhawat S/o Shri Shisupal Singh, aged about 38 years, Resident of Village Deenwa Post Mandawa District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Jhaaduwali Johadi).

18. Suresh Kumar Meena S/o Shri Saadhuram Meena, aged about 39 years, Resident of Ward No.7 Malsisar District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Jhaaduwali Johadi).

19. Suman W/o Shri Suresh Kumar Chopra, aged about 34 years, Resident of D 46 III A Khetri Nagar District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Kharkhara).

20. Sanju Sharma W/o Shri Nandkishore Sharma, aged about 37 years, Resident of Pratap Pura District Jhunjhunu. [2025:RJ-JP:33110-DB] (3 of 6) [CW-7492/2018] (Presently Working At Govt. Upper Primary School, New Mandawa).

21. Tarachand Sharma S/o Shri Chhotelal Sharma, aged about 44 years Resident of V.P.O Hardia Tehsil Khetri District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Chachawali).

22. Satyaveer Singh Takhar S/o Shri Makhanlal, aged about 42 years, Resident of Dalelpura Tehsil Khetri District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Balawda Johda).

23. Prem Kumari W/o Shri Surendra Kumar, aged about 35 years, Resident of Dhani Chaaran P.O. Bhuda Ka Baas Tehsil Malsisar District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Kali Pahari).

24. Satroop S/o Shri Hanumanaram, aged about 36 years, Resident of Nangali Saledi Singh Tehsil Khetri District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Nimla Johda).

25. Dharmpal Singh S/o Shri Budhhram, aged about 34 years, Resident of VPO Norangpura Tehsil Khetri District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Padewa).

26. Pradeep Kumar S/o Shri Omprakash, aged about 33 years, Resident of VPO Maandri Tehsil Khetri District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Baadalwas).

27. Naresh Kumar S/o Shri Rameshwar, aged about 46 years, Resident of Dhani Bahalwana VPO Maandri Tehsil Khetri District Jhunjhunu. (Presently Working At Govt. Upper Primary School, Nangali Saledi Singh). ----Petitioners Versus

1. The State of Rajasthan Through Its Principal Secretary, Rural Development And Panchayati Raj Depart, Secretariat, Jaipur.

2. The Principal Secretary Education Department Government of Rajasthan, Secretariat, Jaipur.

3. The Principal Secretary, Department of Finance, Government of Rajasthan, Secretariat, Jaipur. [2025:RJ-JP:33110-DB] (4 of 6) [CW-7492/2018]

5. The Director, Elementary Education Department, Bikaner. The District Education Officer, Elementary Education, District Jhunjhunu. ----Respondents For Petitioner(s) : Mr. Neeraj Kumar Sharma For Respondent(s) : Mr. Hamir Singh Shekhawat on behalf of Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 21/08/2025

1. Learned counsel for the parties are ad idem that the issue raised in the present writ petition would be covered by the judgment passed by the Division Bench of this Court in D.B. Civil Writ Petition No.1949/2011 (Anita Sharma & Ors. Vs. State of Rajasthan & Ors.), decided on 20.03.2015, wherein this Court has held as under: “Selection of the petitioners as Upper Primary Teachers was made with the Primary Teachers. Candidates of both the categories appeared in the common written examination and participated in process of selection. Common merit list was prepared, but the appointments were given on the basis of qualification/eligibility of the candidates. Appointments of the Primary Teachers were made on 24.09.2007, but the State Government delayed appointments of the petitioners as Upper Primary Teachers and eventually their appointment orders were issued on 01.01.2008. In between, State Government vide notification dated

12.09.2008 promulgated Rajasthah Civil Services (Revised Pay Scale) Rules, 2008. [2025:RJ-JP:33110-DB] (5 of 6) [CW-7492/2018] According to Rule 14 of the Rules of 2008, batch of the candidates appointed on the post of Primary Teachers received increment on 01.07.2010 since they completed one year probation period after their appointment before the applicability of the aforesaid notification, but in the case of petitioners, since their appointment was delayed, they could not complete their probation and their increment would be delayed by one year and would be payable on 01.07.2011. Learned Senior Counsel has invited attention of the Court towards Rule 3 of the Rules of 2008, where the Governor retains the power to relax the rule in the case of undue hardship in any particular case. Prima facie, we are satisfied that it is a case of hardship, but since the State Government has not examined this matter, we refrain from expressing any further opinion, except requiring the State Government to have the case of the petitioners examined for grant of one time relaxation, so as to consider their case and bring them at par with the Primary Teachers appointed in the same process of selection held in pursuance of same advertisement by granting them one increment, may be notionally, with effect from 01.07.2010 considering that they were actually in service on that date and even prior thereto. We, therefore, direct the State Government to undertake necessary exercise and pass appropriate order with regard thereto within a period of four months from the date of production of copy of this order. It goes without saying that in case grievances of the petitioners are not remedied, the petitioners would be at liberty to file fresh writ petition [2025:RJ-JP:33110-DB] (6 of 6) [CW-7492/2018] with the same prayer as made in the present writ petition and also incorporating challenge to the order that may be passed by the State Government.”

2. The present Civil Writ Petition is accordingly, disposed of mutatis mutandis.

3. Pending application(s), if any, stand disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J AMIT/84