Krishan Kumar vs The State Of Rajasthan on 17 March, 2026

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    Rajasthan High Court – Jodhpur

    Krishan Kumar vs The State Of Rajasthan on 17 March, 2026

         HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
                S.B. Civil Writ Petition No. 5798/2026
    
    1.    Krishan Kumar S/o Shri Shri Ram Kumar, Aged About 36
          Years, Resident Of Vpo Dabri, Tehsil Bhadra, District
          Hanumangarh, Rajasthan.
    2.    Nitesh Sharma S/o Shri Rajesh Kumar Sharma, Aged
          About 25 Years, Resident Of Ward No. 30, Dhaka Colony,
          Tehsil Nohar, District Hanumangarh, Rajasthan., Presently
          Posted As Teacher Grade Iii (L_1) At Govt. Senior
          Secondary School, Rampura Urf Ramsara, Block Tibbi,
          Distt. Hanumangarh, Rajasthan.
    3.    Rakesh Kumar S/o Shri Hari Singh, Aged About 35 Years,
          Resident Of Ward No. 06, Vpo Panniwala Mota, Distt.
          Sirsa (Haryana), Presently Posted As Teacher Grade Iii
          (L_1) At Govt. Primary School, 2 Cdr, Block Tibbi, Distt.
          Hanumangarh, Rajasthan.
    4.    Satyaveer S/o Shri Pawan Kumar, Aged About 26 Years,
          Resident Of Ward No. 30, Vpo Parlika, Tehsil Honar, Distt.
          Hanumangarh, Rajasthan., Presently Posted As Teacher
          Grade Iii (L_1) At Govt.upper Primary School, 2 Nwd,
          Block Rawatsar, Distt. Hanumangarh, Rajasthan.
    5.    Ravi Prakash S/o Shri Krishan Kumar, Aged About 25
          Years, Resident Of Village Bhanguli, Post Meghana, Tehsil
          Nohar, Distt. Hanumangarh, Rajasthan., Presently Posted
          As Teacher Grade Iii (L_1) At Govt. Senior Secondary
          Meharwala,      Block        Rawatsar,          Distt.   Hanumangarh,
          Rajasthan.
    6.    Santosh Kumar S/o Shri Ghan Shyam, Aged About 31
          Years, Resident Of Village Bhanguli, Post Meghana, Tehsil
          Nohar, Distt. Hanumangarh, Rajasthan., Presently Posted
          As Teacher Grade Iii (L_1) At Govt. Senior Secondary
          Khedasari,      Block       Rawatsar,          Distt.    Hanumangarh,
          Rajasthan.
    7.    Navdeep Singh S/o Shri Mahavir Singh, Aged About 30
          Years, Resident Of Vpo Channi Bari, Tehsil Bhadra, Distt.
          Hanumangarh, Rajasthan., Presently Posted As Teacher
          Grade Iii (L_1) At Govt. Primary School 4 Rwm, Block
          Rawatsar, Distt. Hanumangarh, Rajasthan.
    8.    Sandeep Kuamr S/o Shri Rameshwar Dass, Aged About
          35 Years, Resident Of Vpo Bagla, Tehsil Adampur Mandi,
    
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          Distt. Hisar (Haryana), Presently Posted As Teacher Grade
          Iii (L_1) At Govt. Primary School 1Rwm, Luharowala
          Block Rawatsar, Distt. Hanumangarh, Rajasthan.
    9.    Mukesh Kumar S/o Shri Bhagirath, Aged About 30 Years,
          Resident Of Vpo Parlika Tehsil Nohar, Distt. Hanumangarh,
          Rajasthan., Presently Posted As Teacher Grade Iii (L_1) At
          Govt. Primary School 4 Rwm, Block Rawatsar, Distt.
          Hanumangarh, Rajasthan.
    10.   Vikas S/o Shri Ummed Singh, Aged About 32 Years,
          Resident Of Vpo Galar, Tehsil Sidhmukh, Distt. Churu,
          Rajasthan., Presently Posted As Teacher Grade Iii (L_1) At
          Govt. Senior Secondary School Bherusari, Block Rawatsar,
          Distt. Hanumangarh, Rajasthan.
    11.   Gurpreet Singh S/o Shri Sarjeet Singh, Aged About 27
          Years, Resident Of Ward No. 13, Village Lilanwali, Tehsil
          Sangria , Distt. Hanumangarh, Rajasthan., Presently
          Posted As Teacher Grade Iii (L_1) At Govt. Primary School
          Shahpini, Block Sangria, Distt. Hanumangarh, Rajasthan.
    12.   Luxmi D/o Shri Mahender Pal, Aged About 33 Years,
          Resident Of Vpo Channi Bari, Tehsil Bhadra, Distt.
          Hanumangarh, Rajasthan., Presently Posted As Teacher
          Grade Iii (L_1) At Govt. Senior Secondary School Beer
          Bhadra, Block Bhadra , Distt. Hanumangarh, Rajasthan.
                                                                      ----Petitioners
                                       Versus
    1.    The   State      Of      Rajasthan,          Through       The        Principal
          Secretary,department            Of       Education,       Government        Of
          Rajasthan, Secretariat Jaipur, Rajasthan.
    2.    The    Principal        Secretary,          Department           Of      Rural
          Development        And       Panchayati         Raj,      Government        Of
          Rajasthan Secretariat, Jaipur,rajasthan .
    3.    The Director, Elementary Education, Directorate Bikaner,
          District Bikaner, Rajasthan.
    4.    The   Chief     Executive        Officer,      District    Hanumangarh,
          Rajasthan.
    5.    The   District      Education         Officer,      (H.q.),   Elementary
          Education, Hanumangarh, Rajasthan.
                                                                    ----Respondents
    
    
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    For Petitioner(s)        :     Mr. Puna Ram Sen
    
    
    
              HON'BLE MR. JUSTICE SANJEET PUROHIT

    Order

    17/03/2026

    SPONSORED

    1. Learned counsel for the petitioner submits that the issue

    involved in the present writ petition is squarely covered by

    judgment in Minaxi & Ors. v. State of Rajasthan & Ors.: S.B. Civil

    Writ Petition No.4499/2022, decided on 07.05.2022 .

    2. In the case of Minaxi (supra), the Coordinate Bench of this

    Court, held as under:-

    “This writ petition has been filed by the
    petitioners seeking notional benefits pursuant to the
    appointment of the petitioners by order dated
    26.05.2019 (Annex.5).

    It is inter-alia indicated that pursuant to the
    advertisement dated 11.09.2017 (Annex.1), the
    petitioners applied for the post of Teacher Grade III
    (Leave II). Though the names of the petitioners
    appeared in merit, they were not accorded
    appointment.

    Similarly situated candidates filed petitions
    being Komal Purohit Vs. State of Rajasthan & Ors.:

    S.B. Civil Writ Petition No.13707/2018 and connected
    matters, which came to be decided by order dated
    12.10.2018, wherein, the petitioners were held as
    eligible.

    Pursuant thereto, the petitioners were accorded
    appointment by the respondents by order dated
    26.05.2019, however, they have not been accorded
    the notional benefits, despite the fact that they were
    higher in merit to the candidates, who were accorded
    appointment prior to them, pursuant to the
    advertisement dated 11.09.2017.

    Submissions have been made that the
    petitioners were denied appointments by the
    respondents for the reasons, which came to be
    quashed by this Court in the case of Komal Purohit
    (supra). Whereafter, they have been accorded
    appointment and for no fault of the petitioners, only
    on account of delayed appointment by the

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    respondents, the petitioners cannot be deprived of
    the notional benefits.

    Reliance has been placed on Manoj Khandelwal
    & Ors. Vs. State of Rajasthan & Ors.
    : S.B. Civil Writ
    Petition No.7283/2014. Learned counsel for the
    respondents contested the submissions made and
    submitted that as the petitioners have been accorded
    appointment by order dated 26.05.2019, they are not
    entitled for the notional benefits.
    However, it is not
    disputed that the similar issues have been decided in
    the case of Manoj Khandelwal (supra).

    I have considered the submissions made by
    learned counsel for the parties and have perused the
    material available on record. It is not in dispute that
    the petitioners, though higher in merit, were denied
    appointment for the reasons which came to be
    quashed in the case of Komal Purohit (supra),
    whereafter, they were accorded appointment. Once
    the petitioners have been accorded appointment on
    account of quashing of the action of the respondents
    in denying the appointment, the respondents cannot
    refuse at least the notional benefits to the petitioners
    on account of the said delayed appointment.

    In the case of Manoj Khandelwal (supra) after
    referring to the orders in the case of Suman Bai &
    Anr. Vs. State of Rajasthan & Ors.
    : 2009 (1) WLC
    (Raj.) 381 and other orders, the Court required the
    respondents to redress the grievances of the
    petitioners therein.

    In view of the above fact situation, the petition
    filed by the petitioners is allowed. The respondents
    are directed to accord notional benefits such as
    seniority, continuity in service, pay fixation and grant
    of annual grade increments to the petitioners from
    the date persons lower in merit to the petitioners
    were accorded appointment.

    Needful may be done by the respondents within
    a period of three months from the date of this order.”

    4. In view of above, the writ petition is allowed in same terms

    as judgment, ibid. The respondents are directed to accord notional

    benefits such as seniority, continuity in service, pay fixation and

    grant of annual grade increments to the petitioners from the date

    persons lower in merit to the petitioners were accorded

    appointment, if otherwise the petitioners are found eligible for the

    same.

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    5. The order has been passed based on the submissions made

    in the petition, the respondents would be free to examine the

    veracity of the submissions made in the petition and only in case,

    the averments made therein are found to be correct, the petitioner

    would be entitled to the relief.

    (SANJEET PUROHIT),J
    118-A.Arora/-

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