CW 10142/10 //1// (Vidhyarthi Mitra) In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.10142/2010 Hemraj Meena & Ors Versus State & Ors. (alongwith cognate cases as per Schedule appended) Date of Order ::: 06/08/2010 Hon'ble Mr. Justice Ajay Rastogi For Petitioners : Sarva Shri Anoop Dhand, Sunil Kr. Singodia, Ram Pratap Saini, RS Bhardwaj, Amit S.Shekhawat, Pushpendra Pal Singh, RD Meena, Manish Sharma, Vinod Sharma, RB Sharma, Mahesh Gautam, Vijay Pathak, Kartar S.Faujdar, YK Sharma, Subhash Sharma, Satish Bijrania, Rameshwar Sharma, Nawal S.Sikarwar, Omver S.Saini, Praveen Poswal, Aatish Jain, Mohd. Iqbal Khan, Imran Khan, SamaySingh, Deendayal Sharma, Himmat S.Bikarwar, TC Sharma, Ashish Kr.Sharma, DS Dhariwal, Jitendra Kr. Sharma, Rajendra Pd. Sharma Uma Shanker Pandey, Kuldeep Aswal, Narendra Shandaliya, Ram Avtar Bochaliya, Dayanand Yada & Vigyan Shah. In this bunch of petitions, since a common question has been raised, hence being decided by the present order. All the petitioners are working as Vidhyarthi Mitra in various government educational institutions, but after the policy of rationalization and equalization was introduced by the State Government, some were displaced from their places of posting and services of some of them were terminated since there was no post available where they were discharging their duties as Vidhyarthi Mitra. Counsel for the petitioner submits that the controversy involved in the present petitions has been finally decided before the CW 10142/10 //2// (Vidhyarthi Mitra) Main Seat at Jodhpur in S.B.Civil Writ Petition No.8966/2009 (Prahalad Kumar Sharma Vs. State of Rajasthan & Ors.) decided on 22.7.2010 with the following observations:- “6. In view of aforesaid, these writ petitions are also disposed of in view of earlier decision of this Court by Single Bench as well as Division Bench and aforesaid quoted decisions of the State Government vide letter dtd.4.6.2010 and 26.6.2010 and the respondents shall continue the contract of employment of present Vidhyarthi Mitras- petitioners who have worked for Academic Session 2009-2010 till the end of Academic Session 2010-2011 and shall also consider the case of present petitioners – Vidhyarthi Mitras for transfer and absorption under the Rationalisation and Equalisation Policy also in other Blocks/Tehsil and Districts as requested by the Director, Elementary Education, Bikaner vide letter dtd.26.6.2010 to the Principal Secretary, School and Sanskrit Education, Jaipur vide Annex.4 dtd.26.6.2010. The decision shall not confer any right on the petitioners – Vidhyarthi Mitras to continue in said position after the end of Academic Session 2010-2011 unless State Government itself takes a decision otherwise in this regard. 7. These directions will apply to the present petitioners and all other similarly situated Vidhyarthi CW 10142/10 //3// (Vidhyarthi Mitra) Mitras who have worked for Academic Session 2009-2010, even if they have not approached this Court by way of a writ petition and the respondents will be bound to give similar treatment to all other similarly situated person without requiring them to approach this Court by way of fresh writ petition. 8. Those Vidhyarthi Mitras who worked for the Academic Session 2008-2009 or prior to that but did not work as such for the Academic Session 2009-2010, are not entitled to the aforesaid relief as such. However, if such Vidhyarthi Mitras make any representation and vacancies are still available with the State Government for Academic Session 2010-2011, their cases may be considered for reemployment. If however, it is not found appropriate to re-employ such Vidhyarthi Mitras,the Principal Secretary may pass one common order for such Vidhyarthi Mitras employed for Academic Session 2008-2009 or prior to that and it will not be necessary for all respective District Education Officers or any other authority to pass separate orders on such representations.” In light of the judgment (supra), the writ petitions alongwith stay petitions, as per Schedule annexed, are accordingly disposed of and the petitioners are also entitled to the same benefits, as referred to in paras 6 to 8 of the judgment (supra), in the same CW 10142/10 //4// (Vidhyarthi Mitra) terms. Before parting with the judgment, some of the petitioners have raised objections that despite the fact that they are discharging duties as Vidhyarthi Mitra, for one or the other reason, their due salary has not been paid. If that be so, they are always at liberty to make representation to the concerned/competent authority for release of their due salary, as alleged, and it is expected from the authority to decide the same within a period of one month by passing speaking order, in accordance with law. (Ajay Rastogi),J K.Khatri/p4/ 10142CW2010Aug6Vdhyrthi-Schdl.doc CW 10142/10 //5// (Vidhyarthi Mitra) Schedule to Judgmentdt.06/08/2010 in CWP-10142/2010 & Cognate cases *** S.No. CWP/Stay Pet.Nos. / Name of Petitioners/ Versus 1. 10142/2010 (3548/10) Hemraj & Ors Versus State & Ors 2. 10221/2010 (3618/10) Ram Veer Singh Versus State & Ors 3. 10240/2010 (3636/10) Rishi Kapoor Versus State & Ors 4. 10241/2010 (3637/10) Kamlesh Kumar Versus State & Ors 5. 10243/2010 (3639/10) Vinod Kumar & Anr Versus State & Ors 6. 10616/2010 (3969/10) Jitendra & Ors Versus State & Ors 7. 10619/2010 (3972/10) Ravindra Versus State & Ors 8. 10630/2010 (3980/10) Prahlad Meena & Ors Versus State & Ors 9. 10634/2010 (3984/10) Sunita Kumari Versus State & Ors 10. 10645/2010 (3995/10) Kamalesh & Ors Versus State & Ors 11. 10675/2010 (4022/10) Mahendra Kumar Raigar Versus State & Ors 12. 10688/2010 (4033/10) Banwari Lal Malav & Ors Versus State & Ors 13. 10701/2010 (4043/10) Mukesh Chand Versus State & Ors 14. 10718/2010 (4059/10) Prahlad Balai Versus State & Ors 15. 10726/2010 (4066/10) Tejpal Tailor Versus State & Ors 16. 10727/2010 (4067/10) Jitendra Kumar Sharma Versus State & Ors 17. 10736/2010 (4074/10) Mali Ram Kumawat & Ors Versus State & Ors 18. 10742/2010 (4086/10) Smt. Anita Jain Versus State & Ors 19. 10743/2010 (4087/10) Kumari Pushplata Gurjar Versus State & Ors 20. 10746/2010 (4091/10) Dhanraj Meghwal & Ors Versus State & Ors 21. 10751/2010 (4094/10) Banwari Lal Meena & Ors Versus State & Ors 22. 10756/2010 (4099/10) Dinesh Kumar Versus State & Ors 23. 10761/2010 (4104/10) Ram Khiladi Meena Versus State & Ors 24. 10176/2010 (Nil) Ramesh Chand Sharma Versus State & Ors 26. 7299/2010 (1134/10) Sunder Singh Versus State & Ors 27. 7900/2010 (1561/10) Chotu Lal Jat & Ors Versus State & Ors 28. 7988/2010 (1623/10) Maliram Gurjar & Ors Versus State & Ors 29. 10220/2010 (3617/10) Sonu Kumar & Ors Versus State & Ors 30. 10639/2010 (3989/10) Ramveer Singh Versus State & Ors 31. 10640/2010 (3990/10) Kishan Gopal Gocher Versus State & Ors 32. 10662/2010 (4008/10) Lakhmi Chand Versus State & Ors 33. 10666/2010 (4012/10) Budha Ram Kamar & Ors Versus State & Ors 34. 10702/2010 (4044/10) Narendra Singh Versus State & Ors 35. 10708/2010 (4050/10) Shyoram Gurjar & Ors Versus State & Ors 36. 10711/2010 (4052/10) Islamuddin Khan & Anr. Versus State & Ors 37. 10741/2010 (4079/10) Dinesh Kumar Versus State & Ors 38. 10759/2010 (4102/10) Kailash Chand Sharma & Ors Versus State & Ors 39. 10763/2010 (4106/10) Kamlesh Kumar & Anr. Versus State & Ors 40. 7499/2010 (1278/10) Dinesh Kumar Modi Versus State & Ors 41. 9899/2010 (3319/10) Ashok Kumar Sharma Versus State & Ors 42. 10796/2010 (Nil) Smt. Manju Devi Versus State & Ors 43. 10852/2010 (4184/10) Pradeep Pandey & Ors Versus State & Ors 44.10754/2010 (4097/10) MS. Neha Sharma Versus State & Ors (Ajay Rastogi), J. K.Khatri/p5/ 10142CW2010Aug6Vdhyrthi-Schdl.doc