HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 141/2023
1. Prem Chand Raiger S/o Shri Poora Ram Raiger, Aged About 57 Years, Resident Of A-61, Shyam Mitra Mandal Nagar, Road No. 5 Ke Samne, V.k.i.a. Murlipura, Jaipur, Rajasthan.
2. Hari Narayan Raigar S/o Shri Sunder Lal Raigar, Aged About 59 Years, Resident Of Bhagwati Marg, Near Indian Public School, Prem Nagar, Goner Road, Jamdoli, Jaipur, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Board Of Technical Education, Government Of Rajasthan, Jodhpur.
2. The Director, Board Of Technical Education, Jodhpur.
3. The Director (Training), Board Of Technical Education, Jodhpur.
----Respondents For Petitioner(s) : Mr. Surendra Singh Choudhary JUSTICE DINESH MEHTA Order 06/01/2023
1. Learned counsel for the petitioners submits that in similar circumstances and similar matters, the Division Bench of this Court in The Director, Secondary Education, Rajasthan, Bikaner Vs. Narendra Kumar Boolchandani & Ors.; D.B. Special Appeal Writ No.362/2020 along with connected matters, while considering the aspect that the issue in question has arisen in large number of cases and the Government has accepted the stand and granted the benefits, disposed of the appeals with the following directions:-
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"Learned counsel for the petitioners, however,
submitted that the issue is arising in large number of cases and in several departments, the Government has accepted the stand and granted the benefits. If the petitioners are not granted similar benefits, it would amount to discriminatory treatment. Whatever be the grievance of the petitioners they can be resolved at the level of the administration or by the Court through bipartite hearing.
In view of the peculiar circumstances, these appeals are disposed of by permitting the Government to take into account the representations already made or to be filed by any of the petitioners within one month. In the process, the authorities will bear in mind the stand taken by the department in similar cases. Such representations would be decided in accordance with law unmindful of the observations and directions issued by the learned Single Judge in the impugned orders. Eventually, if the grievances of the petitioner still survive after the Government decision, it is open for the petitioners to seeks redressal thereafter in accordance with law."
2. Learned counsel for the petitioners submits that the present writ petition of the petitioners may also be disposed of in light of the abovementioned judgment.
3. In view of the submissions made, the present writ petition is disposed of with the same directions as issued by the Division Bench of this Court in the case of Narendra Kumar Boolchandani (supra).
(DINESH MEHTA),J 126-Arvind/-
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