HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 285/2023
1. Mohan Lal Raigar S/o Shri Bhola Ram Raigar, Aged About 56 Years, Village Badagaon, Ward No. 7, District Jhunjhunu, Rajasthan.
2. Anil Kumar Khandelwal S/o Shri Kesar Lal Khandelwal, Aged About 56 Years, 21-A-1, Vikash Nagar Vistar, Murlipura, Jaipur, Rajasthan.
3. Ghanshyam Amberia S/o Shri Ganesh Narain, Aged About 60 Years, 32, Maharishi Enclave, Hatoz Phatak, Kalwar Sirsi Link Road, Jaipur, Rajasthan.
4. Mohan Lal Chandel S/o Shri Ganesh Lal Chandel, Aged About 61 Years, Chandel Bhawan, Mansinghpura, Tonk Road, Jaipur, Rajasthan.
5. Shashi Kumar Kumawat S/o Shri Jai Kishore Kumawat, Aged About 59 Years, 86, Mansinghpura, Tonk Road, Jaipur, Rajasthan.
6. Ramesh Chand Sharma S/o Shri Hari Narayan, Aged About 60 Years, 159, Khati Mohalla, Dhani Karigaran, Phulera, Jaipur, Rajasthan.
7. Kailash Chand Sharma S/o Shri Jiwanram Sharma, Aged About 66 Years, House No. 66-A, Defence Colony, Niwaru Road, Jhotwara, Jaipur.
----Petitioners Versus
1. The State Of Rajasthan, Through The Principal Secretary, Education Department, Government Of Rajasthan, Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
----Respondents For Petitioner(s) : Mr. Surendra Singh Choudhary For Respondent(s) : Mr. Vishal Jangid JUSTICE DINESH MEHTA Order 09/01/2023
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 (Downloaded on 09/01/2023 at 11:32:27 PM) (2 of 3) [CW-285/2023] 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:-
"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.
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3. Learned counsel for the respondents also agrees to the said submission.
4. 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).
5. The stay petition also stands disposed of.
(DINESH MEHTA),J 182-pooja/-
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