Citation : 2022 Latest Caselaw 5500 Raj
Judgement Date : 13 April, 2022
(1 of 3) [CW-5144/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5144/2022
1. Kamal Kant Sharma S/o Shri Kashi Prasad, Aged About 60 Years, Resident Of 1/539, N.e.b. Extension, Alwar, Rajasthan.
2. Gopal Sharma S/o Shri Suraj Prasad Sharma, Aged About 54 Years, Resident Of Johra Mohalla, Patel Nagar, Near Police Choki, Gyan Bharti School, Alwar, District Alwar, Rajasthan.
3. Vishnu Avtar Sharma S/o Shri Mool Chand, Aged About 62 Years, Resident Of Bade Mandir Ke Pass, Bahadurpur Patti, Meeran, Alwar, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principal Secretary, Education Department, Government Of Rajasthan, Jaipur.
2. The Secretary, Administrative Reformation (Gr. Iii) Department, Jaipur, Rajasthan.
3. The Director, Sanskrit Education, Government Of Rajasthan, Jaipur, Rajasthan.
4. The Director, Secondary Education, Bikaner, Rajasthan.
----Respondents Connected With S.B. Civil Writ Petition No. 5103/2022
1. Anjana Mathur W/o Shri Anoop Kumar Mathur, Aged About 57 Years, Resident Of Plot No. 336, First Floor, Gate No. 03, Shalimar Vistar, District Alwar, Rajasthan.
2. Pushpa Gupta W/o Shri Girdhari Lal Gupta, Aged About 65 Years, Resident Of 267, Adarsh Colony, Daudpur, Alwar, District Alwar, Rajasthan.
3. Anita Devi W/o Shri Vijendra Kumar Sharma, Aged About 59 Years, Resident Of Ward No. 18, Opposite Uco Bank, Mattor Road, Kherthal Mandi, District Alwar, Rajasthan.
4. Banwari Lal Koli S/o Shri Ram Kunwar, Aged About 57 Years, Resident Of Jat Colony, 200 Foot Road, Alwar, District Alwar, Rajasthan.
----Petitioners
(2 of 3) [CW-5144/2022]
Versus
1. 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. Hemant Choudhary, G.C.
Mr. Vishal Jangid, Dy. G.C.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
13/04/2022
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:-
"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
(3 of 3) [CW-5144/2022]
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."
Counsel for the petitioners submits that the present writ
petitions of the petitioners may also be disposed of in light of the
abovementioned judgment.
Counsel for the respondents also agrees to the said
submission.
In view of the submissions made, the present writ petitions
are disposed of with the same directions as issued by the Division
Bench of this Court in the case of Narendra Kumar Boolchandani
(supra).
All pending applications stand disposed of.
(ARUN BHANSALI),J 16-Sumit/-
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