Ganga Prasad vs The State Of Rajasthan
2022 Latest Caselaw 10303 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11123/2022

1. Ganga Prasad S/o Shri Gulab Singh, Aged About 64 Years, R/o 35, Sita Ram Colony, Ram Nagar, Sodala, Shyam Nagar, Jaipur, Rajasthan.

2. Yogesh Kumar S/o Shri Hari Singh, Aged About 55 Years, R/o Gali Bahadur Singh, Mori Char Bagh, Bharatpur, Rajasthan.

3. Pradeep Kumar Sharma S/o Shri Ratan Lal Sharma, Aged About 64 Years, R/o 419/19, Chodhar Mohalla, Nala Bazar, Ajmer, Rajasthan.

----Petitioners Versus

1. The State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan, Jaipur.

2. The State Of Rajasthan, Through Its Secretary, Education Department, Government Of Rajasthan, Jaipur.

3. The State Of Rajasthan, Through Its Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

4. The Chief Engineer, Public Health And Engineering Department (Administration), Government Of Rajasthan, Jaipur.

5. The Director, Secondary Education, Bikaner, Rajasthan.

----Respondents

For Petitioner(s) : Mr. S.S. Choudhary. For Respondent(s) : Mr. Hemant Choudhary, GC.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

05/08/2022

A copy of the petition has been served on learned counsel

Mr. Hemant Choudhary, G.C., who puts in appearance on behalf of

respondents.

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

(2 of 2) [CW-11123/2022]

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 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."

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.

Learned counsel for the respondents also agrees to the said

submission.

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).

(ARUN BHANSALI),J 154-pradeep/-

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