Abha Jain vs State Of Rajasthan
2022 Latest Caselaw 14266 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18326/2022

Abha Jain W/o Shri Dileep Kumar Jain, Aged About 54 Years, Resident Of 332, Shiv Puri Colony, Rajgarh, District Alwar, Rajasthan.

----Petitioner 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)              :



               HON'BLE MR. JUSTICE ARUN BHANSALI

                                         Order

05/12/2022

      Counsel      for     the      petitioner        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.

(2 of 2) [CW-18326/2022]

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."

Counsel for the petitioner submits that the present writ

petition of the petitioner may also be disposed of in light of the

abovementioned judgment.

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).

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the petitioner

would be entitled to the relief.

(ARUN BHANSALI),J 174-Rmathur/-

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