Director vs Veer Singh
2022 Latest Caselaw 1690 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 717/2020

Director, Secondary Education, Rajasthan, Bikaner (Rajasthan).

----Appellant Versus

1. Veer Singh S/o Dalle Singh, Aged About 59 Years, B/c Jat, R/o Village Malaheda Post Salempurkhurd Tehsil Bhusawar District Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Senior Secondary School, Samraya District Bharatpur (Rajasthan).

2. Prem Chand S/o Kanhiyalal Singh, Aged About 53 Years, B/c Balai, R/o Village Malipura Post Sewar Tehsil And District Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Senior Secondary School, Aghapur Tehsil And District Bharatpur (Rajasthan).

3. Chandan Singh Sogarwal S/o Daujiram, Aged About 58 Years, Village Nyamadpur Post Hatizar Tehsil Weir District Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Senior Secondary School, Narauli Tehsil Bhusawar District Bharatpur (Rajasthan).

4. Khusiram S/o Santokiram, Aged About 58 Years, Village Nagla Chatarsal Post Hatizar Tehsil Weir At Present R/o Ward No.4 Murwara Road, Anand Nagar Bharatpur District Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Girls Secondary School, Jaghina Post Jaghina Tehsil And District Bharatpur (Rajasthan).

5. Hariram Jatav S/o Sundarlal, Aged About 52 Years, B/c Jatav, R/o Village Nagla Bajhera Khurd (Harihar) Post Narharpur Tehsil Weir District Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Senior Secondary School, Nithar Tehsil Bhusawar District Bharatpur (Rajasthan).

6. Smita Verma W/o Anurag Verma, Aged About 54 Years, 1-B-2 S.t.c., Housing Board Colony, Ricco Road, Bharatpur (Rajasthan) At Present Working On The Post Of

(2 of 3) [SAW-717/2020]

Junior Assistant, At Government Senior Secondary School, Railway Bharatpur (Rajasthan).

7. Harmeet Singh S/o Late Kulwant Singh, Aged About 55 Years, C/o Gurnam Hora, Mori Mohalla, Mori Charbagh, Near Khalsa Tent House, Bharatpur District Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Senior Secondary School, Horipura Manjhi Block Sangod District Kota (Rajasthan).

8. State Of Rajasthan, Through The Principal Secretary, Dept. Of Personnel And Training Secretary, Government Secretariat, Government Of Rajasthan Jaipur (Rajasthan).

9. Secretary, Department Of Administrative Reforms (Group-

3), Govt. Secretariat, Govt. Of Rajasthan, Jaipur (Rajasthan).

10. Director, Elementary Education, Rajasthan, Bikaner (Rajasthan).

11. Director, Sanskrit Education, Shiksha Sankul, Jln Mart, Jaipur (Rajasthan).

                                                                    ----Respondents


For Appellant(s)           :     Mr. Pankaj Sharma, AAG with
through V.C.                     Mr. Rishi Soni
For Respondent(s)          :     Mr. T.C. Vyas
through V.C.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

03/02/2022

Application for condonation of delay:

For the reasons stated in the application and those made out

before us during the course of arguments, the delay cause in filing

the appeal is condoned.

In Appeal:

This appeal is directed against the judgment of the learned

Single Judge dated 07.09.2020 in S.B. Civil Writ Petition No.

(3 of 3) [SAW-717/2020]

8186/2020 filed by the original petitioners-respondents herein.

The writ petition was disposed of by the learned Single Judge by

an ex parte order without notice to the Government.

Learned counsel for the original petitioners submitted that

pursuant to the directions issued by the learned Single Judge,

petitioners made a representation, such representation was also

rejected by the State authorities, which order they have

challenged in appeal before the Tribunal. This being the position, it

is not necessary to go into this appeal any further. However, it is

clarified that the impugned order of the learned Single Judge shall

not be and cannot be read as requiring the department to decide

the representation of the petitioner in a particular manner.

Learned counsel for the State submitted that the petitioners

had made false averments in the petition claiming parity on facts

with the case of Om Prakash and others Vs. State of Rajasthan

and others, which has been referred by the learned Single Judge.

Such facts had to be verified and no directions for deciding the

representation in a particular manner, in any way, could have been

issued without notice to the Government.

Let the appeal of the original petitioners against the rejection

of their representation be decided independently and on its own

merits without being influenced by the observations made by the

learned Single Judge in the impugned judgment.

With this clarification, the appeal is disposed of.

(MADAN GOPAL VYAS),J (AKIL KURESHI),CJ 6-jayesh/-

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