Rajasthan High Court
Sitaram Shukla S/O Ramkishore ... vs State Of Rajasthan on 4 July, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7324/2022
1. Sitaram Shukla S/o Ramkishore Shukla, Aged About 63
Years, R/o 9-A, Deepak Colony, Barkat Nagar, Tonk
Phatak, Jaipur, Rajasthan.
2. Shambhu Prasad Napit S/o Khaniya Lal Napit, Aged About
59 Years, R/o Naktya Ka Jagra, Vedo Ki Hawali,
Sawaimadhopur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Principle Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
2. The Deputy Secretary, Department Of Administrative
Reforms (Group-3), Secretariat, Jaipur.
3. The State Of Rajasthan, Through Its Principal Secretary,
Education Department, Government Of Rajasthan,
Secretariat, Jaipur
4. The Director, Secondary Education, Rajasthan, Bikaner.
5. The District Education Officer (Secondary),
Sawaimadhopur.
6. The District Collector, Bundi.
7. The Secretary, Lokayukt Secretariat, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. R.P. Saini
For Respondent(s) : Mr. S. Zakawat Ali, AGC
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
04/07/2022
Counsel for the petitioners submits that the issue involved in
this writ petition has already been considered and decided by the
Division Bench of this court at Principal seat, Jodhpur in D.B. Spl.
(2 of 3) [CW-7324/2022]
Appl. (Writ) No.362/2020 (The Director, Secondary Education,
Rajasthan, Bikaner Vs. Narendra Kumar Boolchandani & Ors. and
other connected matters), where in on 04.02.2022 the following
order was passed:-
"All these appeals arise out of common
background. The learned Single Judge had
disposed of the respective petitions by ex-
parte order without notice to the
Government. The directions were issued to
cover the case of the petitioners along the
line of decisions in the case of Om Prakash
Sharma vs. The State of Rajasthan & Ors
(S.B. Civil Writ Petition No.21214/2017) and
Hemlata Shrimali Vs. State of Rajasthan &
Ors. (S.B. Civil Writ Petition No.3247/2015).
The said directions which would bind the
Government could not have been issued
without even notice to the respondents.
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
petitioners still survive after the Government
decision, it is open for the petitioners to
seek redressal thereafter in accordance with
law.
The appeals are disposed of accordingly."
Counsel for the respondents has not disputed the submission
made by the counsel for the petitioners.
In that view of the matter, the present writ petition stands
disposed of in view of the judgment passed by the Division Bench of
(3 of 3) [CW-7324/2022]
this Court at Principal seat, Jodhpur in the matter of t he Director,
Secondary Education, Rajasthan, Bikaner (supra).
All the pending applications stand disposed of.
(INDERJEET SINGH),J
Upendra Pratap Singh /4
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