Rajasthan High Court - Jodhpur
Kailash Chand Kawal vs The State Of Rajasthan on 20 July, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10078/2022
1. Kailash Chand Kawal S/o Shri Bhairu Lal Kawal, Aged
About 57 Years, R/o 604, Ward No. 2, Shanti Pura,
Ajmer, Rajasthan.
2. Ajay Lodha S/o Shri Late Shri Ummed Singh Lodha, Aged
About 56 Years, R/o 16, Shiv Shakti Colony, Shiv Nagar,
Foy Sagar Road, Ajmer, Rajasthan.
3. Tola Chand Thagria S/o Shri Nanda Ram Thagria, Aged
About 57 Years, R/o Pratap Nagar Colony, Deoli Gaon,
Deoli, Tonk, Rajasthan.
4. Rajkumar Jain S/o Shri Late Shri Mahaveer Prasad Jain,
Aged About 63 Years, R/o 1535/12, Jain Bhawan, Govind
Nagar, Ramganj, 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, Home
Department, Government Of Rajasthan, Jaipur.
4. The Superintendent Of Police, Ajmer.
5. The Director, Secondary Education, Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. S.S. Choudhary.
For Respondent(s) : Mr. Hemant Choudhary, G.C.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
20/07/2022
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-10078/2022]
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
200-PKS/-
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