Revati Raman Sharma S/O Shri ... vs The State Of Rajasthan
2022 Latest Caselaw 1985 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 3913/2021

Revati Raman Sharma S/o Shri Rameshwar Dayal Sharma, Aged
About 56 Years, R/o 85, Patel Colony, Opp. P.m.g. Office Sardar
Patel Marg, Jaipur (Raj)
                                                                     ----Petitioner
                                   Versus
1.     The State Of Rajasthan, Through Secretary To The Govt.
       Education     Department,            Government          Of     Rajasthan,
       Secretariat, Jaipur
2.     Secretary, Department Of Administrative Reforms (Gr-3)
       Govt. Of Rajasthan, Secretariat, Jaipur
3.     Director, Secondary Education, Rajasthan Bikaner
4.     Joint Director, School Education, Jaipur Zone, Jaipur
                                                                ----Respondents

For Petitioner(s) : Mr. Devendra Kumar Bhardwaj For Respondent(s) : Mr. S. Zakawat Ali

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

05/03/2022

Counsel for the petitioner 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.

Appl. (Writ) No.362/2020 (The Director, Secondary Education,

Rajasthan, Bikaner Vs. Narendra Kumar Boolchandani & Ors. and

other connected matters) decided on 04.02.2022, 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

(2 of 2) [CW-3913/2021]

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 petitioner.

In that view of the matter, the present writ petition stands

disposed of in view of the judgment passed by the Division Bench of

this Court at Principal seat, Jodhpur in the matter t he Director,

Secondary Education, Rajasthan, Bikaner (supra).

All the pending applications stand disposed of.

(INDERJEET SINGH),J

Upendra Pratap Singh /20

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