Rajasthan High Court - Jodhpur
Peera Ram vs State Of Raj. And Ors on 21 March, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 734/2010
Hem Singh Bhati S/o Shri Mool Singh Bhati, B/c Rajput, Aged 44
years, Resident of Laxmi Nagar, Near Teg Singh ki Chakki,
Barmer.
----Petitioner
Versus
1. State of Rajasthan through the Secretary to the Government,
Department of Education, Secretariat, Jaipur
2. Deputy Director Secondary, Department of Education, Jodhpur
Zone, Jodhpur.
3. District Education Officer (Secondary), Barmer
4. The Direction Education (Secondary), Bikaner.
----Respondents
Connected With
S.B. Civil Writ Petition No. 736/2010
Satish Mathur S/o Shri Ghanshyam Mathur, B/c Kayasth, Aged
about 50 years, R/o Kayasth Mohalla, Purana Sahar, Kishangarh,
Ajmer.
----Petitioner
Versus
1. State of Rajasthan through the Secretary to the Government,
Department of Education, Secretariat, Jaipur
2. Deputy Director Secondary, Department of Education, Jodhpur
Zone, Jodhpur.
3. District Education Officer (Secondary), Barmer
4. The Direction Education (Secondary), Bikaner.
----Respondents
S.B. Civil Writ Petition No. 738/2010
Peera Ram S/o Sh. Nenu Ram, Aged about 48 yeras, By Caste
Sharma, Resident of Behind Railway Police Station, Nehru Nagar,
Barmer
----Petitioner
Versus
1. State of Rajasthan through the Secretary to the Government,
Department of Education, Secretariat, Jaipur
2. Deputy Director Secondary, Department of Education, Jodhpur
(2 of 3) [CW-734/2010]
Zone, Jodhpur.
3. District Education Officer (Secondary), Barmer
4. The Direction Education (Secondary), Bikaner.
----Respondents
For Petitioner(s) : Mr. Sudheer Sharma
For Respondent(s) : Mr. Hemant Choudhary
HON'BLE MS. JUSTICE REKHA BORANA
Order
21/03/2022
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 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
(3 of 3) [CW-734/2010]
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 petitioners submits that the present writ of
the petitioners may also be disposed of in light of the
abovementioned judgment.
Counsel for the respondents also agrees to the said proposal.
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).
All pending applications stand disposed of.
(REKHA BORANA),J
17-19/T.Singh/-
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