Rajasthan High Court
Kalu Ram Balai S/O Kana Ram Balai vs State Of Rajasthan on 12 May, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3445/2022
1. Kalu Ram Balai S/o Kana Ram Balai, Aged About 57
Years, R/o Patwari Ka Bas, Via Shrimadhopur, District
Sikar, Rajasthan.
2. Vinod Kumar Jain S/o Vilas Chand Jain, Aged About 55
Years, R/o Old Khandar Road, Har Sahai Ji Ka Katla, City
Sawaimadhopur, Rajasthan.
3. Tilak Chand Bansal S/o Ramchandra Bansal, Aged About
56 Years, R/o Near Police Line, Adarsh Nagar,
Sawaimadhopur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal 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, Scondary Education, Rajasthan, Bikaner.
5. The District Education Officer (Secondary-I), Sikar.
6. The District Education Officer (Secondary),
Sawaimadhopur.
7. The District Education Officer (Secondary), Chittorgarh.
8. The District Education Officer (Secondary), Bundi.
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini
For Respondent(s) : Mr. S. Zakawat Ali, A.G.C.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
12/05/2022
(2 of 3) [CW-3445/2022]
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), 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."
(3 of 3) [CW-3445/2022]
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 of the Director,
Secondary Education, Rajasthan, Bikaner (supra).
All the pending applications stand disposed of.
(INDERJEET SINGH),J
JYOTI /362
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