Citation : 2022 Latest Caselaw 7638 Raj
Judgement Date : 23 May, 2022
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7501/2022
1. Rajendra Prasad Sharma S/o Shri Hanuman Prasad Sharma, Aged About 58 Years, R/o 90, Lakshmi Niwas, Nandpuri Colony, 22 Godam, Hawa Sadak, Shyam Nagar, Jaipur, Rajasthan.
2. Sunil Parihar S/o Shri Parmeshwar Lal Parihar, Aged About 57 Years, R/o 52/103, Vashisth Marg Shipra Path, Mansarovar, Jaipur, Rajasthan.
3. Anil Kumar Soni S/o Shri Gajanand Soni, Aged About 54 Years, R/o 107-A, Angeera Nagar, Khatipura, Jhotwara, Jaipur, Rajasthan.
4. Jai Kumar Jain S/o Shri Mahavir Prasad Patodi, Aged About 56 Years, R/o 531A, Sachivalay Vihar, New Sanganer Road, Opp. Riico Kanta, Mansarovar, Jaipur, Rajasthan.
5. Chetan Soni S/o Shri Trilok Chand Soni, Aged About 54 Years, R/o 32, Jagdamba Colony-B, Jaisinghpura Khor, Mata Ke Mandir Ke Piche, Jaipur, Rajasthan.
6. Rudresh Kumar Sharma S/o Shri Krishna Sharma, Aged About 55 Years, R/o 31/86 Pratap Nagar, Sanganer, Pratap Nagar Sector 11, Jaipur, Rajasthan.
7. Surendra Kumar Verma S/o Shri Ramswaroop Verma, Aged About 54 Years, R/o 09, Shri Karni Uma Vihar C, Near Narsingh Mandir, Gogulpura, Kalwar Road, Jhotwara, Jaipur, Rajasthan.
8. Rajendra Kumar Saini S/o Shri Chogan Mal Saini, Aged About 55 Years, R/o 6, Sindhi Colony, Sat Sai College Road, Raja Park, Jaipur, Jawahar Nagar, Jaipur, Rajasthan.
9. Ramesh Chand Jain S/o Shri Jethmal Jain, Aged About 55 Years, R/o 57, Arjun Nagar, Ward 14, Durgapura, Jaipur, Rajasthan.
10. Rajendra Prasad Awasthi S/o Shri Ramswaroop Awasthi, Aged About 55 Years, R/o Plot No. 1, Shiva Nagar Kali Ka Khana, Diggi Road, Sanganer, Jaipur, Rajasthan.
11. Prabhu Narayan Jat S/o Shri Ramprakash Choudhary, Aged About 56 Years, R/o At Present Senior Assistant, Cbeo Office, Phagi, District Jaipur, Rajasthan.
12. Suman Sharma D/o Shri Harirudra, Aged About 58 Years,
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R/o Plot No. 133, Aasind Nagar, Near Oxfords School, Sanganer, Jaipur, Rajasthan.
13. Jagdish Prasad Gupta S/o Shri Ramswaroop Gupta, Aged About 55 Years, R/o House No. E-9, R P S Colony, Gumanpura, Kota, Rajasthan.
14. Ramesh Chandra Goswami S/o Shri Madan Lal Goswami, Aged About 55 Years, R/o Gotam Gali Ke Pass, Sultanpur, Kota, 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. State Of Rajasthan, Through Principal Secretary Revenue Department, Government Of Rajasthan, Jaipur.
4. The Director, Secondary Education, Bikaner, Rajasthan.
5. The District Collector, Kota, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary. For Respondent(s) : Mr. Hemant Choudhary, G.C.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
23/05/2022
Copy of the petition has been served on learned counsel Mr.
Hemant Choudhary, G.C., who puts in appearance on behalf of the
respondents.
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
(3 of 3) [CW-7501/2022]
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."
Counsel for the petitioners submits that the present writ
petition of the petitioners may also be disposed of in light of the
abovementioned judgment.
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 244-Rmathur/-
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