Rajasthan High Court - Jodhpur
Bheru Lal Luhar vs State Of Rajasthan ... on 4 April, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/008460]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4189/2023
1. Bheru Lal Luhar S/o Shri Nand Lal Luhar, Aged About 54
Years, Resident of Quarter No. G-14, Civil Lines, Ajmer
Choraha, Bhilwara, Rajasthan.
2. Abdul Rashid S/o Shri Jamal Khan, Aged About 58 Years,
Resident of Moharam Ke Chabutare Ke Pass, Fuliya Gate,
Shahpura, Bhilwara, Rajasthan.
----Petitioners
Versus
1. The State of Rajasthan, Through The Principal Secretary,
Department of Industries, Government of Rajasthan,
Jaipur.
2. The Commissioner, Office of The Commissioner of
Industries & Commerce, Udhyog Bhawan, Tilak Marg,
Jaipur.
3. The General Manager, District Industries & Commerce
Centre, Bhilwara Pansal Choraya, Pur Road, Bhilwara,
District Bhilwara.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/04/2023
1. 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 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
[2023/RJJD/008460] (2 of 2) [CW-4189/2023]
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."
2. 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.
3. 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).
(VINIT KUMAR MATHUR),J
104-Shahenshah/-
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