Kanhaiya Lal vs State Of Rajasthan ...
2023 Latest Caselaw 3623 Raj

[2023/RJJD/012155]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5694/2023

1. Kanhaiya Lal S/o Radhey Shyam Sharma, Aged About 59 Years, 50, Mangal Vihar Extn. Jamdoli, Agra Road, Jaipur, Rajasthan.

2. Gopal Vaishnaw S/o Sita Ram Vaishnaw, Aged About 57 Years, A-199A, Jagdamba Nagar, Behind Hirapura Power House, Ajmer Road, Jaipur, Rajasthan.

3. Vijendra Kumar Bhatnagar S/o Anand Singh Bhatnagar, Aged About 57 Years, Village Meetha Kuen Ke Pass, Nayawada, District Ajmer, Rajasthan.

4. Pradeep Kumar Solanki S/o Radhey Shyam Solanki, Aged About 57 Years, H.no. 102, Chetan Vihar, Agra Road, Jamdoli, Jaipur, Rajasthan.

5. Dwarkadheesh Swarnkar S/o Banshi Lal Swarnkar, Aged About 58 Years, F-78, Sector 5, Gandhi Nagar, Chittorgarh, Rajasthan.

6. Charanjeet Ahuja S/o Ram Prakash Ahuja, Aged About 58 Years, F-78, Sector 5, Gandhi Nagar, Chittorgarh, Rajasthan.

7. Kanta Kumari Sahita D/o Daryanomal Sahita, Aged About 65 Years, 4/152, Malviya Nagar, Jaipur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Personnel And Training Government Secretariat, Jaipur.

2. The Secretary, Department Of Administrative Reforms (Group-3), Secretariat, Jaipur.

3. The State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur.

4. The Director General Of Police Rajasthan, Police Headquarters, Nehru Place, Jaipur.

5. The Additional Director General Of Police (Headquarters) Rajasthan, Police Headquarters, Nehru Place, Jaipur.

6. The Additional Director General Of Police (Crime Branch) Rajasthan, Police Headquarters, Nehru Place, Jaipur.

[2023/RJJD/012155] (2 of 4) [CW-5694/2023]

7. Additional Director General Of Police (Railways) Rajasthan, Police Headquarters, Nehru Place, Jaipur.

8. Additional Director General Of Police (Training) Rajasthan, Police Headquarters, Nehru Place, Jaipur.

9. Inspector General Of Police (Headquarters) Rajasthan, Police Headquarters, Nehru Place, Jaipur.

10. The Inspector General Of Police, Udaipur Range, Udaipur.

11. The Inspector General Of Police (Training) Rajasthan, Police Headquarters, Nehru Place, Jaipur.

12. The Financial Advisor, Police Headquarters Rajasthan, Nehru Place, Jaipur.

13. Superintendent Of Police (Admn. And Prc), Cid, Cb Rajasthan, Nehru Place, Jaipur.

14. Superintendent Of Police, District Chittorgarh.

15. Superintendent Of Police, Grp Ajmer.

16. Superintendent Of Police, Central Stores, Police Headquarters, Rajasthan, Nehru Place, Jaipur.

17. Joint Secretary, Home (Police) Department, Rajasthan, Secretariat, Jaipur.

18. The Dlr, Police Headquarter, Rajasthan, Nehru Place, Jaipur.

                                                                    ----Respondents


For Petitioner(s)          :     Mr. Hansraj Nimbar
For Respondent(s)          :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

26/04/2023

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

[2023/RJJD/012155] (3 of 4) [CW-5694/2023]

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 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).

4. The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

[2023/RJJD/012155] (4 of 4) [CW-5694/2023]

the averments made therein are found to be correct, the petitioner

would be entitled to the relief.

(VINIT KUMAR MATHUR),J 142-DArora/-

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