Moti Lal Barodia vs The State Of Rajasthan ...
2023 Latest Caselaw 5557 Raj

[2023:RJ-JD:24642]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10667/2023

1. Moti Lal Barodia S/o Shri Shimbhu Dayal Barodia, Aged About 65 Years, Resident Of Bairwa Mohalla, Sikandara, Dausa, Rajasthan.

2. Rajesh Vijay S/o Shri Radhe Shyam Vijay, Aged About 56 Years, Resident Of A-15, Muhana Road, Mohanpura, Near Balaji Temple, Pearl Regliya, Sanganer, Jaipur, Rajasthan.

3. Rajkumar Vijay S/o Shri Gopal Vijay, Aged About 58 Years, Resident Of C-226, Mahesh Nagar, Lal Kothi, Gandhi Nagar, Jaipur, Rajasthan.

4. Babu Lal Nagar S/o Shri Chandan Shankar Nagar, Aged About 64 Years, Resident Of Ward No. 12, Kolana, Bandi Kua, Dausa, Rajasthan.

5. Rajendra Singh Kardam S/o Shri Puran Chand Kardam, Aged About 62 Years, Resident Of Kuti Bandi Kui, Bandi Kua Jagir Rural, Dausa, Rajasthan.

----Petitioners Versus

1. The State Of Rajasthan, Through The Principal Secretary, Education Department, Government Of Rajasthan, Jaipur.

2. The Director, Secondary Education, Bikaner, Rajasthan.

3. The Chief Engineer, Ignp, Bikaner, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Surendra Choudhary. For Respondent(s) : Mr. Hemant Choudhary, GC

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

03/08/2023

1. A copy of the petition has been served on Mr. Hemant

Choudhary, GC, who puts in appearance on behalf of the

respondent-State.

[2023:RJ-JD:24642] (2 of 3) [CW-10667/2023]

2. Counsel for the parties submit 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 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."

3. Counsel for the petitioners submits that the present writ

petition of the petitioners may also be disposed of in light of the

abovementioned judgment.

4. 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).

[2023:RJ-JD:24642] (3 of 3) [CW-10667/2023]

5. 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,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(ARUN BHANSALI),J 59-Rmathur/-

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