Avinash Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 5870 Raj

[2023:RJ-JD:25628]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3929/2021

1. Avinash Kumar S/o Sh. Rajveer Singh, Aged About 53 Years, R/o- Brahman Dharamshala Ke Samne, Jawahar Colony, Mahkala Gangapur City, Dist. - Sawai Madhopur.

2. Rajesh Vijay S/o Sh. Radheshyam Vijay, Aged About 53 Years, R/o A-15, Pearl Rigaliya, Muhana Road, Sanganer, P.o. - Mansarovar.

3. Dharmraj Singh S/o Sh. Devi Singh, Aged About 53 Years, R/o- 82, Jagannath Puri, Kalwar Road, Jhotwara, Jaipur.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Administrative Reforms And Co- Ordination, Government Secretariat, Jaipur.

2. Directorate Of Secondary Education, Through Director, Samta Nagar, Bikaner Rajasthan-334001.

3. Department Of Secondary Education, Through District Education Officer (Secondary Education), Shiksha Sankul, Jaipur-First, Jln Marg, Jaipur.

4. Rajasthan Public Service Commission, Through Chairman, Jaipur Road, Ghooghara Ghati, Ajmer, Rajasthan 305001.

----Respondents

For Petitioner(s) : Mr. Lokesh Mathur For Respondent(s) : Mr. Rishi Soni for Mr. Pankaj Sharma, AAG

JUSTICE DINESH MEHTA

Order

14/08/2023

1. Learned counsel for the petitioners submits that in similar

circumstances and in similar matters, the Division Bench of this

Court in The Director, Secondary Education, Rajasthan,

[2023:RJ-JD:25628] (2 of 3) [CW-3929/2021]

Bikaner Vs. Narendra Kumar Boolchandani & Ors. : D.B.

Special Appeal Writ No.362/2020, decided on 04.02.2022

along with other 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, granted the benefits and

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.

[2023:RJ-JD:25628] (3 of 3) [CW-3929/2021]

3. Learned counsel for the respondents also agrees to the said

submission.

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).

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 44-akansha/-

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