Shambhu Dayal Gocher vs State Of Rajasthan ...
2023 Latest Caselaw 6058 Raj

[2023:RJ-JD:26125]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3024/2023

1. Shambhu Dayal Gocher S/o Shri Gokul Gocher, Aged About 41 Years, R/o Bakari Ki Gali Pram Nagar Iii Kota Rajasthan. At Present Posted Government Primary School Barana Kota.

2. Dharmraj Meena S/o Shri Sita Ram. Revati Singh, Aged About 34 Years, R/o House No. 904 Bashant Vihar Kota District Kota At Present Posted At. Government Upper Primary School Kishanwas Panchayat Samiti Intawa District Kota

3. Lalit Kumar Meena S/o Shri Dhanna Lal Meena, Aged About 30 Years, R/o Village And Post Bindiyaka Tehsil Piplada Kota District Kota At Present Posted At. Government Upper Primary School Bariwa Bindiyaka District Kota.

4. Kuntesh Kumari D/o Shri Ram Chandra Gocher, Aged About 32 Years, R/o House No 58 Gali No 04 Saraswati Colony 1 Roteda Road Kota District Kota At Present Posted At Government Upper Primary School Gadiya Block Kherabad District Kota.

5. Mosmi Meena D/o Shri Ghanshyam Meena, Aged About 33 Years, R/o Vpo Bengana, Tehsil And District Baran, Rajasthan. At Present Posted At. Government Upper Primary School Rajapura Block District Baran.

6. Neelam Kumari Meena D/o Shri Ram Karan Meena, Aged About 34 Years, R/o Village And Post Jarala Tehsil Mangrol District Baran, Rajasthan. At Present Posted At Government Upper Primary School Palai Khurd District Kota.

7. Pramita Meena D/o Shri Radhe Shyam Meena, Aged About 33 Years, R/o Village Chharakwada Post Mayaja Tehsil K. Patan District Bundi, Rajasthan. At Present Posted At Government Upper Primary School Ramnagar District Kota.

8. Neetu Shrma D/o Shri Brajraj Shrma, Aged About 35 Years, R/o House No 14 Chandra Sagriya, Kota District Kota, Rajasthan. At Present Posted At Government Upper Primary School Ramakjeri Block Kheradab District Kota.

[2023:RJ-JD:26125] (2 of 3) [CW-3024/2023]

----Petitioners Versus

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

2. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

3. The District Education Officer, Elementary Education, District Kota, Rajasthan.

4. The District Education Officer, Elementary Education, District Baran, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Tanwan Singh Rathore

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/08/2023

1. Petitioners have approached this Court with the grievance

that the respondents are not giving benefit of ACP on completion

of 9 years of services though the petitioners are entitled.

Petitioners raised a grievance that benefit of ACP has been given

in other districts such as Rajsamand etc., but the Education

Department of Kota and Baran is not conferring the same.

2. Having regard to the facts and circumstances of the case,

the present writ petition is disposed of with the direction to the

petitioners to file a fresh representation alongwith relevant

documentary evidence and judgment (if any in this regard) and

certified copy of the order instant before the competent authority

within a period of four weeks from today.

[2023:RJ-JD:26125] (3 of 3) [CW-3024/2023]

3. In case, representation is so addressed, the District

Education Officer, Kota and Baran - competent authority shall

consider the same, in accordance with law as early as possible

preferably within a period of three months from today.

4. In case, the competent authority is of the view that the

petitioners are not entitled for benefit of ACP as claimed, he shall

pass a speaking order under intimation to one of the petitioners

against which petitioners' right to take legal remedy shall stand

reserved.

5. It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure

expeditious redressal of petitioners' grievance. The same may not

be construed to be an order to decide the representation in a

particular manner.

6. The stay application also stands disposed of accordingly.

7. 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.

(VINIT KUMAR MATHUR),J 36-Shahenshah/-

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