Rajasthan High Court - Jodhpur
Rajendra Prasad Sharma vs State Of Rajasthan ... on 6 February, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/004095]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8527/2021
1. Rajendra Prasad Sharma S/o Shri Pooranmal Sharma,
Aged About 59 Years, Resident Of W-11, Water Works
Colony, Near Doordarshan Kendra, Sri Ganganagar.
2. Ramavtar Sanadhya S/o Shri Gopal Sanadhya, Aged
About 57 Years, Resident Of Near Charbhuja Mandir,
Dudu, District Jaipur.
3. Mahesh Chand Sharma S/o Shri Deep Chand Sharma,
Aged About 57 Years, Resident Of B-10, Govindpuri-B,
Behind Chambal Power House, Nawa Sarak, Sodala,
Shyam Nagar, Jaipur.
4. Bajrang Lal Sharma S/o Shri Kanhaiya Lal Sharma, Aged
About 58 Years, Resident Of 18, Shiv Vihar, Mangyawas
Road, Mansarovar, New Sanganer Road, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Public Health And Engineering Department, Government
Of Rajasthan, Jaipur.
2. The Chief Engineer (Administration), Public Health And
Engineering Department, Government Of Rajasthan,
Jaipur.
----Respondents
For Petitioner(s) : Mr. S.S. Choudhary.
For Respondent(s) : --
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/02/2023
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
[2023/RJJD/004095] (2 of 2) [CW-8527/2021]
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."
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 stay petition also stands disposed of.
(DR.PUSHPENDRA SINGH BHATI),J
2-a.asopa/-
Powered by TCPDF (www.tcpdf.org)
