Bahadur Singh Bairwa vs State Of Rajasthan ...
2023 Latest Caselaw 1157 Raj

[2023/RJJD/002850]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1645/2023

1. Bahadur Singh Bairwa S/o Shri Shankar Lal Bairwa, Aged About 57 Years, Mohalla Malawali, Khoramalawali, Alwar, Rajasthan.

2. Azeez Khan S/o Shri Madari Khan, Aged About 63 Years, Ram Rahim Colony, Bad Saloda, Gangapur City, District Sawai Madhopur, Rajasthan.

----Petitioners Versus

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

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

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Om Prakash



                      JUSTICE DINESH MEHTA

                                      Order

30/01/2023

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 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

[2023/RJJD/002850] (2 of 2) [CW-1645/2023]

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.

(DINESH MEHTA),J 119-Mak/-

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