Rajasthan High Court - Jodhpur
Nemichand Mali vs State Of Rajasthan on 12 January, 2023
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 774/2023
1. Nemichand Mali S/o Shri Devilal Mali, Aged About 57
Years, R/o Babu Mohala, Ward No -6 Plot No 3600,
Nasirabad, District Ajmer, Rajasthan. At Present Mahatma
Gandhi Govt School Khataoli, Nasirabad, District Ajmer.
2. Narayan Singh Rawat S/o Bheru Singh, Aged About 57
Years, R/o Bardiya Ki Ghani, Kotda, District Ajmer,
Rajasthan. At Present G.s.s.s Ghughra, District Ajmer.
3. Suresh Chandra Garg S/o Changan Lal, Aged About 57
Years, R/o 327,gandhi Chouk, Nasirabad District Ajmer ,
Rajasthan. At Present G.g.s.s. Nasirabad, District Ajmer.
4. Naresh Kumar Nawal S/o Ramniwas Nawal, Aged About
57 Years, R/o C-144,nawalsadan, Dayanand Colony,
Mandir Marg, Ramnagar, Ajmer, District Ajmer ,
Rajasthan. At Presentgovt Alp Bhashai Shikshak
Prashikshan Sansthan Topdr, Ajmer District Ajmer.
5. Rajendra Kumar Varma S/o Ram Savroop Varma, Aged
About 57 Years, R/o 53 Pragati Nagar, Hari Bhau
Upadhyay Naga, Kotda, Districtajmer , Rajasthan. At
Present G.s.s.s Manpura Ki Dhani Ajmer.
6. Purshotam Adwani S/o Jhamumal, Aged About 58 Years,
R/oward No-55-P-08, Gali No 5, Choudhary Colony,
Vaishali Nagar, Ajmer, District Ajmer, Rajasthan. At
Present G.s.s.s Rampura Dabla, Ajmer.
7. Anjana Bansal W/o Anil Gupta, Aged About 56 Years, R/o
2-G-39, Gandhigarh, Janta Colony, Vaishali Nagar, Ajmer,
Districtajmer, Rajasthan. At Present Govt Savitri Girls
Senior Secondary School Ajmer.
8. Sukhdev Lal Katariya S/o Ladu Ram Katariya, Aged About
58 Years, R/o Khinchi Mohalla, V/p Badliya, District Ajmer,
Rajasthan. At Present G.s.s.s Palra Ajmer.
9. Anil Bihari Mathur S/o Rajbihari Mathur, Aged About 57
Years, R/o Rajdeep 109/80, Alakhnanda Colony, Behind
M.p.s. Vaishali Nagar, Ajmer, District Ajmer, Rajasthan. At
Present Govt Moiniya Eslamiya Senior Sec School, Ajmer.
10. Prabhu Lal Bairwa S/o Oankar Bairwa, Aged About 54
Years, R/o 3/90 Housing Bord Colony, Tonk, District Tonk,
Rajasthan. At Present A.a.o, D.e.o (S) Hq Tonk.
(2 of 4) [CW-774/2023]
11. Chhitar Lal Balai S/o Bhanwar Lal Balai, Aged About 58
Years, R/o Village Post Kanwara, Tonk, District Tonk,
Rajasthan. At Present G.s.s.s Balunda Tonk.
12. Santosh Kumar Sharma S/o Ghanshyam Sharma, Aged
About 58 Years, R/o Gali No -1, Shivaji Colony, The Niwai,
District Tonk, Rajasthan. At Present G.s.s. School Sunara,
Tonk.
13. Rameshwar Prasad Jat S/o Shiva Karan Jat, Aged About
59 Years, R/o Village Damodarpura, Post Khanpewat, Teh.
Newai, District Tonk, Rajasthan. At Presentg.g.s.s School
Newai, Tonk.
14. Lila Dhar Bairwa S/o Khem Chand Bairwa, Aged About 56
Years, R/o P-No 18, Ward No-54, Ambedkar Colony, Tonk,
District Tonk, Rajasthan. At Present A.a.o Govt.s.s.s
Dardhind, Tonk.
15. Sita Bai Yadav D/o Ramlal Yadav, Aged About 57 Years, R/
o Ahiro Ka Mohalla, Purani Tonk, District Tonk, Rajasthan.
At Present A.a.o At Dist. Tonk.
16. Mukta Pahuja D/o Moolchand Pahuja, Aged About 54
Years, R/o Pn-1-K-19, Ajay Nagar, Ajmer, District Ajmer,
Rajasthan. At Present G.g.s.s Nagar, Bhajanganj, Ajmer.
17. Dinesh Kumar Arora S/o Rameshwer Lal, Aged About 54
Years, R/o P-No 885, Raj Narayan Road, Nasirabad,
Ajmer, Rajasthan. At Present At G.s.s.s. Balwanta. Ajmer.
18. Trilok Chandra S/o Rameshwer Lal, Aged About 57 Years,
R/o P-No 142/13, Narsing Gali, Holi Dara, Ajmer,
Rajasthan. At Present At G.s.s.s. Giggi Local. Ajmer.
19. Aslam Khan S/o Mohd Yusuf Khan, Aged About 54 Years,
R/o P-No 53,ganesh Nagar, Dhola Bhata, Housing Bord
Colony,, Ajmer, Rajasthan. At Present At Senior Asst.
G.s.s.s Peeh, Nagaur..
20. Prahlad Nangliya S/o Rajjaram, Aged About 58 Years, R/o
Near Chogania Balaji, V/p Roopan Garh, Dist Ajmer,
Rajasthan. At Present At G.s.s.s Paner, Ajmer, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Education
Department, Government Of Rajasthan, Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
(3 of 4) [CW-774/2023]
3. The District Education Officer, Secondary First Education
Department Ajmer, Rajasthan.
4. The District Elementary Officer, Department Of Education,
Ajmer, Rajasthan.
5. The District Elementary Officer, Department Of Education,
Tonk , Rajasthan.
6. The District Elementary Officer, Department Of Education,
Nagaur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Gulab Singh
Mr. Shaurya Pratap Singh Rathore
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
12/01/2023
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
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.
(4 of 4) [CW-774/2023]
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."
Counsel for the petitioner submits that the present writ
petition of the petitioner may also be disposed of in light of the
abovementioned judgment.
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).
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
429-KashishS/-
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