Rajasthan High Court - Jodhpur
Hari Ram Barwar vs The State Of Rajasthan on 18 January, 2023
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 972/2023
1. Hari Ram Barwar S/o Shri Panchu Ram, Aged About 54
Years, Resident Of Charano Ka Bass, Balunda, District
Pali, Rajasthan.
2. Badri Narayan Megharikh S/o Shri Heera Lal Megharikh,
Aged About 56 Years, Resident Of Shiv Shakti Nagar - Ii,
Nimaj, District Pali, Rajasthan.
3. Bhanwar Gopal Sharma S/o Shri Satyanarayan Sharma,
Aged About 56 Years, Resident Of 16, New Mahaveer
Colony, Near Vidya Bharti School, Jodhpur Link Road,
Beawar, Ajmer, Rajasthan.
4. Satish Kumar S/o Shri Arun Kumar, Aged About 64 Years,
Resident Of Bada Mohalla, Kamla Road, Bharatpur,
Rajasthan.
5. Suraj Bhan Mahawar S/o Shri Moti Lal, Aged About 57
Years, Resident Of Atru Road Basti, Sarkri School Ke Pass,
Salpura Station, Kawai Baran, Rajasthan.
----Petitioners
Versus
1. The 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. Surendra Singh Choudhary
For Respondent(s) : Mr. Vishal Jangid
JUSTICE DINESH MEHTA
Order
18/01/2023
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
(2 of 3) [CW-972/2023]
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. Learned counsel for the respondents also agrees to the said
submission.
(3 of 3) [CW-972/2023]
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. Stay application too stands disposed of accordingly.
(DINESH MEHTA),J
191-A.Arora/-
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