Citation : 2023 Latest Caselaw 749 Raj
Judgement Date : 19 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1073/2023
1. Ram Gopal Purohit S/o Shri Hari Ram, Aged About 50 Years, Resident Of Village Seeniya, Ranigaon, District Nagaur, Rajasthan.
2. Ghanshyam Doolani S/o Shri P.g. Doolani, Aged About 58 Years, Resident Of 316/25, Asha Ganj, Ajmer, Rajasthan.
3. Kishni Asnani D/o Shri Khemchand Asnani, Aged About 64 Years, Resident Of A-788, Chander Vardai Nagar, Block A, Ajmer, Rajasthan.
----Petitioners Versus
1. The State Of Rajasthan, Through Principal Secretary, Revenue Department, Government Of Rajasthan, Jaipur.
2. The State Of Rajasthan, Through Secretary, Labour And Employment Department, Government Of Rajasthan, Jaipur.
3. The Director, State Insurance And Provident Fund Department, Government Of Rajasthan, Jaipur.
4. The Director, Directorate Of Employment, Government Of Rajasthan, Jaipur.
5. The Joint Director, State Insurance And Provident Fund Department, Ajmer.
6. The Board Of Revenue, Rajasthan, Ajmer Through Its Registrar.
7. The District Collector, Nagaur.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary
JUSTICE DINESH MEHTA
Order
19/01/2023
1. Learned counsel for the petitioners submits that in similar
circumstances and similar matters, the Division Bench of this
(2 of 3) [CW-1073/2023]
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.
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 of 3) [CW-1073/2023]
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).
(DINESH MEHTA),J 286-Arvind/-
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