Somvir vs State Of Rajasthan
2023 Latest Caselaw 755 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 614/2023

Somvir S/o Shri Deeparam, Aged About 31 Years, By Caste Kumhar, R/o Village Kalri, Tehsil Rajgarh, District Churu, At Present Posted As Teacher Gr. Iii Level Ii (Social Science) At Shahid Nayab Subedar Randeer Singh Poonia Govt. Upper Primary School, Dhani Khudani, Rajgarh, Churu.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.

2. Director (Elementary Education), Bikaner.

3. District Education Officer (Hq), (Elementary Education), Churu.

4. Zila Parishad, Churu Through Its Chief Executive Officer.

5. The Chief Block Elementary Education Officer, Rajgarh, District Churu.

6. Vikas Adhikari, Panchayat Samiti Rajgarh, District Churu.

----Respondents

For Petitioner(s) : Mr. Vikas Bijarnia

JUSTICE DINESH MEHTA

Order

19/01/2023

1. Mr. Bijarnia, learned counsel for the petitioner submits that

pursuant to the judgment dated 19.01.2019 rendered in S. B.

Civil Writ No.836/2019 : Somvir Vs. Principal Secretary & Ors. in

petitioner's favour, the respondents have conferred benefit of ACP

vide order dated 04.03.2022 with effect from 24.09.2021,

however, the same has been withdrawn vide impugned order

dated 27.12.2022 (Annexure.8).

(2 of 2) [CW-614/2023]

2. While maintaining that the petitioner is entitled for the

benefits as accorded, learned counsel submits that the

respondents have not provided any opportunity of hearing to the

petitioner before withdrawing or recalling the benefits already

granted to him.

3. Issue notice. Issue notice of stay application also, returnable

within six weeks.

4. Meanwhile, no recovery shall be effected from the petitioner

pursuant to the order dated 27.12.2022 (Annexure.8).

(DINESH MEHTA),J 14-akansha/-

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