Citation : 2023 Latest Caselaw 808 Raj
Judgement Date : 20 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4655/2022
1. Vikram Singh S/o Prathvi Singh Chouhan, Aged About 53 Years, Bachche Ki Gali, Gulab Sagar, Jodhpur, Rajasthan.
2. Rajani Bhurani W/o Atma Ram Lalwani, Aged About 55 Years, 19/582, Chopasani Housing Board, Jodhpur, Rajasthan.
3. Chain Singh S/o Chhotu Singh, Aged About 55 Years, D-
231, Rameshwar Nagar, Basni 1St Phase, Jodhpur, Rajasthan.
4. Kanwar Lal S/o Durga Ram, Aged About 56 Years, Thakur Ji Ke Mandir Ke Pass, Ummed Nagar, Tehsil Bavri, District Jodhpur, Rajasthan.
----Petitioners Versus
1. The State Of Rajasthan, Through Its Secretary, Revenue Department, Government Of Rajasthan, Jaipur.
2. State Of Rajasthan, Through Principal Secretary, Department Of Personnel And Training, Government Of Rajasthan, Jaipur.
3. The District Collector, Jodhpur, District Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary For Respondent(s) : Mr. Mrigraj Singh Rathore
JUSTICE DINESH MEHTA Order 20/01/2023
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:-
(2 of 2) [CW-4655/2022]
"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. 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 93-pooja/-
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