Citation : 2023 Latest Caselaw 4017 Raj
Judgement Date : 3 May, 2023
[2023/RJJD/013385]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6070/2023
Aruna W/o Rajkumar Shivlani, Aged About 55 Years, R/o 232, Kalidas Marg, Opposite Pet Dog Clinic, Sindhi Colony, Shastri Nagar, Jaipur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Chief Secretary, Government Secretariat, Rajasthan, Jaipur.
2. State Of Rajasthan, Through Principal Secretary Department Of Personnel And Training Government Secretariat, Jaipur.
3. The Secretary (Finance), Finance Department, State Of Rajasthan, Government Secretariat, Jaipur.
4. The Deputy Secretary, Department Of Administrative Reforms (Group-3), Secretariat, Jaipur.
5. The Director, Secondary Education, Rajasthan, Bikaner.
6. The Joint Director, School Education Jaipur Division, Jaipur.
7. The District Education Officer (Secondary), Headquarter, Jaipur-I, Jaipur.
----Respondents
For Petitioner(s) : Mr. Hans Raj Nimbar
JUSTICE DINESH MEHTA
Order
03/05/2023
1. Learned counsel for the petitioner 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
[2023/RJJD/013385] (2 of 3) [CW-6070/2023]
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 petitioner submits that the present
writ petition of the petitioner 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
[2023/RJJD/013385] (3 of 3) [CW-6070/2023]
Bench of this Court in the case of Narendra Kumar Boolchandani
(supra).
4. The stay petition also stands disposed of.
(DINESH MEHTA),J 96-C-7-pooja/-
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