Subhash Chandra Dhaka vs State Of Rajasthan ...
2023 Latest Caselaw 4418 Raj

[2023/RJJD/014431]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11236/2021

Subhash Chandra Dhaka S/o Late Sh. Ratiram Dhaka, Aged About 46 Years, B/c Jat R/o Village 1G Choti Dhaka Wali Dhani, Post Netewala Sri Ganganagar- 335001.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Panchayati Raj Department, Govt. Of Rajasthan, Jaipur.

2. The Director, Elementary Education, Rajasthan, Bikaner.

3. The District Education Officer, Elementary Education, Sri Ganganagar.

4. Additional District Education Officer, Cum Block Elementary Education Officer, Sri Ganganagar.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Pramendra Bohra
For Respondent(s)         :     Mr. KK Bissa



                     JUSTICE DINESH MEHTA

                                     Order

10/05/2023
I.A.No.01/2023:

For the reasons stated, the application seeking early listing

of the matter is allowed.

The matter is taken up for consideration today itself.

S.B. Civil Writ Petition No. 11236/2021:

1. By way of the present petition, the petitioner has claimed

that the respondents have wrongly rejected his application for

study leave, during which time, he had pursued the B.S.T.C.

training.

2. Learned counsel for the petitioner submitted that the issue

involved in the present writ petition is squarely covered by

[2023/RJJD/014431] (2 of 2) [CW-11236/2021]

Division Bench judgment dated 18.05.2016, rendered in the case

of State of Rajasthan & Ors. Vs. Awadh Kumar Sharma in

D.B. Civil Special Appeal (Writ) No.521/2014.

3. Mr. Bissa, learned counsel appearing for the

respondent-State submitted that though the issue involved in the

present case has been set at rest, as claimed by the petitioner but

the petitioner be not granted any relief, as he has approached this

Court with a delay of 8 years.

4. Having heard learned counsel for the parties and considering

that the similarly situated persons have been granted relief and

the loss being caused to the petitioner would be recurring in

nature, the present petition is allowed.

5. The impugned order dated 08.07.2013 is set aside to the

extent the respondents have considered petitioner's leave of 320

days as "extraordinary leave".

6. The respondents are directed to pass appropriate order for

considering 320 days as study leave in the light of judgment in the

case of State of Rajasthan & Ors. Vs. Awadh Kumar Sharma

(supra).

7. The stay petition also stands disposed of.

(DINESH MEHTA),J 62-pooja/-

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