Than Singh vs State Of Rajasthan ...
2023 Latest Caselaw 4633 Raj

[2023/RJJD/015200]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5601/2023

1. Than Singh S/o Heeralal, Aged About 33 Years, R/o Farakpur Post Barehmori District Dolpur, At Present Posting Gps Maliyo Ki Dhani Dhundhara Block Luni District Jodhpur.

2. Ashok Kumar S/o Gokal Ram, Aged About 32 Years, R/o Rawar Ki Dhani Rawar, Bilara, Dist. Jodhpur, Rajasthan At Present Posting Govt Upper Primary School Pithawas Block Luni District Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

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

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

4. The District Education Officer (Headquarter Secondary), Pali, Rajasthan.

5. The District Education Officer, Pali, Rajasthan.

6. The District Education Officer (Headquarter Secondary), Jodhpur, Rajasthan.

7. The District Education Officer, Jodhpur, Rajasthan.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ram Niwas

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

15/05/2023

1. Petitioners have approached this Court with the grievance

that the respondents are not giving benefit of ACP on completion

of 9 years of services though the petitioners are entitled.

Petitioners raised a grievance that benefit of ACP has been given

in other districts such as Rajsamand etc., but the Education

Department of Pali is not conferring the same.

2. Having regard to the facts and circumstances of the case,

the present writ petition is disposed of with the direction to the

[2023/RJJD/015200] (2 of 2) [CW-5601/2023]

petitioners to file a fresh representation along with relevant

documentary evidence and judgment (if any in this regard) and

certified copy of the order instant before the competent authority

within a period of four weeks from today.

3. In case, representation is so addressed, the District

Education Officer, Pali - competent authority shall consider the

same, in accordance with law as early as possible preferably

within a period of three months from today.

4. In case, the competent authority is of the view that the

petitioners are not entitled for benefit of ACP as claimed, he shall

pass a speaking order under intimation to one of the petitioners

against which petitioners' right to take legal remedy shall stand

reserved.

5. It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure

expeditious redressal of petitioners' grievance. The same may not

be construed to be an order to decide the representation in a

particular manner.

6. The stay application also stands disposed of accordingly.

7. The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 131-Shahenshah/-

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