Rajender Singh Pachar vs State Of Rajasthan ...
2023 Latest Caselaw 5194 Raj

[2023/RJJD/017191]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3386/2021

1. Rajender Singh Pachar S/o Kashi Ram Pachar, Aged About 61 Years, Plot No.20, Ward No.01, Maharishi Dayanand Colony, Rawatsar Road, Nohar, District Hanumangarh (Raj.).

2. Ramjan Khan Arain S/o Umar Deen Arain, Aged About 66 Years, 30 Ntr, Hanumangarh (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Revenue (Group-7), Government Of Rajasthan, Secretariat, Jaipur.

2. The District Collector, Hanumangarh District Hanumangarh (Raj.).

----Respondents

For Petitioner(s) : Mr. J.S. Bhaleria For Respondent(s) : Mr. Mrigraj Singh Rathore

JUSTICE DINESH MEHTA

Order

24/05/2023

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:-

[2023/RJJD/017191] (2 of 2) [CW-3386/2021]

"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 108-Mak/-

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