Rajasthan High Court - Jodhpur
Raziya Baigam vs State Of Rajasthan ... on 3 October, 2023
Bench: Vinit Kumar Mathur
[2023:RJ-JD:32287]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 228/2023
Raziya Baigam D/o Nathulal Hansiwal @ Ishak Mohammed, W/o
Imamuddin Sabbag, Aged About 49 Years, R/o Ramlila Ka Chok
Karkara Bazar, Keshorai Patan, District Bundi Presently Posted At
Government Senior Secondary School Balkasa, Tehsil K. Patan,
District Bundi (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Elementary Education, Government
Secretariat, Rajasthan, Jaipur.
2. The Director, Elementary Education, Bikaner, Rajasthan.
3. The District Education Officer, (Secondary Education),
Bundi, Rajasthan.
4. The District Education Officer, (Elementary Education),
Bundi, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/10/2023
The case comes up on an application for modification/
correction of the order dated 29.08.2023 passed by this Court in
S.B. Civil Writ Petition No.12802/2023.
Learned counsel for the applicant submits that the
controversy involved in the present case is squarely covered by a
judgment rendered in the case of Nand Kishore Sharma & Ors. Vs.
State of Rajasthan & Ors. (S.B. Civil Writ Petition No.12109/2018),
decided on 18.07.2018. However, inadvertently, in the order dated
29.08.2023, the controversy has been covered by a judgment
[2023:RJ-JD:32287] (2 of 3) [WMAP-228/2023]
rendered by this Court in the case of Suman Jhanwar & Ors. Vs.
State of Rajasthan & Ors. (S.B. Civil Writ Petition No.5405/2012),
decided on 12.05.2014.
For the reasons mentioned in the application, the order dated
29.08.2023 is recalled and the controversy of the petitioner is
directed to be covered by a judgment rendered by this Court in
the case of Nand Kishore Sharma & Ors. Vs. State of Rajasthan &
Ors. (S.B. Civil Writ Petition No.12109/2018), decided on
18.07.2018.
The order dated 29.08.2023 be now read as under:-
"1. This writ petition has been filed by the petitioner seeking
direction to the respondents to make pay fixation of the
petitioner equal to the similarly situated Teachers having
been selected in the same selection process while stepping
up the pay of the petitioner equal to them and that the
petitioner may be granted benefit of seniority, promotion
and other consequential benefits.
2. Learned counsel for the petitioner submitted that in
similar nature writ petition filed at Jaipur Bench being Nand
Kishore Sharma & Ors. Vs. The State of Rajasthan & Ors. :
S.B. Civil Writs No.12109/2018, decided on 18.07.2018. On
the submissions made by counsel the respondents have
been directed to decide the representation made by the
petitioner therein and, therefore, a similar direction may be
granted in the present case.
3. In view of the submissions made, the writ petition filed
by the petitioner is disposed of with similar direction as
[2023:RJ-JD:32287] (3 of 3) [WMAP-228/2023]
given in the case of Nand Kishore Sharma (supra), wherein,
it was directed as under:-
"In case, a representation is so addressed
within the aforesaid period, the State-
respondents are directed to consider and
decide the same by a reasoned and speaking
order as expeditiously as possible in
accordance with law. However, in no case
later than three months from the date of
receipt of the representation along with a
certified copy of this order."
4. The stay application also stands disposed of.
5. 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 petitioner would be entitled to the
relief."
The present misc. application stands disposed of.
(VINIT KUMAR MATHUR),J
330-Shahenshah/-
Powered by TCPDF (www.tcpdf.org)
