Rajasthan High Court - Jodhpur
Asha Sharma vs State Of Rajasthan ... on 17 October, 2023
Bench: Arun Bhansali
[2023:RJ-JD:35555]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 16542/2023
Asha Sharma W/o Shri Surendra Kumar Sharma, aged about 62
years, Resident of Behind V K Memorial School, Vivek Nagar Sec
1, Jhunjhunu, Rajasthan.
----Petitioner
Versus
1. The State of Rajasthan through the Principal Secretary,
Education Department, Government of Rajasthan, Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary.
For Respondent(s) : Mr. Umashankar Dhakad on behalf of
Mr. Hemant Choudhary, Govt. Counsel
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
17/10/2023
1. A copy of the petition has been served on Mr. Umashankar
Dhakad appearing for Mr. Hemant Choudhary, GC, who puts in
appearance on behalf of the respondent-State.
2. Counsel for the parties submit 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
[2023:RJ-JD:35555] (2 of 2) [CW-16542/2023]
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."
3. Counsel for the petitioners submits that the present writ
petition of the petitioners may also be disposed of in light of the
abovementioned judgment.
4. 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).
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
petitioners would be entitled to the relief.
(ARUN BHANSALI),J
149-DJ/-
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