State Of Rajasthan vs Sunil Sharma ...
2023 Latest Caselaw 6961 Raj

[2023:RJ-JD:28408-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 91/2022

1. State Of Rajasthan, Through Secretary Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur (Raj.).

2. The Commissioner, Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur (Raj.).

3. The Chief Executive Officer, Zila Parishad Sirohi, District Sirohi (Raj.).

4. The Additional Chief Executive Officer, Zila Parishad Sirohi, District Sirohi (Raj.).

5. The Vikas Adhikari, Panchayat Samiti, Sheoganj, District Sirohi.

----Appellants Versus Sunil Sharma S/o Shri Nenu Ram Sharma, Aged About 38 Years, R/o House No.22, Pancham Nagar, Ramdev Road, Pali, Rajasthan.

----Respondent

For Appellant(s) : Mr. Sunil Beniwal, AAG

HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

06/09/2023

I.A. No.01/2021 :

At the oral request made by the counsel for the appellant,

exemption is granted to file the certified copy of the order

impugned.

Accordingly, the application under Section 5 of the Limitation

Act is allowed and the delay in filing the appeal is condoned.

[2023:RJ-JD:28408-DB] (2 of 3) [SAW-91/2022]

D.B. Spl. Appl. Writ No. 91/2022 :

The aspect which has come to light is that the judgment

which has been passed by the learned Single Judge relying upon

the judgment of a Coordinate Single Bench in Om Prakash Sharma

Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition

No.21214/2017) pertained to the selection for the year 1986 to

the post of Lower Division Clerk. Appeals in those matters have

been preferred by the Director, Secondary Education, Rajasthan,

Bikaner, where the Division Bench of this Court was pleased to

dispose of the said appeals by observing as follows:

"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 petitioners still survive after the Government decision, it is open for the petitioners to seek redressal thereafter in accordance with law.

[2023:RJ-JD:28408-DB] (3 of 3) [SAW-91/2022]

The appeals are disposed of accordingly."

In the light of the above, we dispose of the present appeal

in same terms as above.

(VINIT KUMAR MATHUR),J (AUGUSTINE GEORGE MASIH),CJ

51-SanjayS/-

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