State Of Rajasthan vs Biram Devi (2024:Rj-Jd:166-Db)
2024 Latest Caselaw 44 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Biram Devi (2024:Rj-Jd:166-Db) on 3 January, 2024

Bench: Pushpendra Singh Bhati, Rajendra Prakash Soni

[2024:RJ-JD:166-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                      D.B. Spl. Appl. Writ No. 260/2021

1.       State Of Rajasthan, Through Secretary Department Of
         Rural Development And Panchayati Raj, Government Of
         Rajasthan, Jaipur (Raj.)
2.       The Chief Executive Officer, Zila Parishad Sriganganagar
         District Sri Ganganagar (Raj.)
3.       The Vikas Adhikari, Panchayat Samiti Padampur, District
         Sriganganagar.
                                                                      ----Appellants
                                       Versus
1.       Gurpreet Singh S/o Ninder Singh, Aged About 35 Years,
         Village 49M Rb, P.o. 1 Ps Vai Ridmalsar, Tehsil Padampur
         District Sriganganagar (Raj.).
2.       Kuldeep Kumar S/o Dalip Kumar, Aged About 39 Years,
         Vpo Delvan, Tehsil Padampur, District Sriganganagar.
3.       Veerpal Singh S/o Jhamman Lal, Aged About 33 Years,
         Ward No.18, Padampur, District Sriganganagar.
4.       Khushboo Rani D/o Jespal Malhotra, Aged About 33 Years,
         Ward No.4, Near Tata Tower, Padampur, Tehsil Padampur,
         District Sriganganagar.
                                                                    ----Respondents
                                 Connected With
                      D.B. Spl. Appl. Writ No. 713/2021
1.       State Of Rajasthan, Through Secretary Department Of
         Rural Development And Panchayati Raj, Secretariat, Govt.
         Of Rajasthan, Jaipur.
2.       The Chief Executive Officer, Zila Parishad Banswara,
         District Banswara.
3.       The Vikas Adhikari, Panchayat Samiti Gagartalai, District
         Banswara.
                                                                      ----Appellants
                                       Versus
1.       Gopal Singh S/o Shri Guman Singh, Aged About 38 Years,
         R/o Mukam Post Sarvina, Tehsil Byawer, District Ajmer
         (Raj.).
2.       Devnarayan Purohit S/o Shri Babulal Purohit, Aged About

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 [2024:RJ-JD:166-DB]                     (2 of 3)                        [SAW-260/2021]


         33 Years, Mukam Post Bohoro Ka Baap, Tehsil Baap,
         District Jodhpur (Raj.).
3.       Sunil Kumar Sharma S/o Shri Om Prakash Sharma, Aged
         About 41 Years, Ghoverdhanpura, Via Palasana, District
         Siker (Raj.).
                                                                    ----Respondents
                      D.B. Spl. Appl. Writ No. 719/2021
1.       State Of Rajasthan, Through The Secretary, Department
         Of Rural Development And Panchayati Raj, Government
         Of Rajasthan, Jaipur (Raj.)
2.       The Chief Executive Officer, Zila Parishad Banswara
         District Banswara (Raj.)
3.       The Vikas Adhikari, Panchayat Samiti Gagartalai, District
         Banswara.
                                                                      ----Appellants
                                       Versus
1.       Biram Devi S/o Pusaram, Aged About 36 Years, Mukam
         Khedaprathviraj, Post Gola, Tehsil Pisagen, District Ajmer
         (Rajasthan)
2.       Mahendra Singh S/o Parbat Singh, Aged About 33 Years,
         Mukam Rewada, Jaitmal, Post Thob, Tehsil Pachpadra,
         District Barmer (Rajasthan)
                                                                    ----Respondents


For Appellant(s)             :     Mr. Sunil Beniwal, AAG
For Respondent(s)            :     Mr. Jitender Singh Bhaleria



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

03/01/2024

1. Learned counsel for the parties jointly submit that the

controversy involved in these special appeal writ is squarely

covered by the judgment rendered by Hon'ble Division Bench of

this Court in the case of The Director, Secondary Education,

[2024:RJ-JD:166-DB] (3 of 3) [SAW-260/2021]

Rajasthan, Bikaner Vs. Narendra Kumar Boolchandani &

Ors. (D.B. Special Appeal Writ No.362/2020), decided along

with other connected matters on 04.02.2022, a 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.

The appeals are disposed of accordingly."

2. On such joint submission while condoning the delay, the

present appeals are disposed of in same terms as above.

(RAJENDRA PRAKASH SONI),J (DR. PUSHPENDRA SINGH BHATI),J

67-69--Jitender

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