Rajasthan High Court - Jodhpur
Chandra Mohan Tanwar vs State Of Rajasthan (2024:Rj-Jd:42735) on 19 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:42735]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17193/2024
Chandra Mohan Tanwar S/o Prem Singh Tanwar, Aged About 64
Years, R/o Nambai, Siddarth Nagar, Dhola Bhata Road, Opposite
Heena Garden, Ajmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Govt. Of
Rajasthan, Secretariat, Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Deputy Secretary, Department Of Administrative
Reforms (Group-3), Secretariat, Jaipur.
4. The Registrar, Board Of Revenue, Ajmer.
5. The District Collector, Barmer.
----Respondents
For Petitioner(s) : MR. Hans Raj Nimbar
Mr. Ram Pratap Saini
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
19/10/2024
1. Learned counsel for the petitioner 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
[2024:RJ-JD:42735] (2 of 3) [CW-17193/2024]
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."
2. Counsel for the petitioner submits that the present writ
petition of the petitioner may also be disposed of in light of
the above-mentioned 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 order has been passed based on the submissions made
in the petition, the respondents would be free to examine
[2024:RJ-JD:42735] (3 of 3) [CW-17193/2024]
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.
(FARJAND ALI),J
18-Ashutosh/-
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