Citation : 2024 Latest Caselaw 7899 Raj
Judgement Date : 10 September, 2024
[2024:RJ-JD:37472]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14879/2024
1. Suraj Mal Meena S/o Shri Ganga Ram Meena, Aged About
56 Years, Resident Of 58, Laxman Basti, Bilopa, Dakwa,
Sawai Madhopur, Rajasthan.
2. Dhan Pal Meena S/o Shri Meetha Lal Meena, Aged About
59 Years, Resident Of Mohanpura, District Karauli,
Rajasthan.
3. Roop Singh S/o Shri Param Singh, Aged About 61 Years,
Resident Of 53, Jatav Singh, Nagla Bartai, Sunari, District
Bharatpur, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Higher Education, Government Of Rajasthan, Jaipur.
2. The State Of Rajasthan, Through The Principal Secretary,
Department Of Personal And Training, Government Of
Rajasthan, Jaipur.
3. The State Of Rajasthan, Through The Secretary,
Department Of Administrative Reforms (Group-3),
Government Of Rajasthan, Jaipur.
4. The State Of Rajasthan, Through The Secretary,
Department Of Finance, Government Of Rajasthan, Jaipur.
5. The Commissioner, College Education, Block No. 4,
Shiksha Sankul, Jln Marg, Government Of Rajasthan,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Surendra Choudhary
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
10/09/2024
1. Learned counsel for the petitioners submits that in similar
circumstances and similar matters, the Division Bench of this
[2024:RJ-JD:37472] (2 of 3) [CW-14879/2024]
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 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. Learned counsel for the petitioners submits that the present
writ petition of the petitioners may also be disposed of in light of
the abovementioned 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).
[2024:RJ-JD:37472] (3 of 3) [CW-14879/2024]
4. 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.
(VINIT KUMAR MATHUR),J 599-SanjayS/-
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