Rajasthan High Court - Jodhpur
Bhagirath Ram Dhaka vs State Of Rajasthan (2024:Rj-Jd:38672) on 19 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:38672]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10890/2024
1. Bhagirath Ram Dhaka S/o Sh. Jodha Ram Dhaka, Aged
About 61 Years, Resident Of Chandranagar, Shri
Jambheshwar Nagar, Lohawat, District Phalodi.
2. Babu Lal S/o Shri Faglu Ram, Aged About 65 Years, R/o
Bhomaniya Ki Dhani Palli 2Nd Tehsil Lohawat District -
Phalodi
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Secondary Education Department, Government
Secretariat, Jaipur (Raj.).
2. The Director, Secondary Education, Bikaner (Raj.).
3. The Joint Director, School Education, Jodhpur (Raj.)
4. The Director, Elementary Education, Government Of
Rajasthan, Bikaner (Raj.).
5. The Director, Directorate Of Pension And Pensioner's
Welfare, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Kishan Lal Vishnoi
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
19/09/2024
1. The matter was listed before this Court on 23.07.2024 on
which date the following order was passed:-
1. The question involved in this case has been
decided in the case of Vijay Singh vs. State of
Rajasthan & Ors. (S.B. Civil Writ Petition
No.21/2020) decided on 21.07.2023 after
dealing with all aspects of the matter, however,
this Court has observed that there are umpteen
[2024:RJ-JD:38672] (2 of 3) [CW-10890/2024]
number of cases in which citizens are approaching
this Court for an order which has already been
decided by the principal seat and the Bench at
Jaipur.
2. It is observed by this Court that citizens are
spending litigation fees and regularly visiting the
Court for an order which has already been decided
by the Court. This process is burdening the
institution as well as persecuting the citizens at the
same time.
3. It is stated at the bar by the counsel of the
petitioner that a circular has been issued which
states that the benefit of the judgment Vijay
Singh (supra) shall only be given to those who
approach the Court and get an order from the
Court; if it is so, the same is clearly a persecution
of citizens by the State authorities and detrimental
to the interest of the aspirants/candidates. This
approach of the authorities cannot be appreciated
when the dicta has already been decided in the
case referred supra then what is preventing the
officers to apply the same and why it is not being
followed with respect to all the
aspirants/candidates is a thing baffling to this
Court.
4. Looking to the inconvenience being caused to
the citizen concerned for which they have been
constrained to file separate writ petition, it is felt
apt to seek explanation from the officer concerned.
5. In this view of the matter, it is directed that
the Secretary Finance shall remain present before
this Court to convince as to why the aspirants\
candidates are being harassed and being directed
to move separate writ petitions and get similar
orders for the question which has already been
answered in the case of Vijay Singh (supra) and
also to convince this Court as to what is precluding
[2024:RJ-JD:38672] (3 of 3) [CW-10890/2024]
the State Authorities to apply the dicta referred
supra in all cases having identical circumstances.
6. List the matter on 01.08.2024 for presence of
Secretary Finance.
7. In the meantime, nothing would preclude the
State Authorities to give petitioner the benefit of
the judgment passed in the case of Vijay Singh
(supra).
2. Since the State Government has decided a uniform date of
annual increments for all State Government employees under
Rajasthan Civil Services (Revised Pay) Rules, 2008, nothing
survives in this petition for further consideration.
3. The respondent-authorities are expected to address the
grievances of the petitioner in light of the order dated 12.09.2024
issued by the Secretary to the Government Finance (Budget) and
in light of Vijay Singh vs. State of Rajasthan & Ors.
4. Accordingly, the writ petition is disposed of.
5. Stay petition also stands disposed of.
(FARJAND ALI),J
13-Samvedana/-
Powered by TCPDF (www.tcpdf.org)
