Rajasthan High Court - Jodhpur
Bhoora Ram Solanki vs The State Of Rajasthan ... on 26 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:40481]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16221/2024
Bhoora Ram Solanki S/o Shri Heera Ram, Aged About 57 Years,
Resident Of Meghwalon Ka Bass, Gudalas, Mundara, District Pali,
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Education Department, Government Of Rajasthan, Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Surendra Singh
Mr. Om Prakash
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
26/09/2024
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 benefits, disposed of the appeals vide
order dated 04.02.2022 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.
[2024:RJ-JD:40481] (2 of 2) [CW-16221/2024]
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 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 The Director, Secondary
Education, Rajasthan, Bikaner Vs. Narendra Kumar
Boolchandani & Ors. (supra).
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.
5. Stay petition also stands disposed of accordingly.
(FARJAND ALI),J
229-chhavi/-
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