Disposed

Gambheer Singh Son of Shri Mool Chand Fauzdar v. State of Rajasthan through Its Secretary

Rajasthan HC13 Dec 2018CW/21138/2018

Case brief

AI extract

What is this about?

Petitioners sought notional benefits as Teachers Gr.III. The Court noted missing annexures and could not ascertain parity with the Hemlata Shrimali judgment. The writ petition was disposed of as withdrawn, allowing a fresh representation with supporting material to the District Education Officer.

What did the court decide?

Petition disposed of as withdrawn with liberty to make a representation with supporting material to the District Education Officer.

Gambheer Singh Son of Shri Mool Chand Fauzdar Vs… — Education and Admissions | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No.21138/2018

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Gambheer Singh Son Of Shri Mool Chand Fauzdar, Aged About 35 Years, Resident Of Village Nagla Bija, Post Terahiyan, Tehsil Roopbas, District Bharatpur (Raj.)

¶4

Madan Mohan Dhakar Son Of Shri Gangavishan Dhakar, Aged About 35 Years, Resident Of Village And Post Bagor, Tehsil Nadoti, District Karauli (Raj.)

¶5

Dharm Singh Meena Son Of Shri Jaldhari Meena, Aged About 34 Years, Resident Of Village And Post Sewa, Tehsil Wazirpur, District Sawai Madhopur (Raj.)

¶6

Jai Veer Singh Son Of Shri Daulat Singh, Aged About 42 Years, Resident Of 387/27, Surajpolegate, Kain Niwas, Bharatpur District Bharatpur (Raj.)

¶7

Preetam Singh Baghel Son Of Shri Thakuri Lal, Aged About 45 Years, Resident Of Village Bachhamdi (Nauh), Achnera (Chiksana) Road, Bharatpur District Bharatpur (Raj.)

¶8

Pramila Sharma Daughter Of Shri Shrinath Sharma, Aged About 38 Years, Resident Of Village Neharliwale Gandhi Chowk, Bayana, District Bharatpur (Raj.)

¶9

Darshan Singh Son Of Shri Virendra Singh, Aged About 35 Years, Resident Of Heera Pansari Wali Gali, Ward No. 05, Village And Post Sewar, Tehsil Sewar, District Bharatpur (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan Through Its Secretary, Education Department, Govt. Secretariat, Jaipur (Raj.)

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Director, Secondary Education, Rajasthan, Bikaner (Raj.)

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Director, Primary Education, Rajasthan, Bikaner (Raj.)

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District Education Officer, Elementary Education, Bharatpur (Raj.)

¶16

District Education Officer, Elementary Education, Bharatpur (Raj.)

----Respondents

(2 of 3)

[CW-21138/2018]

For Petitioner(s) : Mr.Mukesh Choudhary. For Respondent(s) : Mr.S.K. Gupta, AAG.

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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13/12/2018

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Counsel for the petitioners submitted that the issue agitated in this petition is covered on all fours by the judgment of this Court in the case of Hemlata Shrimali & Others Versus State of Rajasthan & Others and connected matters, SBCWP No.3247/2015 decided on 01.04.2015. Counsel submitted that albeit the case of the petitioners is covered by the principle enunciated in the aforesaid judgment of this court, the petitioners similarly entitled are not being granted notional benefits on the post of Teacher Gr.III with effect from the date they are due.

¶25

Perusal of the writ petition indicates that requisite documents for this court to evaluate the case set up by the petitioners are not annexed to the petition. In absence of such documents this court cannot ascertain whether the petitioners’ case is at par with that of Hemlata Shrimali & Others (supra).

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Counsel for the petitioners submitted that in this state of affairs the petitioners be allowed to withdraw the petition with liberty to make a representation with supporting material to the jurisdictional District Education Officer ventilating their grievance and claiming parity with Hemlata Shrimali.

¶27

In the circumstances, the writ petition is disposed of as withdrawn with liberty as prayed for. The petitioners shall be at liberty to make a detailed representation with material particulars

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(3 of 3) [CW-21138/2018]

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to the jurisdictional District Education Officer with reference to the law enunciated by this court in the case of Hemlata Shrimali & Others (supra). In the event of a representation being submitted by the petitioners ventilating their grievance, the jurisdictional District Education Officer is directed to dispose it of in accordance with law, by a reasoned order within a period of eight weeks of receipt.

¶30

Petition stands accordingly disposed of.

¶31

(ALOK SHARMA),J

¶32

Karan/1

Gambheer Singh Son of Shri Mool Chand Fauzdar v. State of Rajasthan through Its Secretary

Case brief

What is this about?

What did the court decide?

Gambheer Singh Son of Shri Mool Chand Fauzdar v. State of Rajasthan through Its Secretary

Case brief

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