Disposed

Chetan Kumar Yadav S/O Shri Badri Lal Yadav v. the State of Rajasthan through Its Secretary Cum Commissioner

Rajasthan HC5 Dec 2018CW/21223/2018

Case brief

AI extract

What is this about?

This single-bench order withdraws a writ petition concerning entitlement to notional benefits for a teacher. The court found insufficient documentation to ascertain parity with a prior judgment, allowing withdrawal with liberty to make a representation to the District Education Officer.

What did the court decide?

Writ petition disposed of as withdrawn with liberty to make a representation to the District Education Officer with supporting material.

Chetan Kumar Yadav S/O Shri Badri Lal… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.21223/2018

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Chetan Kumar Yadav S/o Shri Badri Lal Yadav, Aged About 33 Years, R/o Khureta, Tehsil Piplu, District Tonk.

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----Petitioner

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Versus

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The State Of Rajasthan Through Its Secretary Cum Commissioner, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

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Director, Elementary Education, Rajasthan, Bikaner.

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Chief Executive Officer, Zila Parishad Tonk

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District Education Officer, Elementary Education, Tonk

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----Respondents

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For Petitioner(s) : Mr.Rakesh Kumar Saini 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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05/12/2018

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Counsel for the petitioner submitted that the issue

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agitated in this petition is covered on all fours by the judgment of

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this Court in the case of Hemlata Shrimali & Others Versus

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State of Rajasthan & Others and connected matters, SBCWP

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No.3247/2015 decided on 01.04.2015. Counsel submitted that

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albeit the case of the petitioner is covered by the principle

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enunciated in the aforesaid judgment of this court, the petitioner

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(2 of 3)

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[CW-21223/2018]

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similarly entitled is not being granted notional benefits on the post

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of Teacher Gr.III with effect from the date it is due.

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Perusal of the writ petition indicates that requisite

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

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

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In the circumstances, the writ petition is disposed of as withdrawn with liberty as prayed for. The petitioner shall be at liberty to make a detailed representation with material particularly 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 petitioner ventilating his grievance, the jurisdictional District Education Officer is directed to dispose it of in accordance

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(3 of 3)

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[CW-21223/2018]

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with law, by a reasoned order within a period of eight weeks of

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receipt.

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Petition stands accordingly disposed of.

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(ALOK SHARMA), J

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Himanshu/53

Chetan Kumar Yadav S/O Shri Badri Lal Yadav v. the State of Rajasthan through Its Secretary Cum Commissioner

Case brief

What is this about?

What did the court decide?

Chetan Kumar Yadav S/O Shri Badri Lal Yadav v. the State of Rajasthan through Its Secretary Cum Commissioner

Case brief

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What did the court decide?

What the court decided

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