Petitioner alleged discriminatory denial of notional benefits compared to another person. The court directed the petitioners to submit a comprehensive representation, with a direction to the State to decide it within three months.
Petitioners to submit comprehensive representation; State to decide within three months via reasoned order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2358 / 2018
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
02/02/2018
Learned counsel for the petitioners, at the very outset submits that identically situated person, namely, Mr. Vinod Kumar Chobisa, has been accorded notional benefits from 28th January, 2008, whereas the petitioners, who were identically situated, have been declined the same treatment and thus, the action of the State-respondents is discriminatory and in violation to the mandate of Article 14 of the Constitution of India.
Learned counsel further submits that for the present, the petitioners would be satisfied, if the State-respondents are directed to consider and decide the representation within a time
(2 of 2)
[CW-2358/2018]
frame in the backdrop of order dated 7th May, 2013, wherein benefits on notional basis have been accorded to Mr. Vinod Kumar Chobisa.
In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioners to address a comprehensive representation to the respondents within two weeks hereinafter.
In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order as expeditiously as possible in accordance with law. However, in no case later than three months from the date of receipt of the representation along with a certified copy of this order.
With the observations and directions, as indicated above, the writ application stands disposed off.
(VEERENDR SINGH SIRADHANA)J.
SS/262
2 issues framed by the court
Whether the petitioner is entitled to the same benefits accorded to an identically situated person.
Whether the State is required to decide the matter within three months.
Radhey Shyam Sharma
Shanker Lal Yadav
State of Rajasthan
Director, Primary Education, Bikaner
District Education Officer (Elementary) Jaipur
Veerendra Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
