The High Court of Rajasthan disposed of a writ petition challenging discriminatory denial of notional pension benefits compared to another employee, directing the respondents to decide a representation within three months.
Writ application disposed with direction to respondents to decide a representation within three months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 5796/2018
Ramesh Chand Meena S/o Shri Nand Lal Meena, By Caste Meena (St), Aged About 37 Years, R/o Village Bhojgarh, Post Khinya, Tehsil Hindoli, District Bundi, Presently Working On The Post Of Teacher Grade-Iii, At Govt. Upper Primary School Prempura (Amali), District Bundi
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ram Dayal Meena For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
20/03/2018
Learned counsel for the petitioner, 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 Staterespondents 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 petitioner would be satisfied, if the State-respondents are directed
(2 of 2) [CW-5796/2018]
to consider and decide the representation within a time 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 petitioner 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.
SS/266
1 issue framed by the court
Whether the petitioner is entitled to notional pension benefits given to another identically situated person?
1 provisions across 1 enactments
Ramesh Chand Meena
The State Of Rajasthan
Director, Elementary Education, Rajasthan
Chief Executive Officer, Zila Parishad Bundi
District Education Officer, Elementary Education, Bundi
Veerendr Singh Siradhana
As recorded by the court registry
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