Disposed

Sukhveer Singh Shekhawat and Ors. v. Principal Secretary and Ors.

Rajasthan HC10 Jan 2018CW/864/2018

Case brief

AI extract

What is this about?

Petitioners challenged the denial of notional pension benefits granted to a similarly situated third party. The court dismissed the immediate prayer for automatic benefits but stayed the proceedings, directing the State to consider the petitioners' comprehensive representation within three months.

What did the court decide?

Direction to the State-respondents to consider and decide the petitioners' comprehensive representation within three months.

Sukhveer Singh Shekhawat and Ors. Vs Principal… — Education and Admissions | 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. 864 / 2018

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Sukhveer Singh Shekhawat S/o Shri Richpal Singh Shekhawat, Aged About 37 Years, R/o Plot No. 1Shyam Nagar, Near Virandawan Colony, Jhotwara, Jaipur (Rajasthan). At Present Working Govt. Upper Primary School, Tejaji Ki Dhani, Fatehpura, Block Govindgarh, District Jaipur.

¶4

Mahesh Kumar Verma S/o Shri Premchand Verma, Aged About 41 Years, R/o VPO Lalasar Via Renwal District Jaipur (Rajasthan) At Present Working Govt. Upper Primary School, Gori Ka Baas, Block Govindgarh, District Jaipur.

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Premprakash Saini S/o Shri Panchulal Saini, Aged About 43 Years, R/o Ward No. 1, Near Fire Brigade Office, Reengus Road, Chomu, District Jaipur (Rajasthan). At Present Working Govt. Primary School, Tanesar, Tingirya, P.S. Govindgarh, District Jaipur.

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Bhanwar Lal S/o Shri Lumbaram, Aged About 39 Years, R/o Old Sansi Colony, Behind Neelam Cinema, Ward No. 24, Balotra, District Barmer (Rajasthan). At Present Working Govt. Upper Primary School Kumharo Ki Dhani, Naya Dudwa, Block Balotra, District Barmer (Rajasthan)

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Babulal Choudhary S/o Shri Njmba Ram Choudhary, Aged About 40 Years, R/o Khema Baba Colony, Village Post Baitu Bhopjee Via Baitu District Barmer (Rajasthan). At Present Working Govt. Upper Primary School, Handli Nadi, Umrali, P.S. Kalyanpur District Barmer.

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Lakh Singh Dungrot S/o Shri Ram Singh Dungrot, Aged About 38 Years, R/o Maa Sundha Icecream Parlour, Near P.H.E.D. Office, Shiv Chouraha, Pachpadra Road, Balotra, District Barmer (Rajasthan). At Present Working Govt. Upper Primary School, Bhindakuwa, P.S. Balotra, District Barmer.

¶9

Kamal Singh Rajpurohit S/o Shri Gemar Singh, Aged About 42 Years, R/o VPO Lakha, Tehsil Fatehgarh, District Jaisalmer (Rajasthan) At Present Working Govt. Upper Primary School, Dungar Ki Dhani, Lakha, Jaisalmer.

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Ashok Kumar Choudhary S/o Shri Joraram Choudhary, Aged About 34 Years, R/o Ashok Bhawan, Behind 132 KV Power House, Baldev Nagar, Barmer. At Present Working Govt. Upper Primary School, Bhairaram Saran Ki Dhani, Rawatsar, District Barmer.

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Bhanwar Lal S/o Shri Soora Ram, Aged About 37 Years, R/o VPO Asotra, Vera Bhadarwa, Via Balotra, Tehsil Panchpadra, District Barmer (Rajasthan). At Present Working Govt. Upper Primary School Khel Nadi, Balotra District Barmer.

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(2 of 4)

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[CW-864/2018]

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Sanjay Kumar Sharma S/o Shri Krishan Kumar Sharma, Aged About 40 Years, R/o New Abadi, Bagidora, VPO Bagidora, District Banswara (Rajasthan). At Present Working Govt. Upper Primary School Lalawada, Bagidora, District Banswara.

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Anuj Singh Rathore S/o Shri Tribuwan Singh Rathore, Aged About 36 Years, R/o Village Babra Post Babra Tehsil Raipur District Pali (Rajasthan). At Present Working Govt. Upper Primary School Babra, P.S. Raipur, Pali.

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Damodar Prsad Swami S/o Jagdish Parsad Swami, R/o Village Dultpura, Post Manda- Bhinda Via Govindgar District Jaipur, Rajasthan. At Present Working Govt. Upper Primary School Chhapura Kalana Viratnagar Jaipur Rajasthan.

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Vijayant Kumar S/o Sh. Ramkishan, Aged About 30 Years, Village Kajlan Ka Bass (Rambass ) Po Kajalan Teh. Buhana District Jhunjhunu (Raj.) At Present Working Govt. Upper Primary School Kalothara P.S. Buhana District Jhunjhunu.

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Prem Singh S/o Hari Singh, Aged About 38 Years, R/o Vill. Post Sahad Teh. Buhana District Jhunjhunu. At Present Working Govt. Upper Primary School Nuhaniya P.S. Buhana District Jhunjhunu.

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----Petitioners

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Versus

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The Principal Secretary, Department of Education, Government Secretariat, Rajasthan, Jaipur.

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The Director (Primary Education), Bikaner.

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The District Education Officer, Elementary Education, Jaipur, District Jaipur, Rajasthan.

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The District Education Officer, Elementary Education, Barmer, District Barmer, Rajasthan.

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The District Education Officer, Elementary Education, Jaisalmer, District Jaisalmer.

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The District Education Officer, Elementary Education, Pali, District Pali, Rajasthan.

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The District Education Officer, Elementary Education, Banswara, District Banswara, Rajasthan.

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The District Education Officer, Elementary Education, Jhunjhunu, District Jhunjhunu, Rajasthan.

----Respondents

(3 of 4)

[CW-864/2018]

For Petitioner(s) : Mr. Gajendra Sharma

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For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order

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10/01/2018

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Though the matter has been listed in the category of “defect side”, however looking to the nature of the controversy and prayer made by the learned counsel for the petitioners; the defects, pointed out by the Registry, are waived for the present.

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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 28^th 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.

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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 frame in the backdrop of order dated 7^th May, 2013, wherein benefits on notional basis have been accorded to Mr. Vinod Kumar Chobisa.

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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.

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(4 of 4)

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[CW-864/2018]

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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.

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With the observations and directions, as indicated above, the

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writ application stands disposed off.

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(VEERENDR SINGH SIRADHANA)J.

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Pooja/228

Sukhveer Singh Shekhawat and Ors. v. Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Sukhveer Singh Shekhawat and Ors. v. Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

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