Partly allowed

Naveen Kumar Gupta S/O Shri Omprakash Gupta v. State of Rajasthan

Rajasthan HC13 Mar 2019CW/2903/2019

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition as withdrawn, granting liberty to the petitioner to make a representation for parity in notional benefits based on Hemlata Shrimali. The District Education Officer is directed to dispose of the representation within eight weeks.

What did the court decide?

Petition disposed of as withdrawn with liberty to make a representation; District Education Officer directed to decide within eight weeks.

Naveen Kumar Gupta S/O Shri Omprakash… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.2903/2019

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Naveen Kumar Gupta S/o Shri Omprakash Gupta, Aged About 36 Years, R/o Village C-60, Jawahar Nagar, Bharatpur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Its Secretary Rural And Panchayati Raj Department, Govt. Secretariat, Jaipur (Rajasthan)

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Secretary Cum Commissioner, Panchayati Raj Department, Govt. Secretariat Rajasthan, Jaipur (Rajasthan)

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

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Chief Executive Officer, Zila Parishad, Bharatpur (Rajasthan)

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

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----Respondents

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For Petitioner(s) : Mr.Pavan Kumar

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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13/03/2019

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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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(2 of 3) [CW-2903/2019]

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enunciated in the aforesaid judgment of this court, the petitioner similarly entitled is not being granted notional benefits on the post

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

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Perusal of the writ petition indicates that requisite 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 particulars 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-2903/2019]

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with law in the light of the judgment passed in the case of

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Hemlata Shrimali & Ors. (supra) to the extent applicable with

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reference to the facts of the petitioner’s case, by a reasoned order

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within a period of eight weeks of its receipt.