Nand Kishore Meghwal S/O Mool Chand Meghwal v. the State of Rajasthan through Its Principal Education Secretary

Rajasthan HC13 Mar 2019CW/3426/2019

Case brief

AI extract

What is this about?

Petitioners seeking notional benefits for teacher posts withdrew the writ petition with liberty to make individual representations to District Education Officers. The court directed officials to dispose of such representations within eight weeks referencing the Hemlata Shrimali judgment.

What the court decided

AI extract

Nand Kishore Meghwal S/O Mool Chand… — Pension and Retirement Benefits | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No.3426/2019

¶3

Nand Kishore Meghwal S/o Mool Chand Meghwal, Aged About 48 Years, R/o Village Chainpura, Post Bohat, Tehsil And District Baran, Rajasthan.

¶4

Renu Verma D/o Durga Shanker Verma, Aged About 31 Years, R/o Shri Ram Sadan Nagar, Parishad Ki Gali, Bundi, Rajasthan.

¶5

Vimla Sharma D/o Rameshwar Prasad Sharma, R/o Plot No.11, Ganesh Nagar, Sector No.3, Pratapnagar, Sanganer, Jaipur, Rajasthan.

¶6

Sushila Verma D/o Kailash Chand, R/o Regro Ka Mohalla, Chhawni Chourahe Ke Pass, District, Tonk, Rajasthan.

¶7

Chentara Jain D/o Champa Lal Jain, R/o C/o Jain Mandir Ke Samne, Naveen Mandi, Malpura, District Tonk, Rajasthan.

¶8

----Petitioners

¶9

Versus

¶10

The State Of Rajasthan Through Its Principal Education Secretary, Government Secretariat, Rajasthan, Jaipur.

¶11

The Secretary Cum Commissioner, Panchayati Raj Department, Government Secretariat, Rajasthan, Jaipur.

¶12

The Director (Primary Education), Bikaner.

¶13

The Chief Executive Officer, Zila Parishad, Jhalawar.

¶14

The District Education Officer (Elementary), Jhalawar.

¶15

The Chief Executive Officer, Zila Parishad, Baran.

¶16

The District Education Officer (Elementary), Baran.

¶17

The Chief Executive Officer, Zila Parishad, Bundi.

¶18

The District Education Officer (Elementary), Bundi.

¶19

The Chief Executive Officer, Zila Parishad, Pali.

¶20

The District Education Officer (Elementary), Pali

¶21

The Chief Executive Officer, Zila Parishad, Tonk.

¶22

The District Education Officer (Elementary), Tonk.

¶23

----Respondents

¶24

For Petitioner(s) : Mr.Ram Pratap Saini with Mr.Giriraj Rajoria.

¶25

(2 of 3)

¶26

[CW-3426/2019]

¶27

HON'BLE MR. JUSTICE ALOK SHARMA Order

¶28

13/03/2019

¶29

Counsel for the petitioners submitted that the issue

¶30

agitated in this petition is covered on all fours by the judgment of this Court in the case of Hemlata Shrimali & Others Versus

¶31

State of Rajasthan & Others and connected matters, SBCWP No.3247/2015 decided on 01.04.2015. Counsel submitted that albeit the case of the petitioners is covered by the principle enunciated in the aforesaid judgment of this court, the petitioners similarly entitled are not being granted notional benefits on the post of Teacher Gr.III with effect from the date they are due.

¶32

Perusal of the writ petition indicates that requisite

¶33

documents for this court to evaluate the case set up by the petitioners are not annexed to the petition. In absence of such documents this court cannot ascertain whether the petitioners’

¶34

case is at par with that of Hemlata Shrimali & Others (supra).

¶35

Counsel for the petitioners submitted that in this state

¶36

of affairs the petitioners be allowed to withdraw the petition with liberty to make an individual representations with supporting

¶37

(3 of 3)

¶38

[CW-3426/2019]

¶39

material to the jurisdictional District Education Officer ventilating

¶40

their grievance and claiming parity with Hemlata Shrimali.

¶41

In the circumstances, the writ petition is disposed of as

¶42

withdrawn with liberty as prayed for. The petitioners shall be at liberty to make an individual detailed representations 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 an individual representations being submitted by the petitioners ventilating their grievance, the jurisdictional District Education Officer is directed to dispose of them in accordance with law in the light of the judgment passed in the case of Hemlata Shrimali & Ors. (supra) to the extent applicable with reference to the facts of the petitioners’ case, by a reasoned order within a period of eight weeks of their receipt.

¶43

Petition stands accordingly disposed of.

¶44

(ALOK SHARMA), J

¶45

Himanshu/157

Nand Kishore Meghwal S/O Mool Chand Meghwal v. the State of Rajasthan through Its Principal Education Secretary

Case brief

What is this about?

What the court decided

Nand Kishore Meghwal S/O Mool Chand Meghwal v. the State of Rajasthan through Its Principal Education Secretary

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Rajesh Kumar Meena S/O Shri Bhopala Ram Meena Vs the State of Rajasthan

Hanuman Gurjar S/O Ramphool Gurjar Vs the State of Rajasthan through Its Principal Secretary

Dr. Nupur Shukla, D/O Suresh Shukla Vs Rajasthan University of Health Sciences, Ruhs

Munna Kumar Udeniya Son of Shri Jaman Lal Vs State of Rajasthan

Preeti Porwal D/O Gyan Chand Jain Vs the State of Rajasthan through Its Principal Education Secretary

Naveen Kumar Gupta S/O Shri Omprakash Gupta Vs State of Rajasthan