Dismissed

Shakira B D/O Shri Deen Mohammed v. the State of Rajasthan

Rajasthan HC13 Aug 2019CW/7234/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition by permitting withdrawal with liberty to file a detailed representation. Competent authorities were directed to decide the representation based on the Hemlata Shrimali judgment within seven weeks.

What did the court decide?

Writ petition disposed of with liberty to file detailed representation; direction to respondent to decide within seven weeks.

Shakira B D/O Shri Deen Mohammed Vs the State of… — Service and Employment | 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. 7234/2019

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Shakira B D/o Shri Deen Mohammed, Aged About 37 Years, R/o Near New Tehsil Building, Aligarh, Tehsil Uniyara, District Tonk.

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Neerava D/o Rughveer, Aged About 30 Years, R/o Village Khoda, Ward No. 8, Tehsil Rawatsar, District Hanumangarh.

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----Petitioners

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Versus

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The State Of Rajasthan, Through Its Secretary Cum Commissioner, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

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Director, Elementary Education, Rajasthan, Bikaner.

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Chief Executive Officer, Zila Parishad Jhalawar.

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Chief Executive Officer, Zila Parishad Shriganganagar

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District Education Officer, Elementary Education, Jhalawar. 6. District Education Officer, Elementary Education, Shriganganagar.

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----Respondents

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For Petitioner(s) : Mr. Rakesh Kumar Saini, Adv. For Respondent(s) : Mr. C.L. Saini, AAG

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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13/08/2019

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The grievance of the petitioners in the instant petition is to grant them notional benefit from the date of appointment, as given to other persons selected in the same selection process in pursuance of recruitment made on the post of Teacher Grade-III

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(2 of 3)

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[CW-7234/2019]

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Level-II. Counsel for the petitioners submitted that the petitioners were appointed in the month of September 2013 and also joined.

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Counsel submitted that the controversy with regard to grant

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of notional benefit has been decided by this Court vide order dated 01.04.2015 in S.B. Civil Writ Petition No. 3247/2015 (Hemlata Shrimali & Ors. Vs. State of Rajasthan & Ors. alongwith other connected writ petitions.

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Counsel submitted that the Co-ordinate Bench of this Court in the case of Hemlata Kumari Vs. The State of Rajasthan (S.B. Civil Writ Petition No. 1774/2019) vide order dated 29^th January, 2019 has permitted the candidates to withdraw the petition to approach the respondents to consider the grievance with regard to grant of notional benefits.

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The order passed by the Co-ordinate Bench of this Court in the case of Hemlata Kumari Vs. The State of Rajasthan (supra) is reproduced hereunder:-

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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 her grievance, the jurisdictional District Education Officer is directed to dispose it of 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 petitioner’s case, by a reasoned order within a period of eight weeks of its its receipt.

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Petition stands accordingly disposed of.”

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Counsel for the petitioners submitted that the present writ petition may be permitted to be withdrawn with liberty to the

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(3 of 3)

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[CW-7234/2019]

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petitioners to make a detailed representation to the respondents with all the particulars and further, in reference to the directions & ratio laid down in the judgment passed in the case of Hemlata

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Kumari Vs. The State of Rajasthan (supra).

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Accordingly, the present writ petition is disposed of with liberty to the petitioners to file a detailed representation to the respondents with all the relevant facts and the Competent Officer is directed to decide the representation of the petitioners in accordance with law in the light of the judgment passed in the case of Hemlata Kumari Vs. The State of Rajasthan (supra) to the extent applicable with reference to the facts of the present case, by a reasoned and speaking order within a period of seven weeks from the date of submission of representation alongwith certified copy of this order.

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(ASHOK KUMAR GAUR),J

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Ramesh Vaishnav /86/12

Shakira B D/O Shri Deen Mohammed v. the State of Rajasthan

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Shakira B D/O Shri Deen Mohammed v. the State of Rajasthan

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