Disposed
Directorate of Secondary Education v. Deveshwar Nath Sharma
Rajasthan HCSAW/474/2021
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JUDICATURE FOR RAJASTHAN AT JODHPUR D.B.…
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JUDICATURE FOR RAJASTHAN AT JODHPUR D.B.…
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 474/2021
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Pankaj Sharma, AAG with Mr. Rishi Soni For Respondent(s) : Mr. Khet Singh Rajpurohit
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
22/07/2022
Identical batch of special appeals led by D.B. Special Appeal (Writ) No. 362/2020 (The Director, Secondary Education, Rajasthan, Bikaner vs Narendra Kumar Boolchandani & Ors) has been decided by Coordinate Division Bench of this Court by order dated 04.02.2022 in the following terms:-
"All these appeals arise out of common background. The learned Single Judge had disposed of the respective petitions by ex-parte order without notice to the Government. The directions
(2 of 2)
[SAW-474/2021]
were issued to cover the case of the petitioners along the line of decisions in the case of Om Prakash Sharma vs. The State of Rajasthan & Ors (S.B. Civil Writ Petition No.21214/2017) and Hemlata Shrimali Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3247/2015). The said directions which would bind the Government could not have been issued without even notice to the respondents.
Learned counsel for the petitioners, however, submitted that the issue is arising in large number of cases and in several departments, the Government has accepted the stand and granted the benefits. If the petitioners are not granted similar benefits, it would amount to discriminatory treatment. Whatever be the grievance of the petitioners they can be resolved at the level of the administration or by the Court through bipartite hearing.
In view of the peculiar circumstances, these appeals are disposed of by permitting the Government to take into account the representations already made or to be filed by any of the petitioners within one month. In the process, the authorities will bear in mind the stand taken by the department in similar cases. Such representations would be decided in accordance with law unmindful of the observations and directions issued by the learned Single Judge in the impugned orders. Eventually, if the grievances of the petitioners still survive after the Government decision, it is open for the petitioners to seek redressal thereafter in accordance with law."
Thus, without recording separate reasons, the instant appeal is also disposed of with the same observations/directions.
(KULDEEP MATHUR),J
(SANDEEP MEHTA),J
75-Sudhir Asopa/-
Colour shows how this judgement treated each authority
Om Prakash Sharma vs. The State of Rajasthan & OrsReferred¶16
Om Prakash Sharma vs. The State of Rajasthan & Ors (S.B. Civil Writ Petition No.21214/2017)
Hemlata Shrimali Vs. State of Rajasthan & Ors.Referred¶16
Hemlata Shrimali Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3247/2015)
Directorate Of Secondary Education
Deveshwar Nath Sharma
State Of Rajasthan
Rajasthan Public Service Commission
Sandeep Mehta
Kuldeep Mathur
As recorded by the court registry
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