Disposed

Santosh Kumar Mehta v. the State of Rajasthan

Rajasthan HC23 Apr 2024CW/1407/2024

Case brief

AI extract

What is this about?

The High Court disposed of the writ petitions seeking service and notional benefits as Senior Teachers with effect from 2014, granting liberty to the petitioners to file representations before the competent authority for independent consideration in light of the relied judgment.

What did the court decide?

Liberty granted to file representation before competent authority for decision on claim.

Santosh Kumar Mehta Vs the State of… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:18144]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1407/2024

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Santosh Kumar Mehta S/o Ganesh Lal Mehta, Aged About 36 Years, Resident Of Village Gaderta, Post Samaraniya, Tehsil Shahabad, District Baran, (Posted As Senior Teacher At Gsss Delwas, District Chittorgarh).

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Ajay Kumar Sen S/o Mohan Lal Sen, Aged About 36 Years, Resident Of Ward No. 24, Near Bada Mandir, Suket, Ramganj Mandi, District Kota (Posted As Senior Teacher At Gsss Jalkhera, District Chittorgarh).

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Dilip Rathore S/o Mangi Lal Rathore, Aged About 34 Years, Resident Of Ward No 5 Near Shiv Temple, Pachpahar, District Jhalawar (Posted As Senior Teacher At Gss Gatheri, Bhadesar, District Chittorgarh).

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----Petitioners

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Versus

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

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The Director, Secondary Education, Rajasthan, Bikaner. 3. The Dy. Director, Secondary Education, Udaipur Division, Udaipur.

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The Joint Director, School Education, Udaipur Division, Udaipur.

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The District Education Officer, Secondary, Chittorgarh. ----Respondents

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For Petitioner(s)	: Mr. Ravindra Jhala for
	Mr. Hanuman Singh Choudhary
For Respondent(s)	: Mr. Hemant Choudhary

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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23/04/2024

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Grievance of the petitioner herein inter alia, arises out of inaction on part of the respondents in according him correct

[2024:RJ-JD:18144]

[CW-1407/2024]

(2 of 3)

service benefits and notional benefits on the post of Sr. Teacher Gr.II with effect from the the year 2014.

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On a Court query as to why the petitioner has filed the instant petition so belatedly, given that the benefits are sought with effect from year 2014, learned counsel for the petitioner states that the said benefits are recurring in nature. The cause of action continues from day to day. Petitioner was throughout sanguine that his claim would be accepted. Having waited for the Competent Authority to take a decision on the same, only when he finally lost hope of any action on the part of the respondents, the instant petition has been filed.

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Learned counsel for the petitioner relies on order/judgment in Manoj Khandelwal & Ors. Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.7283/2014, decided on 16.07.2014 at Jaipur Bench.

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Learned counsel for the petitioner submits that the petitioner may be granted liberty to file a representation before the competent authority and the same can then be decided by passing appropriate administrative orders, in accordance with law.

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Request seems to be fair.

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Learned counsel for the respondents is agreeable to the submissions made by learned counsel for the petitioner

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Accordingly, without commenting on the merits of the submissions as noted hereinabove, the writ petition is disposed of with a liberty to the petitioner to file a representation, which shall be gone into by the competent authority and appropriate administrative order shall be passed in accordance with law.

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(3 of 3) [CW-1407/2024]

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[2024:RJ-JD:18144]

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Needless to say that the competent authority shall go through the judgment relied upon by learned counsel for the petitioner as mentioned hereinabove and apply its independent mind on the applicability of the same before passing any order.

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Needful be done as expeditiously as possible.

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(ARUN MONGA),J

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28-skm/-

Santosh Kumar Mehta v. the State of Rajasthan

Case brief

What is this about?

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Santosh Kumar Mehta v. the State of Rajasthan

Case brief

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