Rajasthan High Court

CW/27581/2018 of GAJENDRA KUMAR NAGAR SON OF SHRI HEERA LAL NAGAR Vs STATE OF RAJASTHAN on 21 December 2018

JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writs No. 27581/2018 1. Gajendra Kumar Nagar Son Of Shri Heera Lal Nagar, Aged About 32 Years, By Caste Nagar, Resident Of Village Kadaheda, Post Jakhoda, Tehsil Ladpura, District Kota (Raj.) 2. Uma Shankar Nagar Son Of Shri Ram Lal Nagar, By

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writs No. 27581/2018

1. Gajendra Kumar Nagar Son Of Shri Heera Lal Nagar, AgedAbout 32 Years, By Caste Nagar, Resident Of VillageKadaheda, Post Jakhoda, Tehsil Ladpura, District Kota(Raj.)About 32 Years, By Caste Nagar, Resident Of VillageKadaheda, Post Jakhoda, Tehsil Ladpura, District Kota(Raj.)

2. Uma Shankar Nagar Son Of Shri Ram Lal Nagar, By CasteNagar, Resident Of House No. 155, Goverdhan Chowk,Police Line, Bajrang Nagar, Kota (Raj.)Nagar, Resident Of House No. 155, Goverdhan Chowk,Police Line, Bajrang Nagar, Kota (Raj.)

3. Dharmendra Kumar Meena Son Of Shri Shanti Lal Meena,By Caste Meena, Resident Of Village And Post Chomakot,Tehsil Deegod, District Kota (Raj.)By Caste Meena, Resident Of Village And Post Chomakot,Tehsil Deegod, District Kota (Raj.)

4. Shweta Suthar Daughter Of Shri Shanti Lal Suthar,Resident Of 13, Nivedita Colony, Nimbaheda, DistrictChittorgarh (Raj.)Resident Of 13, Nivedita Colony, Nimbaheda, DistrictChittorgarh (Raj.)

5. Banwari Lal Beniwal Son Of Shri Chetaram Beniwal,Resident Of Village Amloda, Post Dhavli, Tehsil Shahpura,District Jaipur (Raj.)Resident Of Village Amloda, Post Dhavli, Tehsil Shahpura,District Jaipur (Raj.)

----Petitioners

Versus

1. State Of Rajasthan, Through Its Principal Secretary, RuralDevelopment And Panchatiraj Department, Govt.Secretariat, Jaipur. (Raj.)Development And Panchatiraj Department, Govt.Secretariat, Jaipur. (Raj.)

2. The Secretary Education Department, Govt. Secretariat,Jaipur (Raj.)Jaipur (Raj.)

3. Director, Elementary Education, Rajasthan, Bikaner (Raj.)

4. District Education Officer, Elementary Education, Kota(Raj.)(Raj.)

5. Chief Executive Officer, Zila Parishad Kota (Raj.)

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6. District Education Officer, Elementary Education,Chittorgarh (Raj.)Chittorgarh (Raj.)

7. Chief Executive Officer, Zila Parishad Chittorgarh (Raj.)

----Respondents

For Petitioner(s) : Mr. Rakesh Kumar SainiFor Respondent(s): Mr. YS Jadaun for Mr. SK Gupta, AAG

HON'BLE MR. JUSTICE ALOK SHARMA

Order

21/12/2018

Counsel for the petitioners submitted that the issueagitated in this petition is covered on all fours by the judgment ofthis Court in the case of Hemlata Shrimali & Others Versus State of Rajasthan & Othersand connected matters, SBCWPNo.3247/2015 decided on 01.04.2015. Counsel submitted thatalbeit the case of the petitioners is covered by the principleenunciated in the aforesaid judgment of this court, the petitionerssimilarly entitled are not being granted notional benefits on thepost of Teacher Gr.III with effect from the date they are due.

Perusal of the writ petition indicates that requisitedocuments for this court to evaluate the case set up by thepetitioners are not annexed to the petition. In absence of suchdocuments this court cannot ascertain whether the petitioners’case is at par with that of Hemlata Shrimali & Others (supra).

Counsel for the petitioners submitted that in this stateof affairs the petitioners be allowed to withdraw the petition withliberty to make a representation with supporting material to thejurisdictional District Education Officer ventilating their grievanceand claiming parity with Hemlata Shrimali.

In the circumstances, the writ petition is disposed of aswithdrawn with liberty as prayed for. The petitioners shall be atliberty to make a detailed representation with material particularsto the jurisdictional District Education Officer with reference to thelaw enunciated by this court in the case of Hemlata Shrimali &

Others (supra). In the event of a representation being submittedby the petitioners ventilating their grievance, the jurisdictionalDistrict Education Officer is directed to dispose it of in accordancewith law, by a reasoned order within a period of eight weeks of itsreceipt.

Petition stands accordingly disposed of.

(ALOK SHARMA),J

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