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Rajasthan High Court - Jodhpur

Ramdayal Suthar vs State Of Rajasthan on 12 July, 2022

Author: Arun Bhansali

Bench: Arun Bhansali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Writ Petition No. 2245/2022

Ramdayal Suthar S/o Late Shri Chokha Ram Suthar, Aged About
59 Years, R/o Plot No. 13, Guljar Nagar, Bhadwasiya, Jodhpur,
District Jodhpur, Rajasthan.
                                                                    ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through The Secretary, Department
       Of    Education,       Government            Of      Rajasthan,     Jaipur,
       Rajasthan.
2.     The   Director,    Secondary          Education,         Bikaner,   District
       Bikaner, Rajasthan.
3.     The Joint Director (School Education), Jodhpur Division,
       District Jodhpur, Rajasthan.
4.     The District Education Officer (Headquarter), Secondary
       Education, Jodhpur, District Jodhpur, Rajasthan.
                                                                ----Respondents


For Petitioner(s)         :    Mr. Kailash Jangid.
For Respondent(s)         :    Mr. Hemant Choudhary, G.C.



            HON'BLE MR. JUSTICE ARUN BHANSALI

Order 12/07/2022 Learned counsel for the petitioner submits that the issue raised in the present writ petition is squarely covered by judgment in Champalal Vyas v. State of Rajasthan & Anr.: S.B. Civil Writ Petition No.6881/2015 & connected writ petitions, decided on 23.7.2018, which judgment has been upheld in State of Rajasthan v. Champalal Vyas: D.B. Special Appeal (Writ) No.912/2019, decided on 31.7.2019, which order has subsequently been followed in Heera Lal Dangi & Ors. v. State of Rajasthan & Ors.:

S.B. Civil Writ Petition No.2351/2019 & connected writ petitions, (Downloaded on 12/07/2022 at 09:09:52 PM) (2 of 2) [CW-2245/2022] decided on 14.1.2021 and, therefore, the present writ petition may also be decided in light of juedgment in the case of Champalal Vyas (supra).
Learned counsel for the respondents though did not dispute that the issue raised in the present writ petition is similar to that of Champalal Vyas (supra), however, attempted to contest the point of time, from which, the relief could be claimed by the petitioner.
In view of the above fact situation, the petitioners may approach the respondent - competent authority by way of an appropriate representation raising all the issues as raised in the present writ petition along with copies of the orders in the case of Champalal Vyas (supra) and it is expected of the respondents to decide the representation to be made by the petitioner by way of speaking order within a period of four weeks from the date the representation is made by the petitioner in accordance with law.
With the above, the petition filed by the petitioner stands disposed of.
(ARUN BHANSALI),J 17-Sumit/-
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