Rajasthan High Court - Jodhpur
Banwari Lal Ojha & Ors vs State Of Rajasthan & Ors on 2 May, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6016 / 2018
1. Banwari Lal Ojha S/o Shri Shyam Sunder Ojha, Aged About 42
Years, R/o House No. 81, New Ambika Colony, Mahaveer Takej,
Abu Road, District- Sirohi (Raj.).
2. Rajesh Kumar S/o Shri Lala Ji, Aged About 37 Years, R/o
Village/Post- Deldar, Tehsil- Abu Road, District- Sirohi (Raj.).
3. Shivlal Barot S/o Shri Ram Chandra Barot, Aged About 46
Years, R/o Village/Post- Deldar, Tehsil- Abu Road, District- Sirohi
(Raj.).
4. Kantilal Prajapat S/o Shri Puja Ji, Aged About 41 Years, R/o
Village/Post- Vatera, Tehsil- Pindwara, District- Sirohi (Raj.).
5. Mukesh Kumar Parmar S/o Shri Babulal Parmar, Aged About 42
Years, R/o Dr. Sampoornanand Colony, Sirohi (Raj.).
6. Jyanti Lal Mali S/o Shri Dragaram Ji, Aged About 43 Years, R/o
Nayawas No. 2, Sirohi (Raj.).
7. Rajendra Singh S/o Shri Chandan Singh, Aged About 39 Years,
R/o Sri Ram Kripa Bhawan, Premnagar, Gandhinagar, Abu Road,
District- Sirohi (Raj.).
8. Smt. Asha Tailor W/o Shri Sushil Kumar, Aged About 45 Years,
R/o Ganesh Colony, Plot No. 7A, Abu Road, District- Sirohi.
9. Smt. Shweta W/o Shri Anand Kumar, Aged About 39 Years, R/o
Geetanjali Colony, Santpur, House No. 63, Abu Road, District-
Sirohi (Raj.).
10. Rajendra Singh S/o Hameer Singh Chouhan, Aged About 45
Years, R/o L.I.C. RIICO Colony, Abu Road, District- Sirohi.
11. Smt. Kamla W/o Shri Lichhu Ram Ji, R/o Village/Post- Somisar,
Tehsil- Taranagar, District- Churu (Raj.).
12. Smt. Parmeshwari W/o Shri Mool Chand Ji, R/o Village/Post-
Dinarpura, Tehsil & District- Sikar (Raj.).
----Petitioners
Versus
1. State of Rajasthan Through Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. Director, Elementary Education, Bikaner (Raj.).
3. District Education Officer, Elementary Education, Sirohi (Raj.)
(2 of 3)
[CW-6016/2018]
4. District Education Officer, Elementary Education, Churu (Raj.)
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. P.S. Chundawat.
_____________________________________________________
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 02/05/2018 This writ petition has been filed by the petitioners seeking following reliefs:-
"a. The respondents may kindly be directed to grant notional benefits such as seniority, selection scale and ACP by counting the services of the Petitioners w.e.f. 01.10.2008, the date on which other similarly situated or less meritorious persons were given appointment.
b. Or in the alternative, this writ petition be also disposed off, as per the directions passed in SBCW no.5405/2012 decided on 12.02.2015 (Suman Jhanwar & Ors Vs. State of Rajasthan).
c. Any other appropriate order, which this Hon'ble Court deems fit and proper, be passed in favour of petitioner.
d. That writ petition be allowed with cost.
It is, inter alia, submitted by learned counsel for the petitioners that the case of the petitioners is similar to that of petitioners in Suman Jhanwar & Ors. v. State of Rajasthan & Ors.:
SBCW No.5405/2012, decided on 12.02.2015, whereby this Court directed the petitioners to file appropriate representation before the appointing authority and on filing of such representation, the petitioners therein have been granted the requisite relief by the respondents and, therefore, the present petitioners may also be granted similar relief as granted in the case of Suman Jhanwar (supra).
(3 of 3) [CW-6016/2018] In the case of Suman Jhanwar (supra), this Court after hearing the parties, passed the following order:-
"Therefore, the present writ petitions are disposed of with liberty and direction to the petitioners to file appropriate representation with relevant evidence before the appointing authority, who has issued the orders of appointment to the petitioners claiming the same relief, as purportedly given to other similar situated persons. It is expected of the respondent authority to pass speaking orders after providing the opportunity of hearing tot he petitioners or their authorized representative as to why similar benefit cannot be extended to them though others persons have been given such benefits. If, however, any adverse order is passed against the petitioners, the petitioners will be at liberty to avail the legal remedy available to them in accordance with law."
In view of the submissions as noticed hereinbefore, the writ petition filed by the petitioners is disposed of with the similar directions as given in the case of Suman Jhanwar (supra).
(ARUN BHANSALI)J. PKS-66