Rajasthan High Court - Jaipur
Shanker Singh Rathore Son Of Shri Rewat ... vs State Of Rajasthan on 7 January, 2019
Author: Veerendr Singh Siradhana
Bench: Veerendr Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Writ Miscellaneous Application No. 20/2019
In
S.B. Civil writ Petition No.1714/2018
1. Shanker Singh Rathore Son Of Shri Rewat Singh Rathore,
Aged About 42 Years, Resident Of Village-Devari, Post-
Budsu, Via-Makrana, Tehsil-Makrana, District-Nagaur
(Raj.).
2. Raghuveer Singh Son Of Shri Sawai Singh, Aged About 42
Years, Resident Of Village-Devari, Post-Budsu, Via-
Makrana, Tehsil-Makrana, District-Nagaur (Raj.).
3. Deendayal Prajapat Son Of Shri Jagdish Prasad, Aged
About 41 Years, Resident Of C/o Jitendra Phulwaria,
Outside Kumhari Gate, Manasar Road, Nagaur, District-
Nagaur (Raj.).
4. Bhagwati Singh Son Of Shri Bajrang Singh, Aged About
44 Years, Resident Of Village-Harnawa Toshina, Post-
Bhinchawa, Via-Borawar, Tehsil-Makrana, District-Nagaur
(Raj.).
5. Ajay Kumar Gehlot Son Of Shri Surendra Kumar Gehlot,
Aged About 43 Years, Resident Of Chankya Nagar, New
Shivbari Road, Bikaner, District-Bikaner (Raj.).
6. Tulsi Ram Son Of Shri Panchu Ram, Aged About 46 Years,
Resident Of Village-Suthali, Post Chand Via-Toshina,
District-Nagaur (Raj.).
7. Jagdish Prasad Chhangani Son Of Shri Dhruv Lal
Chhangani, Aged About 47 Years, Resident Of Kishan
Colony By Pass Road, Makrana, Tehsil-Makrana, District-
Nagaur (Raj.).
8. Mohd. Yusuf Son Of Shri Abdul Shakoor Naqvi, Aged
About 45 Years, Resident Of Mohalla Sadat Malpura, Tonk,
District-Tonk (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Education
Secretary, Government Secretariat, Jaipur (Raj.).
2. The Director, Elementary Education, Rjasthan, Bikaner
(Raj.).
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3. The District Elementary Education Officer (Primary),
Nagaur (Raj.).
4. The District Elementary Education Officer (Primary),
Churu (Raj.).
5. The Chief Executive Officer, District Education Officer-
Cum-Additional Chief Executive Officer (Elementary
Education), Zila Parishad, Nagaur (Raj.).
6. The Chief Executive Officer, District Education Officer-
Cum-Additional Chief Executive Officer (Elementary
Education), Zila Parishad, Churu (Raj.).
7. Smt. Sumitra Wife Of Shri Ramswaroop Bheel, Aged
About 45 Years, Resident Of Village And Post-Hansalsar,
Badagaon, District-Jhunjhunu(Raj.).
8. Manju Sharma Wife Of Shri Sushil Kumar Sharma, Aged
About 43 Years, Resident Of Sankhla Bas, Bagrecha Road,
Sujangarh, District-Churu (Raj.).
9. Mahesh Chandra Meghwal Son Of Shri Khinwa Ram
Meghwal, Aged About 44 Years, Resident Of Vpo Khoda,
Post-Bhimsar, Tehsil-Sujangarh, District-Churu, District-
Nagaur (Raj.).
10. Ransukh Bera Son Of Shri Bhagirath Ram, Resident Of
Vpo-Ratau, Tehsil-Ladnoo, District-Nagaur (Raj.).
----Respondents
For Petitioner(s) : Mr. Dinesh Yadav, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 07/01/2019 Matter comes up on the above-noted miscellaneous application number 20/2019, with a prayer for clarification of the order dated 24th January, 2018, wherein the State-respondents were directed to accord notional benefits to the petitioner applying the principle declared in the case of Smt. Sunita Rathore v. State (Downloaded on 05/06/2021 at 07:51:09 PM) (3 of 4) [WMAP-20/2019] of Rajasthan & Ors.: SBCWP Number 8722 of 2010, decided on 22nd November, 2011.
Referring to the office order dated 23 rd October, 2018 (Annexure-3); learned counsel for the applicant-petitioner submits that keeping in view the identical order, as made in the case of Smt. Sunita Rathore (supra), notional benefits have been granted to incumbents with effect from 1 st October, 2018, irrespective of their joining, as would be evident from the office order dated 23 rd October, 2018.
It is further urged that the representation addressed by the petitioner has not been yet determined by the State-respondents.
Upon hearing the counsel for the applicant-petitioner, it is considered just and proper that the applicant-petitioner addressed a communication in continuity of the representation already addressed in compliance of the order dated 24 th January, 2018, enclosing the copies of the orders made by this Court on identical issue in various writ applications, which have been referred to in Annexure-2, enclosed with the miscellaneous application. The applicant-petitioner would do the needful as expeditiously as possible; preferably, within a week to address a communication as aforesaid.
In case, a communication is so addressed; the State- respondents would do the needful to determine the claim of the applicant-petitioner under representation already addressed in the backdrop of the order made by this Court on 24 th January, 2018, (Downloaded on 05/06/2021 at 07:51:09 PM) (4 of 4) [WMAP-20/2019] and the facts aforesaid. In case, the petitioner is found to be entitled for grant of notional benefits, the same may be granted to him with effect from 1st October, 2018, irrespective of his joining, as has been done in cases of identically placed employees.
With the clarification and direction as aforesaid, the miscellaneous application stands closed.
(VEERENDR SINGH SIRADHANA),J SS/147 (Downloaded on 05/06/2021 at 07:51:09 PM) Powered by TCPDF (www.tcpdf.org)