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2019 DIGILAW 1269 (RAJ)

Ishwar Kumar Nagar v. State of Rajasthan

2019-04-29

ALOK SHARMA

body2019
JUDGMENT 1. Counsel for the petitioners submitted that the issue agitated in this petition is covered on all fours by the judgment of this Court in the case of Hemlata Shrimali & Others Versus State of Rajasthan & Others and connected matters, SBCWP No. 3247/2015 decided on 01.04.2015. Counsel submitted that albeit the case of the petitioners is covered by the principle enunciated in the aforesaid judgment of this court, the petitioners similarly entitled are not being granted notional benefits on the post of Teacher Gr. III with effect from the date they are due. 2. Perusal of the writ petition indicates that requisite documents for this court to evaluate the case set up by the petitioners are not annexed to the petition. In absence of such documents this court cannot ascertain whether the petitioners case is at par with that of Hemlata Shrimali & Others (supra). 3. Counsel for the petitioners submitted that in this state of affairs the petitioners be allowed to withdraw the petition with liberty to make a representation with supporting material to the jurisdictional District Education Officer ventilating their grievance and claiming parity with Hemlata Shrimali. 4. In the circumstances, the writ petition is disposed of as withdrawn with liberty as prayed for. The petitioners shall be at liberty to make a detailed representation with material particulars to the jurisdictional District Education Officer with reference to the law enunciated by this court in the case of Hemlata Shrimali & Others (supra). In the event of a representation being submitted by the petitioners ventilating their grievance, the jurisdictional District Education Officer is directed to dispose it of in accordance with law, in the light of the judgment passed in the case of Hemlata Shrimali & Ors. (supra) to the extent applicable with reference to the facts of the petitioners case, by a reasoned order within a period of twelve weeks of its receipt. 5. Petition stands accordingly disposed of.