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2019 DIGILAW 587 (RAJ)

Reena Devi Bhatt v. State of Rajasthan

2019-02-19

ARUN BHANSALI

body2019
JUDGMENT 1. This writ petition has been filed by the petitioners seeking following reliefs:- "a. By an appropriate writ, order or direction, 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 v. State of Rajasthan). c. Any other appropriate writ, order or direction, which this Honble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of petitioners." 2. 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. 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." 4. In view of the submissions as noticed herein-before, the writ petition filed by the petitioners is disposed of with the similar directions as given in the case of Suman Jhanwar (supra).