Hetram And Others vs State Of Rajasthan And Others

Arun Bhansali, J

This writ petition has been filed by the petitioners seeking following reliefs:-

"(i). to issue an appropriate writ order or direction in the nature thereof thereby the Respondents be directed to given service benefits seniority and monitory benefits with effect from the date when their junior person and similarly situated person granting are so appointed on the post of Teacher Grade-III as Prabhodhak since the year 2008 or w.e.f. 01.10.2008.

b. to issue an appropriate writ order or direction in the name thereof and thereby directed to respondents to make fixation of salary, give all service, seniority national and other monitory and consequential benefits to the petitioner on the post of Teacher Grade-III since the year 2008 or directed 01.10.2008.

c. Any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioners."

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).

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 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).