Omprakash Devara vs State Of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2395

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Arun Bhansali, J.
Omprakash Devara & Ors. – Appellants
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Civil Writ Petition No. 3887 of 2022
Decided On : 14-03-2022

Advocates appeared:
Ankit Prakash Singh, Advocate

Headnote:
Pay Fixation - Teachers - The court directed the respondents to make pay fixation of the petitioners equal to the similarly situated Teachers and granted benefit of seniority, promotion, and other consequential benefits based on a similar direction given in a previous case.
Fact of the Case:

The petitioners sought direction to the respondents for pay fixation equal to similarly situated Teachers and grant of seniority, promotion, and other consequential benefits.
Finding of the Court:

The court disposed of the writ petition with a direction similar to a previous case, instructing the respondents to consider and decide the representation made by the petitioners within three months.
Issues: Pay fixation, seniority, promotion, and other consequential benefits.
Ratio Decidendi: The court's decision was based on the submissions made in the petition and directed the respondents to consider and decide the representation by the petitioners within a specified period.
Final Decision: The petitioners would be entitled to the relief if the submissions made in the petition are found to be correct.

JUDGMENT

arun Bhansali, J. - This writ petition has been filed by the petitioners seeking direction to the respondents to make pay fixation of the petitioners equal to the similarly situated Teachers having been selected in the same selection process while stepping up the pay of the petitioners equal to them and that the petitioners may be granted benefit of seniority, promotion and other consequential benefits.

2. Learned counsel for the petitioners submitted that in similar nature writ petition filed at Jaipur Bench being Nand Kishore Sharma & Ors. v. The State of Rajasthan & Ors. : S.B. Civil Writs No. 12109/2018, decided on 18.07.2018 on the submissions made by counsel the respondents have been directed to decide the representation made by the petitioners therein and, therefore, a similar direction may be granted in the present case.

3. In view of the submissions made, the writ petition filed by the petitioners is disposed of with similar direction as given in the case of Nand Kishore Sharma (supra), wherein, it was directed as under:-

'In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order as expeditiously as possible in accordance with law. However, in no case later than three months from the date of receipt of the representation along with a certified copy of this order.'

4. The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case, the averments made therein are found to be correct, the petitioners would be entitled to the relief.

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