JUDGEMENT
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(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.
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).
(2.) Counsel for the petitioners submitted that in this state of affairs the petitioners be allowed to withdraw the petition with
liberty to make an individual representation with supporting
material to the jurisdictional District Education Officer ventilating
their grievance and claiming parity with Hemlata Shrimali.
(3.) In the circumstances, the writ petition is disposed of as withdrawn with liberty as prayed for.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 individual representations being
submitted by the petitioners ventilating their grievance, the
jurisdictional District Education Officer is directed to dispose them
in accordance with law without being influenced by the liberty
granted by this Court. It is made clear that any benefit to which
the petitioners are found entitled to, such benefit shall be made
applicable only on completion of their probation period.
Petition stands accordingly disposed of.;
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