Anita Saini vs State Of Rajasthan And Ors

Counsel for the petitioner 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 petitioner is covered by the principle enunciated in the aforesaid judgment of this court, the petitioner similarly entitled is 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 petitioner are not annexed to the petition. In absence of such documents this court cannot ascertain whether the petitioner's case is at par with that of Hemlata Shrimali & Others (supra).

Counsel for the petitioner submitted that in this state of affairs the petitioner be allowed to withdraw the petition with liberty to make a representation with supporting material to the jurisdictional District Education Officer ventilating her grievance and claiming parity with Hemlata Shrimali & Ors. (supra).

In the circumstances, the writ petition is disposed of as withdrawn with liberty as prayed for. The petitioner 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 representation being submitted by the petitioner ventilating her grievance, the jurisdictional District Education Officer is directed to dispose the representation aforesaid in accordance with law without being influenced by the liberty granted by this Court. It is made clear that any benefit to which the petitioner is found entitled to, such benefit shall be made applicable only on completion of her probation period.

Petition stands accordingly disposed of.