Rajasthan High Court
Omprakash Sharma S/O Shri Dolaram ... vs The State Of Rajasthan ... on 3 April, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:15645]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4664/2024
Omprakash Sharma S/o Shri Dolaram Sharma, Aged About 62
Years, R/o Mukandpura, Post Office Dhadhwadi, District
Jhunjhunu Presently District Neem Ka Thana, Presently Resident
Of Nanuwali Bavadi, Tehsil Khetri, District Neem Ka Thana
(Rajasthan).
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Finance Department, Secretariat, Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Jaipur.
3. The Director, Department Of Pension And Pensioners
Welfare, Jyoti Nagar, Lalkothi, Jaipur.
----Respondents
For Petitioner(s) : Mr. Gajanand Yadav
HON'BLE MR. JUSTICE GANESH RAM MEENA
Order
03/04/2024
1. Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered by
the Division Bench judgment in the case of Ramesh Chander
Gupta Vs. State of Rajasthan and Ors. (D.B. Civil Writ
Petition No. 2800/2021) and other connected matters,
decided on 17.10.2023.
2. In these circumstances, learned counsel for the petitioner
seeks liberty to approach respondent/s by way of filing representation for redressal of his grievances in the light of judgment rendered by this court in the case of Ramesh Chander Gupta (supra).
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3. In the case of Ramesh Chander Gupta (supra), Division Bench of this Court inter-alia while referring to orders passed in Union of India & Ors. Vs. Manohar Lal & Ors.: D.B. Civil Writ Petition No. 5445/2022, decided on 07.08.2023 & the Commissioner, Kendriya Vidyalaya Sangathan & Anr. Vs. Ram Karan Bhakar & Ors.: D.B. Civil Writ Petition No. 4139/2022 decided on 25.07.2023 as well as judgment of Hon'ble Supreme Court in the case of Director (Admn. & HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors.: 2023 SCC online SC 401 has passed the following directions:-
"It is also brought to the notice of this Court that Special Leave Petition (C) No. 3420/2023 and Special Leave Petition (C) No. 1011/2023 have also been disposed off on 19.05.2023. A copy of the orders dated 11.04.2023 and 19.05.2023 passed by Hon'ble Supreme Court have also been placed on record. Therefore, the present petitions are also disposed off on the same terms with direction to the respondents to consider the claim of the petitioners and pass appropriate orders and other consequential benefits as per their entitlement. Whatever amount is found payable be also released within a period of one month. Accordingly, the present petitions are disposed of."
4. Ordered accordingly.
5. In the event of filing a representation by the petitioner, the respondent/s shall consider the claim of the petitioner and pass an appropriate order within two months from the date of receipt of representation with certified copy of this order and that too in accordance with law and the observations made in the case of Ramesh Chander Gupta (supra), read with order dated 11.04.2023 in SLP(C) No. 3420/2023 and order dated 19.05.2023 in SLP(C) No. 1011/2023 passed by Hon'ble (Downloaded on 08/04/2024 at 11:25:44 PM) [2024:RJ-JP:15645] (3 of 3) [CW-4664/2024] Apex Court, as has been referred in the case of C.P. Mundinamani & Ors. (supra).
6. The present writ petition stands disposed of.
7. The order has been passed based on the submissions made by the learned counsel for the petitioner and the averments made in the writ petition. The respondent/s would be at liberty to examine the veracity of the submissions made in the writ petition in the light of the observations made by the Division Bench of this court in the case of Ramesh Chander Gupta (supra), and only in case the averments made therein are found to be correct, the petitioner be extended the relief as prayed with consequential benefits as ordered in the case of Ramesh Chander Gupta (supra), read with order dated 11.04.2023 in SLP(C) No. 3420/2023 and order dated 19.05.2023 in SLP(C) No. 1011/2023 passed by Hon'ble Apex Court, as has been referred in the case of C.P. Mundinamani & Ors. (supra).
8. Since the main petition has been disposed of, the pending application/s, if any, also stands disposed of.
(GANESH RAM MEENA),J Ashish Kumar /106 (Downloaded on 08/04/2024 at 11:25:44 PM) Powered by TCPDF (www.tcpdf.org)