Rajasthan High Court
Smt. Geeta Sharma W/O Pushkar Raj Sharma vs The State Of Rajasthan ... on 4 April, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:15807]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4897/2024
1. Smt. Geeta Sharma W/o Pushkar Raj Sharma, Aged
About 65 Years, R/o House No. 17, Nandpuri Extension,
Satya Marg, Hawa Sadak, Jaipur, Rajasthan.
2. Om Prakash Rajpurohit S/o Shiv Nath Rajpurohit, Aged
About 64 Years, R/o Plot No. C-34, Pratap Marg, Tilak
Nagar, Jaipur, Rajasthan.
3. Ramavtar Vijay S/o Prahalad Vijay, Aged About 65 Years,
R/o 7, Kalyan Nagar Third, Sitabari, Tonk Road, Jaipur,
Rajasthan.
4. Panchu Lal Bairwa S/o Mishri Lal Bairwa, Aged About 67
Years, R/o House No. 331, Mahaveer Nagar Second,
Maharani Farm, Durgapura, Jaipur, Rajasthan.
5. Vinod Pandya S/o M.r. Pandya, Aged About 71 Years, R/o
C-51 (C), Krishna Marg, Sewar Area, Bapu Nagar,
Lalkothi, Jaipur, Rajasthan.
6. Ram Phool Meena S/o Gopal Lal Meena, Aged About 68
Years, R/o A-79, Sector 6/m, Indira Gandhi Nagar, Jaipur,
Rajasthan.
7. Mahendra Kumar Balodia S/o Deepchand Balodia, Aged
About 68 Years, R/o Plot No. F-90, Gautam Marg, C-
Scheme, Jaipur, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical And Health, Govt. Of Rajasthan
Secretariat, Jaipur.
2. The Director (Non Gazetted), Medical And Health
Services, Rajasthan, Jaipur.
3. The Director (Public Health), Medical And Health Services,
Rajasthan, Jaipur.
4. Rajasthan Cooperative Dairy Federation Limited, Through
Its Managing Director, Saras Sankul, Jln Marg, Jaiupr.
5. The State Of Rajasthan, Through Principal Secretary,
Department Of Social Justice And Empowerment,
Government Of Rajasthan, Secretariat, Jaipur.
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6. The Director, Department Of Social Justice And
Empowerment, Government Of Rajasthan, 22 Godam,
Jaipur.
7. State Of Rajasthan, Through Dy. Secretary, Department
Of Personnel (Group-3), Government Of Rajasthan,
Secretariat, Jaipur.
8. State Of Rajasthan, Through Principal Secretary, Law And
Legal Affairs Department, Government Of Rajasthan,
Secretariat, Jaipur.
9. Principal Finance Secretary, Secretariat, Rajasthan, Jaipur.
10. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
11. The Director, Department Of Pension And Pensioners
Welfare, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Kapil Kumar Khandelwal
HON'BLE MR. JUSTICE GANESH RAM MEENA
Order
04/04/2024
1. Learned counsel for the petitioners 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 petitioners
seeks liberty to approach respondent/s by way of filing representation for redressal of their 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 petitioners, the respondent/s shall consider the claim of the petitioners 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 (Downloaded on 08/04/2024 at 11:29:53 PM) [2024:RJ-JP:15807] (4 of 4) [CW-4897/2024] 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).
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 petitioners 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 petitioners 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, stay application as well as pending application/s, if any, also stand disposed of.
(GANESH RAM MEENA),J Ashish Kumar /8 (Downloaded on 08/04/2024 at 11:29:53 PM) Powered by TCPDF (www.tcpdf.org)