Rajasthan High Court
Nand Lal Bunkar, S/O Shri Kana Ram vs State Of Rajasthan (2024:Rj-Jp:16189) on 5 April, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:16189]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5050/2024
1. Nand Lal Bunkar, S/o Shri Kana Ram, Aged About 65
Years, R/o Ward No.38, Gandhi Chowk, Chomu District
Jaipur Rajasthan Retired On 30.06.2018 From The Post Of
Chief Accounts Officer At O/o Directorate Medical And
Health Services Jaipur Rajasthan
2. Mahendra Prakash Jaipuria, S/o Shri Madan Lal, Aged
About 61 Years, R/o Kumharo Ka Mohalla, Kunhadi, Kota
Rajasthan Retired On 30.06.2023 From The Post Of Clerk
Grade Ist At O/o Project Manager, Sc/st Finance And
Development Co-Operative Corporation (Anuja Nigam)
Kota Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Government Secretariat,
Jaipur.
2. Director, Medical And Health Services, Jaipur Rajasthan
3. Principal Secretary, Social Welfare Department,
Government Secretariat, Jaipur.
4. Managing Director, Sc/st Finance And Development Co-
Operative Corporation, Nehru Sahakar Bhawan, 22
Godown, Jaipur Rajasthan
5. Project Manager, Sc/st Finance And Development Co-
Operative Corporation (Anuja Nigam), Kota Rajasthan
6. Principal Secretary, Finance Department, Jaipur
7. Director, Pension Department, Jyoti Nagar, Jaipur
----Respondents
For Petitioner(s) : Mr. Vijay Pathak
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
05/04/2024
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.
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[2024:RJ-JP:16189] (2 of 3) [CW-5050/2024]
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).
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, dediced on 07.08.2023 & the Commissioner, Kendriya Vidyalaya Sangathan & Anr. Vs. Ram Karan Bhakar & Ors.: D.B. Civil Writ Petition No. 4139/2022 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 (Downloaded on 19/04/2024 at 09:08:15 PM) [2024:RJ-JP:16189] (3 of 3) [CW-5050/2024] 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 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, the stay application and the pending application/s, if any, also stand disposed of.
(GANESH RAM MEENA),J DIVYA SAINI /9 (Downloaded on 19/04/2024 at 09:08:15 PM) Powered by TCPDF (www.tcpdf.org)