Modi Lal Rao S/O Shri Mohan Lal vs The State Of Rajasthan ...

Rajasthan High Court

Modi Lal Rao S/O Shri Mohan Lal vs The State Of Rajasthan ... on 3 May, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:20895]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                   S.B. Civil Writ Petition No. 6649/2024

Modi Lal Rao S/o Shri Mohan Lal, Aged About 71 Years, Resident
Of Village And Post Gilund ,rao Ka Mohalla , Tehsil - Railmagra ,
District - Rajsamand (Raj.) Retired Senior Librarian From
Government           Senior      Secondary         School       Gilund         ,   District    -
Rajsamand (Raj.)
                                                                               ----Petitioner
                                          Versus
1.       The State Of Rajasthan, Through Its Principal Finance
         Secretary, Government Secretariat, Government Of
         Rajasthan , Jaipur (Raj.).
2.       The Director Secondary                     Education,          Government            Of
         Rajasthan , Bikaner (Raj.).
3.       The Director , Pension And Pensioners Welfare
         Department, Jyoti Nagar , Government Of Rajasthan ,
         Jaipur(Raj.)
                                                                            ----Respondents


For Petitioner(s)               :     Mr. Kamal Kant Sharma
For Respondent(s)               :



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                                Judgment / Order

03/05/2024

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 their grievances in the light of (Downloaded on 17/05/2024 at 09:28:40 PM) [2024:RJ-JP:20895] (2 of 3) [CW-6649/2024] 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 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 (Downloaded on 17/05/2024 at 09:28:40 PM) [2024:RJ-JP:20895] (3 of 3) [CW-6649/2024] 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 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 stay application and the pending application/s, if any, also stand disposed of.

(GANESH RAM MEENA),J DIVYA SAINI /11 (Downloaded on 17/05/2024 at 09:28:40 PM) Powered by TCPDF (www.tcpdf.org)