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Rajasthan High Court
Shiv Prasad Sharma S/O Ram Karan Sharma vs The State Of Rajasthan ... on 13 May, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:22416]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7240/2024
1. Shiv Prasad Sharma S/o Ram Karan Sharma, Aged About
61 Years, R/o Plot No. 25, Adarsh Nagar, Krishna Colony,
Near Ice Factory, Roadways Depot, Tonk, Rajasthan.
2. Murlidhar Sharma S/o Banshidhar Sharma, Aged About
71 Years, R/o Ward No. 23, Sardar Colony, Anta, District
Baran, Rajasthan
3. Om Prakash S/o Mool Chand, Aged About 73 Years, R/o
Thakuriya Mohalla, Gayatri Mandir Ki Gali, Anta, District
Baran, Rajasthan
4. Dhanraj S/o Ramkumar, Aged About 62 Years, R/o H.no.
5/8, Cad Colony, Anta, District Baran, Rajasthan
5. Mohan Lal Suthar S/o Pyar Chad Suthar, Aged About 69
Years, R/o Pander Bus Stand, Opposite Hospital, Tehsil
Jahazpur, District Bhilwara, Rajasthan
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
School Education Department, Govt. Secretariat,
Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner
3. The Director, Sanskrit Education, Shiksha Sankul, J.l.n.
Marg, Jaipur (Rajasthan)
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The Regional Development Commissioner, Commandant
Area Development (Cad), Chambal, Kota, Rajasthan.
6. The Chief Engineer, Water Resources Department, Kota,
Rajasthan
7. The Superintendent Engineer, Irrigation Circle, C.a.d.
Chambal, Kota.
8. State Of Rajasthan, Through Its Additional Chief
Secretary, Department Of Finance, Secretariat,
Rajasthan, Jaipur.
9. The Director, Treasury And Accounts Department,
Rajasthan Jaipur.
10. The Director, Department Of Pension And Pensioners
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[2024:RJ-JP:22416] (2 of 4) [CW-7240/2024]
Welfare, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini
Mr. Giriraj Rajoria
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
13/05/2024
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).
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. (Downloaded on 20/05/2024 at 08:42:29 PM) [2024:RJ-JP:22416] (3 of 4) [CW-7240/2024] 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 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 (Downloaded on 20/05/2024 at 08:42:29 PM) [2024:RJ-JP:22416] (4 of 4) [CW-7240/2024] 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 /18 (Downloaded on 20/05/2024 at 08:42:29 PM) Powered by TCPDF (www.tcpdf.org)