Citation : 2021 Latest Caselaw 7842 Raj/2
Judgement Date : 20 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Review Petition (Writ) No. 96/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu
Mandir Society, Shyam Mandir Road, Pilani, District
Jhunjhunu, Rajasthan. Represented Through The
Secretary Shri Raghuveer Singh Shekhawat S/o. Shri
Mansingh, Aged About 71 Years, Resident Of Sheoraon-
Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District
Jhunjhunu (Raj.)
2. Managing Committee, Baijnath Shriram Saboo Senior
Secondary School, Pilani. Represented Through The
Secretary Shri Raghuveer Singh Shekhawat S/o. Shri
Mansingh, Aged About 71 Years, Resident Of Sheoraon-
Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District
Jhunjhunu (Raj.)
----Petitioners
Versus
1. Banwari Lal S/o Teruram Godara, Aged About 48 Years,
Resident Of Behind Shyam Mandi, Ward No.25, Pilani,
Tehsil Surajgarh, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education,
Rajasthan Bikaner
----Respondents
Connected With
S.B. Review Petition (Writ) No. 89/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan.
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Rajpal Singh S/o. Shri Prabhu Singh, Aged About 61
(2 of 8) [WRW-96/2021]
Years, Resident Of Ward No.21, Near Rakesh Academy, Pilani, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education, Rajasthan Bikaner
----Respondents S.B. Review Petition (Writ) No. 85/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan.
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Yashpal S/o. Radhey Shyam, Resident Of Village And Post Kithana, Via Sultana, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education, Rajasthan Bikaner
----Respondents S.B. Review Petition (Writ) No. 87/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan.
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Subhash Chandra S/o. Purna Ram, Resident Of Village Lamba Via Baggad, Tehsil Chirawa, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education,
(3 of 8) [WRW-96/2021]
Rajasthan Bikaner
----Respondents S.B. Review Petition (Writ) No. 88/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan.
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Radheyshyam Saini S/o. Rameshwar Singh, Resident Of Village And Post Kishorepura, Via Ponkh, Tehsil Udaipurwati, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education, Rajasthan Bikaner
----Respondents S.B. Review Petition (Writ) No. 90/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan.
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Rajesh Bagla S/o. Shri Chaturbhuj Bagla, Resident Of Ward No.25, Near Shyam Mandir, Pilani, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education, Rajasthan Bikaner
----Respondents
(4 of 8) [WRW-96/2021]
S.B. Review Petition (Writ) No. 91/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan.
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Om Prakash Sharma S/o. Shriram Sharma, Resident Of Near Saboo School, Ward No.11, Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education, Rajasthan Bikaner
----Respondents S.B. Review Petition (Writ) No. 92/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Shiv Onkar Sharma S/o. Shishupal Sharma, Resident Of Ward No.11, Near Dalmiya Kunwa, Municipality Pilani, District Jhunjhunu (Raj.) (Since Deceased)
2. Munni Devi W/o. Late Shri Shiv Onkar Sharma, Resident
(5 of 8) [WRW-96/2021]
Of Ward No.11, Near Saboo School, Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj.)
3. Ravindra Kumar Sharma S/o. Late Shiv Onkar Sharma, Aged About 33 Years, Resident Of Ward No.11, Near Saboo School, Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj.)
4. Babulal Sharma S/o. Late Shiv Onkar Sharma, Aged About 25 Years, Resident Of Ward No.11, Near Saboo School, Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj.)
5. Anju Kumari D/o. Late Shiv Onkar Sharma, Aged About 40 Years, Resident Of Ward No.11, Near Saboo School, Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj.)
6. Pinki D/o. Late Shiv Onkar Sharma W/o. Manoj Kumar Sharma, Resident Of Village Nursinghpura, Tehsil Udaipurwati, District Jhunjhunu (Raj.)
7. The Director/commissioner, Secondary Education, Rajasthan Bikaner
----Respondents S.B. Review Petition (Writ) No. 93/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan.
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Rajendra Prasad Sharma S/o. Tara Chand Sharma, Resident Of Ward No.17, Behind Eye Hospital, Pilani, District Jhunjhunu (Raj.)
2. The Director/ Commissioner, Secondary Education, Rajasthan Bikaner
----Respondents S.B. Review Petition (Writ) No. 94/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu
(6 of 8) [WRW-96/2021]
Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Smt Saroj Saini Wife Of Guturam Saini, R/o. Near Loyalka Ki Kothi, Ward No.10, Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education, Rajasthan Bikaner
----Respondents S.B. Review Petition (Writ) No. 95/2021
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan.
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Kailash Chand Sharma S/o. Shri Vishwanath Sharma, Resident Of Ward No.17, Near Bhagat Singh Circle, Pilani, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education, Rajasthan Bikaner
----Respondents S.B. Review Petition (Writ) No. 97/2021
(7 of 8) [WRW-96/2021]
1. Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan.
2. Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o. Shri Mansingh, Aged About 71 Years, Resident Of Sheoraon- Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu (Raj.)
----Petitioners Versus
1. Madanlal Saini S/o. Shri Laxmanram Saini, Aged About 53 Years, Resident Of Near Rani Sati Laxmi Colony, Ward No.17, Gali No.2, Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj.)
2. The Director/commissioner, Secondary Education, Rajasthan Bikaner
----Respondents
For Petitioner(s) : Mr. Dhoop Singh Poonia For Respondent(s) : Mr. Bharat Saini, AGC Mr. Rahul Sehra for Mr. Ganesh Meena, AAG Mr. Neeraj Kumar Sharma
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
20/12/2021
The matters come up on review applications filed by the
petitioner stating para 8 of the judgment passed by this Court
dated 16.08.2021 wherein facts have wrongly been crept in that
the teachers who are working in the two schools being managed
by the Management Committee, attained superannuation while
working in the said school itself.
(8 of 8) [WRW-96/2021]
Learned counsel for the petitioner submits that at the time of
judgment being dictated he did not have correct information and
therefore has moved this review petition to point out that apart
from one teacher namely- Bajrang lal Saini all the other teachers
were absolved under the Rule of 2010 with the State Government
and therefore the order is required to be reviewed. Notices were
issued and respective counsels for the respective teachers are
appearing and they agree that some of them have superannuated
while working with the State Government and some of them are
still working.
Keeping in view thereto, the order passed by this Court
dated 16.08.2021 is recalled.
Accordingly, the review petitions are allowed.
List these cases again afresh for admission before the Court
hearing service matters.
(SANJEEV PRAKASH SHARMA),J
NITIN /38, 102, 137, 140-148
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