Rajasthan High Court
Govind Narayan Goyal S/O Late Shri ... vs Shri Pawan Kumar Goyal on 15 December, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 1188/2022
1. Govind Narayan Goyal S/o Late Shri Murari Lal Goyal,
Aged About 69 Years, R/o 28, Kailashpuri, New Sanganer
Road, Sodala, Jaipur.
2. Satyaveer Singh Tanwar S/o Shri Jassu Singh, Aged
About 62 Years, R/o C-15, Nandpuri, Hawa Sadak, Jaipur.
3. Indu Sharma W/o Gopal Krishan Sharma, Aged About 63
Years, R/o 3/136, Shivam Apartment, Jawahar Nagar,
Jaipur.
4. Kishan Mohan Sharma S/o Late Shri Laxmi Narayan
Sharma, Aged About 68 Years, R/o 50/410, Rajat Path,
Mansarovar, Jaipur.
5. Mukesh Kumar Singhal S/o Shri Prabhu Chand Agrawal,
Aged About 53 Years, R/o 2/452, Malviya Nagar, Jaipur.
6. Smt. Shakti Kumar W/o Shri Manoj Kumar, Aged About 62
Years, R/o 63, Shiv Shakti Nagar, Kings Road, Nirman
Nagar, Ajmer Road, Jaipur.
7. Usha Vashisth W/o Shri Piyush Vallabh Nayak, Aged About
64 Years, R/o Plot No. 7, Sarvodaya Colony Barkat Nagar,
Tonk Phatak, Jaipur.
8. Sandhya Malviya W/o Late Shri Vijaykant Malviya, Aged
About 68 Years, R/o 667, Laxman Path, Vivek Vihar, New
Sanganer Road, Jaipur.
9. Smt. Sudesh Sharma W/o Shri Naresh Chandra Sharma,
Aged About 70 Years, R/o 1081, Rani Sati Nagar, Nirman
Nagar, Ajmer Road, Jaipur.
10. Sunita Ganju W/o Shri Kamal Ganju, Aged About 59
Years, R/o Plot No. 169 B, Santosh Nagar, New Sanganer
Road, Jaipur.
11. Manju Sharma W/o Shri Prem Nidhi Sharma, Aged About
58 Years, R/o 90/17, Patel Marg, Mansarovar,jaipur.
12. Mahendra Kumar Jain S/o Shri Bhanwar Lal Jain, Aged
About 55 Years, R/o 81/108, Pratap Nagar, Sanganer,
Jaipur.
13. Vinod Kumar Gupta S/o Shri Ghanshyam Lal Gupta, Aged
About 56 Years, R/o 71/234, Patel Marg, Mansarovar,
Jaipur.
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14. Omprakash Sharma S/o Shri Madanlal Sharma, Aged
About 55 Years, R/o 3, Azad Nagar, Behind Choudhary
Petrol Pump, Tonk Road, Sanganer,jaipur.
15. Ashok Kumar Kulshresth S/o Shri Ramswaroop, Aged
About 64 Years, R/o 52, Ashok Vihar, Near Sanskar
School, Jagatpura, Jaipur.
16. Yogendra Singh Shekhawat S/o Shri Mansingh, Aged
About 63 Years, R/o 3/11, H.C.M. Reepa, O.T.S. Campus,
J.l.n. Marg, Jaipur.
17. Meena Talesara W/o Shri Rahul Kumar Talesara, Aged
About 68 Years, R/o 84/415, Pratap Nagar, Sanganer,
Jaipur.
18. Shiv Charan Sharma S/o Shri Satya Narayan Sharma,
Aged About 58 Years, R/o Vijay Colony, Bassi, Jaipur.
19. Nihal Chand Jain S/o Shri Teekam Chand Jain, Aged
About 58 Years, R/o 146, Shri Jim Nagar, Durgapura,
Jaipur.
20. Poornima Kela W/o Shri Harshwardhan, Aged About 68
Years, R/o 160, Nemi Sagar Colony, Vaishali Nagar, Jaipur.
21. Kavita Srivastav W/o Late Shri Yogendra Srivastav, Aged
About 67 Years, R/o 125, Kailash Bhawan, Hawa Mahal
Road, Jaipur.
22. Neeta Sharma W/o Shri Pradeep Sharma, Aged About 63
Years, R/o C-44, Nandpuri, Bais Godam, Jaipur.
23. Amita Nanda W/o Shri Jagmohan Nanda, Aged About 59
Years, R/o D-200, Anand Vihar Railway Colony, Jagatpura,
Jaipur.
24. Mohan Singh S/o Shri Ram Singh, Aged About 69 Years,
R/o 41A, Shrinath Colony, Opposite Airport, Sanganer,
Jaipur.
25. Bhagirath Singh S/o Late Shri Ganpat Singh, Aged About
63 Years, R/o 66, Ram Vihar Colony, Buddhsinghpura,
Sanganer, Jaipur.
26. Hanuman Sahai Saini S/o Late Shri Nanag Ram Saini,
Aged About 64 Years, R/o Shiv Kunda Ki Talai, Badi Ki
Dhani, Natata Road, Amer, Jaipur.
27. Vibhishan Yadav S/o Late Shri Jagdish Yadav, Aged About
60 Years, R/o 31, Kailashpuri, Near Railway Station,
Jagatpura, Jaipur.
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28. Mani Shankar Sharma S/o Shri Nathulal Sharma, Aged
About 59 Years, R/o C-20, Satya Marg, Doondlod Colony,
Hawa Sadak, Bais Godam, Jaipur.
29. Sayar Singh Shekhawat S/o Shri Deen Singh Shekhawat,
Aged About 53 Years, R/o E-7, Jagdamba Nagar E, Inside
Bajrang Dwar, Kalwar Road, Jhotwara, Jaipur.
30. Rameshpuri Goswami S/o Late Shri Raghuveer Puri, Aged
About 61 Years, R/o H-53, Bal Nagar, Goner Road, Jaipur.
31. Durgasahai Sharma S/o Shri Gopal Lal Sharma, Aged
About 59 Years, R/o P-27, Shiv Vihar Colony, Khatipura,
Jaipur.
32. Bhagwan Singh Solanki (Since Deceased) S/o Late Shri
Keshar Singh Solanki, Through His Wife Smt. Sayar
Kanwar, R/o Plot No. 108, Shiv Manglam-6, Hathoj,
Kalwar Road, Jaipur.
----Petitioners
Versus
1. Shri Pawan Kumar Goyal, Principal Secretary, Department
Of School Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Shri Gaurav Agrawal, Director School Cum Elementary
Education, Bikaner (Raj.).
3. Shri Kamal Kishore Saboo, Secretary, Managing
Committee Shri Maheshwari Senior Secondary School,
Tilak Marg, Jaipur.
4. State Of Rajasthan, Through Principal Secretary,
Department Of School Education, Government Of
Rajasthan, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ishwar Lal Jain, Advocate
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
15/12/2022
Heard.
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After hearing learned counsel for the petitioners and going
through the background of the case in which various orders came
to be passed by this Court as also a detailed common order
passed by this Court on 01.12.2021 in D.B. Civil Contempt Petition
No. 740/2016 and batch of contempt petitions arising out of the
similar issue, at present, instead of initiating contempt
proceedings against the respondents, we are inclined to dispose
off this contempt petition also on the similar lines as the order
passed on 01.12.2021 in D.B. Civil Contempt Petition No.
740/2016 and batch of contempt petitions with following
directions:-
1. It shall be an obligation on the part of the Director of School
cum Elementary Education to immediately release the dues
payable to the petitioners as per the directions issued by this
Court from time to time and the directions which have already
been issued by the Hon'ble Supreme Court on 09.09.2021 in the
case of State of Rajasthan Versus Manju Saxena & Ors., Special
Leave to Appeal (C) No. 13791/2019, wherein, the Hon'ble
Supreme Court had directed compliance to be made within a
period of eight weeks.
2. A brief, but clear order regarding compliance of the order
will have to be passed by the concerned Directorate within a
period of ten weeks from today.
3. The orders in respect of each of the contempt petitioners,
which are required to be passed clearly stating compliance of the
order, shall be reported directly to the Registry of this Court,
which shall be placed before this Court under a separate
registered case.
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4. With the aforesaid observations and directions, this contempt
petition, at this stage, is disposed off, however, with liberty to
revive, if any grievance still remains unredressed.
We must make it absolutely clear that if ultimately we find
that despite the order, the benefits, which the petitioners were
entitle to, have not been released, this Court may take a very
serious view of the matter and erring officials will have to be
proceeded against strictly in accordance with law resulting in all
serious consequences, which the case may deserve.
All the authorities including the Secretariat of the
Department of School Education as also the private school
education officials shall be under an obligation to provide
necessary information, if any, demanded by Directorate of School
cum Elementary Education, towards compliance of the order of the
Court. Non-cooperation shall be treated as an act of over reaching
the order of the Court.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /78
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