Rajasthan High Court
Ramavtar Sharma S/O Shri ... vs State Of Rajasthan ... on 17 August, 2023
Bench: Augustine George Masih, Sameer Jain
[2023:RJ-JP:18016-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 13345/2020
1. Ramavtar Sharma S/o Shri Ramswaroop Sharma, Aged
About 62 Years, R/o Gayatri Nagar, Dausa District Dausa
Retired Assistant Inspector, Nagar Nigam, Jaipur
2. Gangaram Koli S/o Shri Pooran Mal Koli, R/o Shyam
Colony Dausa Retired Lecturer, Ramkaran Joshi Rajasthan
Senior Secondary School Dausa
3. Mahesh Kumar Jaiman S/o Shri Badrilal Jaiman, R/o
Didwana, Tehsil Lalsot District Dausa Retired Teacher
Rajasthan Upper Primary School Rajpura Lalsot District
Dausa
4. Banwari Lal Sharma S/o Shri Seduram Sharma, R/o 70,
Gangavihar Colony Dausa Retired Lecturer Rajasthan
Senior Secondary School Maanpur District Dausa
5. Susheel Kumar Sharma S/o Shri Laxminarayan Sharma,
R/o New Colony Dausa Retired Principal Rajasthan Senior
Secondary School Sikrai District Dausa
6. Suresh Chand Sharma S/o Shri Radheshyam Sharma, R/o
Shiv Colony District Dausa Retired Principal, Rajasthan
Senior Secondary School Baanika Barkheda District Dausa
7. Ejajuddeen S/o Jalaluddeen, R/o Aravali Vihar Colony,
Dausa Retired Principal, Rajasthan Senior Secondary
School Maanpuriya District Dausa
8. Shailendra Kumar Sharma S/o Shri Rameshwar Joshi, R/o
Mu. Po. Sherpur Khilchipur Tehsil And District
Sawaimadhopur Retired Hostel Superintendent, Kishor
Sampreshangrih Sawaimadhopur
9. Ramavatar Sharma S/o Jagdeesh Prasad Sharma, R/o 5-
H-8, Mahaveer Nagar-Iii Vistar, Kota, Retired Assistant
Police Inspector Kota
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Finance
Department, Govt. Of Rajasthan, Secretariat, Jaipur
2. Secretary, Education Department, Government Of
Rajasthan, Jaipur
3. Sachiv, Sthaaneeya Svayat Shaasan Vibhaag,
(Downloaded on 11/11/2023 at 07:16:11 PM)
[2023:RJ-JP:18016-DB] (2 of 3) [CW-13345/2020]
Government Of Rajasthan, Secretariat Jaipur
4. Sachiv, Saamajik Nyaay Evam Adhikarita Vibhaag,
Government Of Rajasthan, Secretariat, Jaipur
5. Secretary, Home Department, Government Of Rajasthan,
Secretariat, Jaipur
----Respondents
For Petitioner(s) : Mr. Kailash Chander Sharma
For Respondent(s) : Mr. Sameer Sharma for
Dr. Ganesh Parihar, AAG
HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH
HON'BLE MR. JUSTICE SAMEER JAIN
Order
17/08/2023
(ORAL):
1. Learned counsel for the petitioners has contended that the
petitioners would be entitled to the benefit of grant of increment in
the light of latest judgment of the Hon'ble Supreme Court in Civil
Appeal No.2471/2023 titled as The Director (Admn. and
HR) KPTCL and Ors. Vs. C.P.Mundinamani & Ors.- (2023)
SCC Online SC 401 as also Division Bench of this Court in
D.B.Civil Writ Petition No.4139/2022- The Commissioner,
Kendriya Vidyalaya Sangathan & Anr. Vs. Ram Karan
Bhakar & Ors. decided on 25.07.2023. He prays that liberty may
be granted to the petitioners to file an appropriate representation
before the competent authority i.e. respondent Nos. 1 to 3 within
a period of two weeks, which may be considered and decided
within some specified time.
[2023:RJ-JP:18016-DB] (3 of 3) [CW-13345/2020]
2. On the asking of the court, Mr. Sameer Sharma appearing on
behalf of Dr. Ganesh Parihar, AAG puts in appearance on behalf of
the respondents- State.
3. Without going into the merits of the case and commenting
thereon, we dispose of the writ petition granting liberty to the
petitioners to give representation to respondent Nos. 1 to 3 within
a period of two weeks. In case, the said representation is
submitted, the same be considered in the light of the judgments
referred to above and a decision be taken thereon within a period
of eight weeks from the date of submission of such
representation.
4. Decision so taken be conveyed to the petitioners forthwith,
in case the claim is accepted. The consequential benefits be
released to the petitioners in terms of the judgment passed by the
Hon'ble Supreme Court as well as this Court.
(SAMEER JAIN),J (AUGUSTINE GEORGE MASIH),CJ
N. Gandhi/Simple Kumawat/09
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