Rajasthan High Court
Jagdish Prasad Sevda S/O Shri Ganga Ram ... vs State Of Rajasthan (2023:Rj-Jp:38587) on 8 December, 2023
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2023:RJ-JP:38587]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19286/2023
1. Jagdish Prasad Sevda S/o Shri Ganga Ram Sevda, Aged
About 60 Years, R/o Ward No.55, Jyoti Nagar, Piprali
Road, Sikar Retired On 30.06.2023 From The Post Of
Senior Nursing Officer At Community Health Center (Chc)
Piprali District Sikar Rajasthan.
2. Mohan Lal Kumawat S/o Shri Pusa Ram Kumawat, Aged
About 60 Years, R/o Bhorondon Ka Bas Tehsil
Dantaramgarh District Sikar Retired On 30.06.2023 From
The Post Of Senior Nursing Officer (Nurse Grade Ist) At
Primary Health Center (Phc) Rewasa District Sikar
Rajasthan.
3. Kamala Devi W/o Shri Ram Chandra, Aged About 60
Years, R/o Ward No.11, Salasar Road Sewa, Phagalwa,
(Sikar) Retired On 30.06.2023 From The Post Of Anm At
Adarsh Primary Health Center (Aphc) Phagalwa District
Sikar Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Government Secretariat,
Jaipur.
2. Director (Non-Gazetted), Medical And Health Services,
Jaipur Rajasthan.
3. Chief Medical And Health Officer, Sikar Rajasthan.
4. Medical Officer Incharge, Community Health Center (Chc)
Piprali District Sikar.
5. Medical Officer Incharge, Primary Health Center (Phc)
Rewasa District Sikar Rajasthan.
6. Medical Officer Incharge, Adarsh Primary Health Center
(Aphc) Phagalwa District Sikar Rajasthan.
7. Director Pension Department, Jyoti Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vijay Pathak
For Respondent(s) : Mr. N.A. Naqvi learned AAG
[2023:RJ-JP:38587] (2 of 3) [CW-19286/2023]
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
08/12/2023
1. Learned counsel for the parties submit that the issue
involved in the present writ petitions have already been put to rest
by the Division Bench judgment of this Court in case of Ramesh
Chander Gupta vs. State of Rajasthan & Ors. in D.B. Civil
Writ Petition No.2800/2021 and other connected matters,
decided on 17.10.2023.
2. 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, decided 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 The Director
(Admn. and 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.1001/2023 have also been disposed off on
19.05.2023. A copy of 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."
3. Learned AAG appearing for the respondents does not dispute
the fact that the issue, as raised in the present writ petitions is
similar to Ramesh Chander Gupta (supra).
[2023:RJ-JP:38587] (3 of 3) [CW-19286/2023]
4. In view of the joint statement of the learned counsel for the
parties, this Court deems it just and proper to dispose of this writ
petition on the same terms and with direction to the respondents
to consider the petitioners' claim and pass appropriate orders in
the light of the Division Bench judgment, as referred to above,
within a period of two months.
5. Since the main petition has been disposed of, the stay
application and pending application/s, if any, also stand disposed
of.
(GANESH RAM MEENA),J
Sharma Nk-Dy. Registrar/3
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