Rajasthan High Court
Lalit Mohan Purohit S/O Sh. Satya ... vs Shri Pawan Kumar Goyal on 9 January, 2023
Bench: Manindra Mohan Shrivastava, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 787/2022
In
D.B. Civil Special Appeal (Writ) No. 663/2015
1. Lalit Mohan Purohit S/o Sh. Satya Narayan Purohit, Aged
About 58 Years, R/o Sankri Gali, Main Market, Fatehpur
Shekhawati District Sikar (Rajasthan).
2. Umesh Chandra Kaushik S/o Bholanath Sharma, R/o
Station Road, Fatehpur Shekhawati, District Sikar.
3. Prahlad Rai Saini S/o Ramavtar Saini, R/o Maliyo Ke
Mandir Ke Pass, Fatehpur Shekhawati, District Sikar.
4. Omprakash Sharma S/o Bajrang Lal Sharma, R/o Village
And Post Hudera, Fatehpur Shekhawati, District Sikar.
5. Naresh Kumar Chhakara S/o Vijay Kumar, R/o Chhakara Ji
Ka Mohalla, Fatehpur Shekhawati, District Sikar.
6. Manoj Kumar Sharma S/o Baij Nath Sharma, R/o Jalan
School Ke Pass, Ramgarh Road, Fatehpur Shekhawati,
District Sikar.
7. Satyanarayan Sharma S/o Kishan Lal, R/o Shyam Sadan
Ke Pass, Fatehpur Shekhawati, District Sikar.
8. Suresh Chandra Sharma S/o Lal Chandra Sharma, R/o
Ward No. 1, Fatehpur Shekhawati, District Sikar.
9. Sampat Kumar Sain S/o Kunji Lal, R/o Maliyo Ke Mandir
Ke Pass, Fatehpur Shekhawati, District Sikar.
10. Devi Singh Shekhawat S/o Panne Singh, R/o V And P
Maldela Bada, Fatehpur Shekhawati, District Sikar.
11. Mahaveer Prasad Sharma S/o Lal Chandra Sharma, R/o
Ward No. 1 Fatehpur Shekhawati, District Sikar.
12. Meghraj S/o Bijju Ram Mali, R/o Maliyo Ke Mandir Ke
Pass, Fatehpur Shekhawati, District Sikar.
13. Mangla Ram S/o Shyam Lal, R/o Kumharo Ka Mohalla,
Fatehpur Shekhawati, District Sikar.
14. Dinesh Kumar Sharma, R/o Fatehpur Shekhawati, District
Sikar.
15. Parmeshwar Lal S/o Bishna Ram, R/o Fatehpur
Shekhawati, District Sikar.
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16. Mani Ram S/o Magharam, R/o Fatehpur Shekhawati,
District Sikar.
17. Baldev Mali, R/o Fatehpur Shekhawati, District Sikar.
18. Tej Singh, R/o Fatehpur Shekhawati, District Sikar.
19. Raj Kumar Sharma S/o Puran Mal, R/o Head Post Office
Ke Pass, Fatehpur Shekhawati, District Sikar.
20. Harfool Singh S/o Bhura Ram, R/o Near Main Post Office,
Fatehpur Shekhawati, District Sikar.
21. Devkinandan Verma S/o Gangaram Verma, R/o Near
Duggar Bagicha Ward No. 1, Fatehpur Shekhawati,
District Sikar.
22. Sita Ram Sharma S/o Mukunda Ram, R/o Poddhar College
Ke Pass, Nawalgarh, Jhunjhunu.
23. Ramavtar Sharma S/o Rudra Dutt Sharma, R/o Near Main
Post Office, Fatehpur Shekhawati, District Sikar.
24. Akilesh Chandra Kulshreshtha S/o Munshilal, R/o Near
Main Post Office, Fatehpur Shekhawati, District Sikar.
25. Loona Ram S/o Bhinjha Ram, R/o Maliyo Ke Mandir Ke
Pass, Fatehpur Shekhawati, District Sikar.
----Petitioners
Versus
1. Shri Pawan Kumar Goyal, Principal Secretary, School And
Elementary Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Shri Kana Ram, Director, Secondary And Elementary
Education, Govt. Of Rajasthan, Bikaner.
3. State Of Rajasthan, Through Its Secretary, Higher
Education, Government Rajasthan, Jaipur.
4. Shri Ramavatar Ji Ramsisaria, C/o Basudev Ramsisaria,
Charitable Trust 16A, Chowringhee Mansion 30JL Road,
Kolkata-700016.
5. Madhusudan Bhinda Secretary, Managing Committee
Shree Laxminath Senior Secondary School, Fatehpur
Shekhawati, District Sikar (Rajashtan).
----Respondents
For Petitioner(s) : Mr. Rahul Sharma, Advocate for
Mr. Rajneesh Gupta, Advocate
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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Judgment / Order
09/01/2023
Heard.
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
Secondary and 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 in
respect of each of the contempt petitioners will have to be passed
by the concerned Directorate within a period of ten weeks from
today.
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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.
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
Secondary and 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.
(CHANDRA KUMAR SONGARA),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /4
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