Rajasthan High Court
Ashok Kumar Agrawal S/O Ram Gopal ... vs State Of Rajasthan (2024:Rj-Jp:15441) on 2 April, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:15441]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3991/2024
1. Ashok Kumar Agrawal S/o Ram Gopal Agrawal, Aged
About 60 Years, R/o 895, Shanti Nagar, Opp- Durgapura
Railway Station, Jaipur - 302018 (Raj.) Retired From The
Post Of Senior Teacher In Secondary Education
Department (Rajasthan).
2. Shivkant Sharma S/o Chhitarmal Sharma, Aged About 60
Years, R/o Vivekanand Colony, Near Kalyan Ji Mandir,
Mahwa, Dausa- 321608 (Rajasthan). Retired From The
Post Of Senior Teacher In Secondary Education
Department (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Finance Department, Government Secretariat,
Jaipur, Rajasthan.
2. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Jaipur Rajasthan.
3. Joint Secretary, Finance (Revenue) Department, Jaipur,
Rajasthan.
4. Director, Pension Department, Jyoti Nagar, Jaipur
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Apoorv Bansal & Mr. Vedant
Sharma
HON'BLE MR. JUSTICE GANESH RAM MEENA
Order
02/04/2024
1. Learned counsel for the petitioners submits that the
controversy involved in the present case is squarely covered by
the Division Bench judgment in the case of Ramesh Chander
Gupta Vs. State of Rajasthan and Ors. (D.B. Civil Writ
(Downloaded on 05/04/2024 at 09:50:42 PM)
[2024:RJ-JP:15441] (2 of 3) [CW-3991/2024]
Petition No. 2800/2021) and other connected matters,
decided on 17.10.2023.
2. In these circumstances, learned counsel for the petitioners
seeks liberty to approach respondent/s by way of filing
representation for redressal of their grievances in the light of
judgment rendered by this court in the case of Ramesh Chander
Gupta (supra).
3. 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 decided on 25.07.2023 as well as judgment of
Hon'ble Supreme Court in the case of Director (Admn. &
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. 1011/2023 have also been disposed off
on 19.05.2023. A copy of the 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."
4. Ordered accordingly.
5. In the event of filing a representation by the petitioners, the
respondent/s shall consider the claim of the petitioners and pass
[2024:RJ-JP:15441] (3 of 3) [CW-3991/2024]
an appropriate order within two months from the date of receipt of
representation with certified copy of this order and that too in
accordance with law and the observations made in the case of
Ramesh Chander Gupta (supra), read with order dated
11.04.2023 in SLP(C) No. 3420/2023 and order dated
19.05.2023 in SLP(C) No. 1011/2023 passed by Hon'ble
Apex Court, as has been referred in the case of C.P.
Mundinamani & Ors. (supra).
6. The present writ petition stands disposed of.
7. The order has been passed based on the submissions made
by the learned counsel for the petitioners and the averments
made in the writ petition. The respondent/s would be at liberty to
examine the veracity of the submissions made in the writ petition
in the light of the observations made by the Division Bench of this
court in the case of Ramesh Chander Gupta (supra), and only
in case the averments made therein are found to be correct, the
petitioners be extended the relief as prayed with consequential
benefits as ordered in the case of Ramesh Chander Gupta
(supra), read with order dated 11.04.2023 in SLP(C) No.
3420/2023 and order dated 19.05.2023 in SLP(C) No.
1011/2023 passed by Hon'ble Apex Court, as has been
referred in the case of C.P. Mundinamani & Ors. (supra).
8. Since the main petition has been disposed of, the pending
application/s, if any, also stands disposed of.
(GANESH RAM MEENA),J
Ashish Kumar /63
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