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Saiyad Siraj Ahmed Naqvi S/O Syed Imdad ... vs State Of Rajasthan (2024:Rj-Jp:15965)
2024 Latest Caselaw 2467 Raj/2

Citation : 2024 Latest Caselaw 2467 Raj/2
Judgement Date : 4 April, 2024

Rajasthan High Court

Saiyad Siraj Ahmed Naqvi S/O Syed Imdad ... vs State Of Rajasthan (2024:Rj-Jp:15965) on 4 April, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:15965]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 5209/2024

1.       Saiyad Siraj Ahmed Naqvi S/o Syed Imdad Ali, Aged
         About 78 Years, R/o Indira Colony, Mukhya Dakghar Ke
         Piche, Tonk, Rajasthan (Retired On 30.6.2006)

2.       Sitaram Sharma S/o Mool Chand Sharma, Aged About 61
         Years, R/o Naya Gaon Khareda, Tonk, Rajasthan (Retired
         On 30.6.2023)

3.       Nathu Lal Sharma S/o Ram Karan Sharma, Aged About
         61 Years, R/o Amli Purohitan, Kalmanda, Tonk, Rajasthan
         (Retired On 30.6.2023)

4.       Kalyan Mal Meena S/o Jagdish Lal Meena, Aged About 61
         Years,      R/o     309        Dand,         Lakshmipura,            Khareda,
         Todaraisingh, Tonk, Rajasthan (Retired On 30.6.2023)

5.       Dashrath Lal Teli S/o Ramkaran Teli, Aged About 64
         Years,      R/o   Sadar      Bazar,      Khareda,         District    Tonk   ,
         Rajasthan (Retired On 30.6.2022)

6.       Kailash Chand Khateek S/o Bhanwar Lal Khateek, Aged
         About 61 Years, R/o Khareda, Khatikan Mohalla, Khareda,
         District Tonk, Rajsthan (Retired On 30.06.2023)

7.       Udai Lal Jat S/o Jagnnath Jat, Aged About 61 Years, R/o
         Mohalla Jatan, Khareda, District Tonk, Rajasthan(Retired
         On 30.06.2023)

8.       Sher Singh Sansi S/o Mohan Lal Sansi, Aged About 61
         Years,      R/o    Dheebru,          Todaraisingh,         District     Tonk,
         Rajasthan

9.       Kailash Chand Agarwal S/o Chandan Mal Agarwal, Aged
         About 74 Years, Near Dal Meel, Adarsh Nagar, District
         Tonk, Rajasthan

10.      Roop Narain Gurjar S/o Nand Lal Gurjar, Aged About 61
         Years, Dhani Gunja, Doongri Kalan , District Tonk (Retired
         On 30.06.2023)

11.      Goverdhan Lal Jat S/o Virdhi Lal Jat, Aged About 61
         Years, R/o Kalyanpura, Bheepur, District Tonk, Rajasthan

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         (Retired On 30.06.2023)

12.      Bhanwar Lal Daroga W/o Shrawan Lal, Aged About 68
         Years, R/o Khareda, District Tonk, Rajasthan (Retired On
         30.06.2016)

13.      Bhanwar Singh S/o Nand Singh Rajawat, Aged About 64
         Years, R/o Gram Post Khareda, Todaraisingh, District
         Tonk, Rajasthan (Retired On 30.06.2022)

14.      Dallaram Kirodiwal S/o Nath Lal Mali, Aged About 66
         Years, R/o Aam Sagar Ke Pass. Ward No.6, Todaraisingh,
         District Tonk, Rajasthan (Retired On 30.06.2018)

15.      Omprakash Meghvanshi S/o Sukhdevram Meghvanshi,
         Aged About 66 Years, R/o Ward No.17, Thane Ke Piche,
         Ravindra Colony, Nainwa, Bundi, Rajasthan (Retired On
         30.06.2018)

                                                                        ----Petitioners

                                          Versus
1.       State       Of     Rajasthan,          Through          Principal    Secretary,
         Department Of Finance, Govt. Of Rajasthan, Government
         Secretariat, Jaipur
2.       Principal        Secretary        Revenue         Department,        State    Of
         Rajasthan, Government Secretariat Jaipur
3.       Principal Secretary Medical And Health Services, State Of
         Rajasthan, Government Secretariat Jaipur
4.       Principal        Secretary       Education         Department,        State   Of
         Rajasthan, Government Secretariat, Jaipur
5.       Director         Medical       And      Health        Services,      Rajasthan,
         Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur
6.       Director Secondary Education Department, Rajasthan,
         Bikaner
7.       Director Elementary Education Department, Rajasthan,
         Bikaner
8.       Director, Pension And Pensioners Welfare Department,
         Rajasthan Jaipur
9.       District Collector, Tonk, Rajasthan
10.      District Collector, Bundi, Rajasthan
11.      District Education Officer (Hq), Secondary Education,

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         Tonk
                                                                           ----Respondents


For Petitioner(s)              :     Mr. Laxmi Kant Malpura
For Respondent(s)              :



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                               Judgment / Order

04/04/2024

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

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, dediced 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 Director (Admn. & HR) KPTCL & Ors. Vs. C.P.

[2024:RJ-JP:15965] (4 of 5) [CW-5209/2024]

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

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

[2024:RJ-JP:15965] (5 of 5) [CW-5209/2024]

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 stay

application and the pending application/s, if any, also stand

disposed of.

(GANESH RAM MEENA),J

DIVYA SAINI /335

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