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