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Smt. Geeta Sharma W/O Pushkar Raj Sharma vs The State Of Rajasthan ...
2024 Latest Caselaw 2469 Raj/2

Citation : 2024 Latest Caselaw 2469 Raj/2
Judgement Date : 4 April, 2024

Rajasthan High Court

Smt. Geeta Sharma W/O Pushkar Raj Sharma vs The State Of Rajasthan ... on 4 April, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:15807]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 4897/2024

1.       Smt. Geeta Sharma W/o Pushkar Raj Sharma, Aged
         About 65 Years, R/o House No. 17, Nandpuri Extension,
         Satya Marg, Hawa Sadak, Jaipur, Rajasthan.
2.       Om Prakash Rajpurohit S/o Shiv Nath Rajpurohit, Aged
         About 64 Years, R/o Plot No. C-34, Pratap Marg, Tilak
         Nagar, Jaipur, Rajasthan.
3.       Ramavtar Vijay S/o Prahalad Vijay, Aged About 65 Years,
         R/o 7, Kalyan Nagar Third, Sitabari, Tonk Road, Jaipur,
         Rajasthan.
4.       Panchu Lal Bairwa S/o Mishri Lal Bairwa, Aged About 67
         Years, R/o House No. 331, Mahaveer Nagar Second,
         Maharani Farm, Durgapura, Jaipur, Rajasthan.
5.       Vinod Pandya S/o M.r. Pandya, Aged About 71 Years, R/o
         C-51 (C), Krishna Marg, Sewar Area, Bapu Nagar,
         Lalkothi, Jaipur, Rajasthan.
6.       Ram Phool Meena S/o Gopal Lal Meena, Aged About 68
         Years, R/o A-79, Sector 6/m, Indira Gandhi Nagar, Jaipur,
         Rajasthan.
7.       Mahendra Kumar Balodia S/o Deepchand Balodia, Aged
         About 68 Years, R/o Plot No. F-90, Gautam Marg, C-
         Scheme, Jaipur, Rajasthan.
                                                                    ----Petitioners
                                     Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Department Of Medical And Health, Govt. Of Rajasthan
         Secretariat, Jaipur.
2.       The    Director    (Non       Gazetted),         Medical    And    Health
         Services, Rajasthan, Jaipur.
3.       The Director (Public Health), Medical And Health Services,
         Rajasthan, Jaipur.
4.       Rajasthan Cooperative Dairy Federation Limited, Through
         Its Managing Director, Saras Sankul, Jln Marg, Jaiupr.
5.       The State Of Rajasthan, Through Principal Secretary,
         Department        Of    Social      Justice       And    Empowerment,
         Government Of Rajasthan, Secretariat, Jaipur.



                      (Downloaded on 08/04/2024 at 11:29:53 PM)
 [2024:RJ-JP:15807]                        (2 of 4)                               [CW-4897/2024]


6.       The       Director,       Department           Of     Social        Justice       And
         Empowerment, Government Of Rajasthan, 22 Godam,
         Jaipur.
7.       State Of Rajasthan, Through Dy. Secretary, Department
         Of    Personnel        (Group-3),           Government             Of    Rajasthan,
         Secretariat, Jaipur.
8.       State Of Rajasthan, Through Principal Secretary, Law And
         Legal Affairs Department, Government Of Rajasthan,
         Secretariat, Jaipur.
9.       Principal Finance Secretary, Secretariat, Rajasthan, Jaipur.
10.      The     Director,         Treasury       And        Accounts            Department,
         Rajasthan, Jaipur.
11.      The Director, Department Of Pension And Pensioners
         Welfare, Rajasthan, Jaipur.
                                                                           ----Respondents


For Petitioner(s)              :     Mr. Kapil Kumar Khandelwal



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                                          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).

[2024:RJ-JP:15807] (3 of 4) [CW-4897/2024]

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

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

[2024:RJ-JP:15807] (4 of 4) [CW-4897/2024]

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, stay

application as well as pending application/s, if any, also stand

disposed of.

(GANESH RAM MEENA),J

Ashish Kumar /8

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