Rajasthan High Court
Chhitar Mal Kumawat S/O Birdi Chand ... vs The State Of Rajasthan ... on 5 April, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:16246]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5174/2024
1. Chhitar Mal Kumawat S/o Birdi Chand Kumawat, Aged
About 60 Years, R/o Vpo Aspura, Ward No. 10, Via
Ajitgarh, District Neem Ka Thana, Rajasthan.
2. Phool Chand Saini S/o Deva Ram Saini, Aged About 71
Years, R/o 287, Dadu Marg, Barkat Nagar, Tonk Phatak,
Jaipur, Rajasthan.
3. Banwari Lal S/o Bodi Lal, Aged About 63 Years, R/o Ward
No. 23, Khakhi Wali Koti (Kachiya Garh), Po Srimadhopur,
District Neem Ka Thana, Rajasthan.
4. Ram Karan Saini S/o Bhinva Raj Saini, Aged About 60
Years, R/o Vpo Mau Dhani, Prem Nagar, Tehsil
Srimadhopur, District Neem Ka Thana, Rajasthan.
5. Tara Chand Jain S/o Suraj Mal Jain, Aged About 61 Years,
R/o Plot No. 16, Adinath Nagar, Mandi Road,
Sawaimadhopur, Rajasthan.
6. Madan Lal S/o Kalyan Sahai, Aged About 62 Years, R/o
114, Kacchi Basti, Shivaji Nagar, Shastri Nagar, Jaipur,
Rajasthan.
7. Om Prakash S/o Ram Nath, Aged About 60 Years, R/o
Kundala Road, Raipur Patan, Sikar, Rajasthan.
8. Sasi Kumari O D/o G. Krishnapanicker, Aged About 62
Years, R/o Indira Colony, Near Sabji Mandi, Chhabra,
District Baran, Rajasthan.
9. Ram Lal Samariya S/o Kajod Mal, Aged About 69 Years,
R/o Plot No. 8-B, Vikas Nagar, Murlipura Scheme, Jaipur,
Rajasthan.
10. Paras Kumar Jain S/o Prem Chand Jain, Aged About 66
Years, R/o Parshv Bhawan, Krishna Colony, Ward No. 7,
Ramganj Mandi, Kota, Rajasthan.
11. Bhainru Sahay Sharma S/o Kalyan Prasad Sharma, Aged
About 62 Years, R/o Vpo Sop, Tehsil Nadoti, District
Karauli, Rajasthan.
12. Bashir Mohammed Ansari S/o Ishak Mohammed, Aged
About 61 Years, R/o Vpo Barod, Tehsil Digod, District
Kota, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
School Education Department, Govt. Secretariat,
Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical And Health, Govt. Secretariat,
Rajasthan, Jaipur.
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[2024:RJ-JP:16246] (2 of 4) [CW-5174/2024]
4. The Director (Non-Gazette), Medical And Health Services,
Rajasthan, Jaipur.
5. State Of Rajasthan, Through Its Commissioner Of
Industries, Udyog Bhawan, Tilak Marg, Jaipur.
6. The Deputy Secretary (First), Department Of Ground
Water, Government Secretariat, Jaipur, Rajasthan.
7. The Chief Engineer (Administration) And Technical
Member, Rajasthan Water Supply And Sewerage
Management Board (Phed), Rajasthan, Jaipur.
8. The Commissioner, Commercial Tax Department, Govt. Of
Rajasthan, Kar Bhawan, Rajasthan, Nagaur.
9. State Of Rajasthan, Through Its 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. Ram Pratap Saini
Mr. Aamir Khan
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
05/04/2024
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
[2024:RJ-JP:16246] (3 of 4) [CW-5174/2024]
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.
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
[2024:RJ-JP:16246] (4 of 4) [CW-5174/2024]
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 stay
application and the pending application/s, if any, also stand
disposed of.
(GANESH RAM MEENA),J
ARTI SHARMA /588
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