Rajasthan High Court
Indra Sharma W/O. Moni Babu Sharma vs State Of Rajasthan (2024:Rj-Jp:8514) on 19 February, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:8514]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18949/2023
Indra Sharma W/o. Moni Babu Sharma, Aged About 62 Years,
Resident Of 70/40A, Patel Marg, Mansarovar, Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Finance Department, Government Secretariat, Jaipur
(Raj.)
2. Director Secondary Education, Bikaner (Raj.)
3. Chief Block Education Officer, Sanganer, Jaipur (Raj.)
4. Director, Pension And Pensioner Welfare Department,
Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. N.C. Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
19/02/2024
1. Matter comes up on an application No. 1/2024 filed by the
applicant-petitioner for listing of the case at an early date.
2. For the reasons mentioned in the aforesaid application, the
same is allowed.
3. Since the present writ petition is a fresh matter, hence, the
same is being heard today itself.
4. Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered by
the judgment delivered by the Division Bench of this Court in the
case of Ramesh Chander Gupta Vs. State of Rajasthan and
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[2024:RJ-JP:8514] (2 of 3) [CW-18949/2023]
Ors. (D.B. Civil Writ Petition No. 2800/2021) and other
connected matters, decided on 17.10.2023.
5. In these circumstances, learned counsel for the petitioner
seeks liberty to approach respondent/s by way of filing a
representation for redressal of her grievance in the light of
judgment rendered by this court in the case of Ramesh Chander
Gupta (supra).
6. In the case of Ramesh Chander Gupta (supra), the
Division Bench of this Court inter-alia while referring to the 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 issued 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."
7. Ordered accordingly.
[2024:RJ-JP:8514] (3 of 3) [CW-18949/2023]
8. In the event of filing the representation by the petitioner, the
respondent/s shall consider the claim of the petitioner 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).
9. The writ petition stands disposed of.
10. The order has been passed on the submissions made by the
learned counsel for the petitioner 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 petitioner be
extended the relief as prayed for with all consequential benefits as
ordered in the case of Ramesh Chander Gupta(supra).
11. Since the main petition has been disposed of, the stay
application and all pending application/s, if any, also disposed of.
(GANESH RAM MEENA),J
DIVYA SAINI /183
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