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Hanuman Sahay Sharma S/O Shri Kanahiya ... vs State Of Rajasthan (2024:Rj-Jp:9133)
2024 Latest Caselaw 1274 Raj/2

Citation : 2024 Latest Caselaw 1274 Raj/2
Judgement Date : 22 February, 2024

Rajasthan High Court

Hanuman Sahay Sharma S/O Shri Kanahiya ... vs State Of Rajasthan (2024:Rj-Jp:9133) on 22 February, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:9133]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 2764/2024

Hanuman Sahay Sharma S/o Shri Kanahiya Lal Sharma, Aged
About 62 Years, R/o Village And Post Titariya, Tehsil Chaksu,
District Jaipur, Rajasthan.
                                                                         ----Petitioner
                                        Versus
1.       State Of Rajasthan, Through Secretary Of Education
         Department, Secretariat, Jaipur.
2.       Director, Secondary Education, Bikaner, Rajasthan.
3.       Director, Directorate Of Pension And Pensioner Welfare Of
         Rajasthan, Jyoti Nagar, Jaipur.
4.       Principal Secretary, Department Of Finance, Govt. Of
         Rajasthan, Jaipur.
                                                                      ----Respondents


For Petitioner(s)             :    Mr. Kailash Chander Sharma
For Respondent(s)             :



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                              Judgment / Order

22/02/2024

1.    Learned       counsel       for   the     petitioner          submits   that   the

controversy involved in the present case is squarely covered by

the judgment of Division Bench 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 petitioner

seeks liberty to approach respondent/s by way of filing a

representation for redressal of his grievances in the light of

[2024:RJ-JP:9133] (2 of 3) [CW-2764/2024]

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 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

[2024:RJ-JP:9133] (3 of 3) [CW-2764/2024]

Ramesh Chander Gupta (supra). The writ petition stands disposed

of.

6. 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, and only in case the averments

made therein are found to be correct, the petitioner be extended

the relief as prayed with consequential benefits as ordered in the

case of Ramesh Chander Gupta.

7. Since the main petition has been disposed of, stay

application and all pending application/s, if any, to dispose.

(GANESH RAM MEENA),J

DIVYA SAINI /28

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