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Mahesh Kumar Sharma, S/O Shri Khyali Ram ... vs State Of Rajasthan (2024:Rj-Jp:5285)
2024 Latest Caselaw 734 Raj/2

Citation : 2024 Latest Caselaw 734 Raj/2
Judgement Date : 1 February, 2024

Rajasthan High Court

Mahesh Kumar Sharma, S/O Shri Khyali Ram ... vs State Of Rajasthan (2024:Rj-Jp:5285) on 1 February, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

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        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 1613/2024

1.       Mahesh Kumar Sharma, S/o Shri Khyali Ram Sharma,
         Aged       About      61        Years,    R/o      96,       Binoba     Basti    Sri
         Ganganagar Rajasthan- Retired On 30.06.2022 From The
         Post Of Principal At Government Senior Secondary School
         Khatan, Sri Ganganagar Rajasthan
2.       Chander Bose Gupta, S/o Shri Mahaveer Prasad Gupta,
         Aged About 64 Years, R/o 7-F-16, Jawahar Nagar Sri
         Ganganagar Rajasthan- Retired On 30.06.2019 From The
         Post Of Senior Assistant At Government Senior Secondary
         School 5 E Choti District Sri Ganganagar Rajasthan
3.       Jagdish Singh, S/o Shri Jogender Singh, Aged About 60
         Years, R/o Ward No. 27, Near Dav School, Sangaria
         Hanumangarh Rajasthan- Retired On 30.06.2023 From
         The Post Of Lecturer At Government Senior Secondary
         School       6    Lnp      Kundlawali          District       Sri   Ganganagar
         Rajasthan
4.       Shyam Lal Bansal, S/o Shri Paras Ram Bansal, Aged
         About       64     Years,        R/o      326,     Aggarsain          Nagar      Sri
         Ganganagar Rajasthan- Retired On 30.06.2019 From The
         Post Of Head Master At Government Secondary School 2
         E Choti District Sri Ganganagar Rajasthan
5.       Yatender Singh, S/o Shri Devendra Singh, Aged About 62
         Years, R/o Ward No. 2, Padampur Sri Ganganagar
         Rajasthan- Retired On 30.06.2021 From The Post Of
         Teacher       Grade        Ii     (Ele.      Hm)    (Senior         Teacher)     At
         Government Upper Primary School 31 Rbi District Sri
         Ganganagar Rajasthan
6.       Mangat Singh, S/o Shri Amar Singh, Aged About 66
         Years,      R/o     House         No.        32,   Harmilapi        Colony,      Sri
         Ganganagar Rajasthan- Retired On 30.06.2017 From The
         Post Of Teacher Grade Ii (Senior Teacher) At Government
         Senior      Secondary           School        Lalgarh     Jatan       District   Sri
         Ganganagar Rajasthan
7.       Paramjeet Kour, W/o Shri Inderjeet Singh, Aged About 60
         Years, R/o 2216 Aggarsen Nagar Ii, Ward No. 46, Sri
         Ganganagar Rajasthan- Retired On 30.06.2023 From The


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         Post Of Lecturer At Government Senior Secondary School
         Chak Maharaj Ka District Sri Ganganagar Rajasthan
8.       Mahender Kumar, S/o Shri Suraj Nath, Aged About 61
         Years, R/o E-3, Vaishali Nagar, Sri Ganganagar Rajasthan-
         Retired On 30.06.2022 From The Post Of Assistant
         Administrative Officer At Government Senior Secondary
         School 5 E Chhoti District Sri Ganganagar Rajasthan
9.       Megha Ram Lawa, S/o Shri Bishana Ram, Aged About 60
         Years, R/o Vaishali Bag, Chac 4A Chhoti, Near V.k. Citi,sri
         Ganganagar Rajasthan- Retired On 30.06.2017 From The
         Post Of Lecturer At Government Senior Secondary School
         Mammar Khera District Sri Ganganagar Rajasthan
10.      Lal Chand Verma, S/o Shri Moman Ram Verma, Aged
         About 60 Years, R/o Dhani Moman Ram, Gali No.2, Shiv
         Nagar, Chak 3E Chhoti Sri Ganganagar Rajasthan- Retired
         On 30.06.2023 From The Post Of Teacher Grade Ii (Senior
         Teacher)    At   Government            Senior       Secondary   School
         Mammar Khera District Sri Ganganagar Rajasthan
11.      Krishan Lal Bishnoi, S/o Shri Lal Chand, Aged About 61
         Years, R/o Ward No.10, Near J K School, Adarsh Colony,
         Anoopgarh, District Anoopgarh Rajasthan- Retired On
         30.06.2022 From The Post Of Teacher Grade Ii (Senior
         Teacher) At Government Senior Secondary School 30 Apd
         District Anoopgarh Rajasthan
12.      Gurjeet Singh, S/o Shri Inder Singh, Aged About 60
         Years, R/o Village 7Z, Guru Tegbahadur Nagar , Post 11-
         Z, Sri Ganganagar Rajasthan- Retired On 30.06.2023
         From The Post Of Physical Education Teacher Grade Ii At
         Government Senior Secondary School 30 Apd District
         Anoopgarh Rajasthan
13.      Kewal Kumar, S/o Shri Om Prakash, Aged About 60 Years,
         R/o 27B,setia Colony, Sri Ganganagar Rajasthan- Retired
         On 30.06.2023 From The Post Of Lecturer At Government
         Senior Secondary School Kesri Singh Pur, Sri Ganganagar
         Rajasthan
14.      Suvarnjeet Kaur, D/o Shri Nattha Singh, Aged About 62
         Years, R/o Ward No.7, Village And Post Arayan Tehsil
         Karanpur District Sri Ganganagar Rajasthan- Retired On
         30.06.2021 From The Post Of Teacher Grade Iii Level I At
         Government Senior Secondary School Arayan, District Sri

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         Ganganagar Rajasthan
15.      Vakil Singh, S/o Shri Harbans Singh, Aged About 65
         Years, R/o 22-23,guru Nagar Sri Ganganagar Rajasthan-
         Retired On 30.06.2018 From The Post Of Principal
         Government Senior Secondary School Kalian, District Sri
         Ganganagar Rajasthan
16.      Sushil Kumar Mittal, S/o Shri Moman Chand Mittal, Aged
         About 64 Years, R/o1/4, Housing Board Jawahar Nagar,
         Sri Ganganagar Rajasthan- Retired On 30.06.2019 From
         The Post Of Principal At Government Adarsh Senior
         Secondary School Kesumbala Bhatiyan, District Barmer
         Rajasthan
17.      Rajkumar Sharma, S/o Shri Satyanarayan Sharma, Aged
         About       64      Years,       R/o        16-B-Block,sri          Ganganagar
         Rajasthan- Retired On 30.06.2019 From The Post Of
         Principal At Government Senior Secondary School Sohara
         District Barmer Rajasthan
18.      Ratan Kumar Bhatnagar, S/o Shri Keshav Prasad, Aged
         About 64 Years, R/o House No.1116, Ward No. 18, Purani
         Abadi Sri Ganganagar Rajasthan- Retired On 30.06.2019
         From       The    Post     Of     Principal        At   Government              Senior
         Secondary         School        Rotawali          District   Sri    Ganganagar
         Rajasthan
19.      Gyan Chand Ahuja, S/o Shri Khan Chand Ahuja, Aged
         About      62      Years,       R/o     C-12,        Chetali       Enclave,        Sri
         Ganganagar Rajasthan- Retired On 30.06.2021 From The
         Post Of Principal At Government Senior Secondary School
         Arayan, Sri Ganganagar Rajasthan
20.      Bhagirath Joshi, S/o Shri Birbal Ram Joshi, Aged About 60
         Years, R/o Ward No.2, Beenjhbayala Tehsil Padampur
         District     Sri       Ganganagar             Rajasthan-           Retired         On
         30.06.2023 From The Post Of Teacher Grade Iii At
         Saraswati         Devi       Manda          Government             Girls        Senior
         Secondary School Beenjhbayala District Sri Ganganagar
         Rajasthan
21.      Purushottam Dass Sharma, S/o Shri Birbal Dutt Sharma,
         Aged About 60 Years, R/o Village And Post Ridmalsar
         Tehsil     Padampur         District        Sri    Ganganagar         Rajasthan-
         Retired On 30.06.2023 From The Post Of Teacher Grade
         Iii   At   Government            Upper        Primary        School        58    Lnp,

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         Padampur District Sri Ganganagar Rajasthan
22.      Kuldeep Singh, S/o Shri Bhag Singh, Aged About 70
         Years,     R/o    Randhawa           Niwas,         W.no.-5,main         Road
         Padampur District Sri Ganganagar Rajasthan- Retired On
         30.06.2013       From       The      Post      Of        Head     Master    At
         Government Secondary School 6 C.c., Sri Ganganagar
         Rajasthan
23.      Anand Kumar Harsh, S/o Shri Chor Das, Aged About 61
         Years, R/o 132, Vinoba Basti,sri Ganganagar Rajasthan-
         Retired On 30.06.2022 From The Post Of Teacher Grade Ii
         (Senior Teacher) At Government Upper Primary School
         No.7, Sri Ganganagar Rajasthan
24.      Santosh Jhamb, D/o Shri Dhalu Ram, Aged About 63
         Years, R/o K-16, Kunj Vihar,sri Ganganagar Rajasthan-
         Retired On 30.06.2020 From The Post Of Principal At
         Anupam Dhingra Government Girls Senior Secondary
         School No.4, Sri Ganganagar Rajasthan
25.      Smt. Krishna Arora, D/o Shri Khushi Ram, Aged About 62
         Years,     R/o    Ward       No.7,mirjewala               Sri    Ganganagar
         Rajasthan- Retired On 30.06.2021 From The Post Of
         Teacher Grade Ii (Senior Teacher) At Government Senior
         Secondary School Kesrisinghpur District Sri Ganganagar
         Rajasthan
26.      Smt. Neelam Arora, W/o Shri Subhash Arora, Aged About
         61 Years, R/o 1109, Jhamb Bhawan, Purani Abadi Sri
         Ganganagar Rajasthan- Retired On 30.06.2022 From The
         Post Of Teacher Grade Ii (Senior Teacher) At Government
         Senior Secondary School 5G, Chhoti Saharanwali, Sri
         Ganganagar Rajasthan
27.      Surinder Kaur, W/o Shri Devender Singh, Aged About 60
         Years, R/o Kaler Traders, Near Rathi                            Petrol Pump,
         Suratgarh District Sri Ganganagar Rajasthan- Retired On
         30.06.2023 From The Post Of Principal At Government
         Senior Secondary School Maghewali Dhani-Imsd, Block
         Vijaynagar, Sri Ganganagar Rajasthan
28.      Ranjeet Singh, S/o Shri Mehar Chand, Aged About 62
         Years, R/o Ward No.1, Kesrisinghpur,sri Ganganagar
         Rajasthan- Retired On 30.06.2021 From The Post Of
         Teacher     Grade     Iii   Level       I   At      Government         Senior
         Secondary School 21 H, Sri Ganganagar Rajasthan

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29.      Gurjant Singh, S/o Shri Jangir Singh, Aged About 63
         Years, R/o Ward No.1, Labour Colony Kesrisinghpur
         District     Sri       Ganganagar             Rajasthan-           Retired   On
         30.06.2020 From The Post Of Teacher Grade Iii At
         Government           Senior        Secondary          School       21   H,    Sri
         Ganganagar Rajasthan
30.      Jalandhar Singh, S/o Shri Bhag Singh, Aged About 62
         Years, R/o 4 S, Malkana Khurd, Tehsil Karanpur Sri
         Ganganagar Rajasthan- Retired On 30.06.2021 From The
         Post Of Teacher Grade Ii (Ele. Hm) (Senior Teacher) At
         Government Upper Primary School 7S Second, Tehsil
         Karanpur District Sri Ganganagar Rajasthan
31.      Gurcharan Singh, S/o Shri Krishan Singh, Aged About 61
         Years, R/o 21H, Gurusar, Tehsil Karanpur Sri Ganganagar
         Rajasthan- Retired On 30.06.2022 From The Post Of
         Teacher Grade Iii At Government Senior Secondary School
         Kesrisinghpur District Sri Ganganagar Rajasthan
32.      Rakesh Kumar Sikka, S/o Shri Om Prakash Sikka, Aged
         About 60 Years, R/o House No. 82, Gali No. 10, Setia
         Colony Sri Ganganagar Rajasthan- Retired On 30.06.2023
         From       The    Post     Of     Principal      At    Government        Senior
         Secondary School 25 K.y.d. Block Khajuwala District
         Bikaner Rajasthan
33.      Harkha Ram Yadav, S/o Shri Ram Lal Yadav, Aged About
         60 Years, R/o             25, Ramdev Colony, Gali No.7, Sri
         Ganganagar Rajasthan- Retired On 30.06.2023 From The
         Post Of Senior Teacher (Maths) At Government Senior
         Secondary School Narsinghpura Manjhuwas District Sri
         Ganganagar Rajasthan
34.      Asha Chug, D/o Shri Jai Ram Chug, Aged About 61 Years,
         R/o 8G12, Jawahar Nagar Sri Ganganagar Rajasthan-
         Retired On 30.06.2022 From The Post Of Principal At
         Government Senior Secondary School Gandhi Sagar
         District Jodhpur Rajasthan
35.      Richhpal Singh, S/o Shri Harbhajan Singh, Aged About 68
         Years, R/o House No.7-1, Block Ward No. 17, Purani
         Abadi Sri Ganganagar Rajasthan- Retired On 30.06.2015
         From       The    Post     Of     Lecturer       At    Government        Senior
         Secondary         School        Arayan        District       Sri   Ganganagar
         Rajasthan


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36.      Asha Ram Sharma, S/o Shri Har Lal Sharma, Aged About
         68 Years, R/o House No.2, Bharat Nagar, Sri Ganganagar
         Rajasthan- Retired On 30.06.2015 From The Post Of
         Principal Government Senior Secondary School 19-Z, Sri
         Ganganagar Rajasthan
37.      Harbans Singh, S/o Shri Gurdayal Singh, Aged About 68
         Years, R/o 32B, Bharat Nagar, Sri Ganganagar Rajasthan-
         Retired On 30.06.2015 From The Post Of Lecturer
         Government Senior Secondary School Mirzewala District
         Sri Ganganagar Rajasthan
38.      Saroj Bala, D/o Shri Banshi Ram, Aged About 60 Years,
         R/o House No.2-E-5,jawahar Nagar, Sri Ganganagar
         Rajasthan- Retired On 30.06.2023 From The Post Of
         Teacher Grade Ii (Senior Teacher) At Government Senior
         Secondary School 12 Lnp Sihaganwali, Sri Ganganagar
         Rajasthan
39.      Jaspal Kaur, D/o Shri Surjan Singh, Aged About 67 Years,
         R/o Ward No. 17, House No. 3A, Purani Abadi Sri
         Ganganagar Rajasthan- Retired On 30.06.2016 From The
         Post Of     Teacher      Grade       Iii   Level     I   At Government
         Secondary School (Sugar Mill) Sri Ganganagar Rajasthan
40.      Pravesh Kumari, W/o Shri Baldev Raj Puri, Aged About 72
         Years,     R/o   77     Mukharjee          Nagar,        Sri     Ganganagar
         Rajasthan- Retired On 30.06.2011 From The Post Of
         Lecturer At Government Senior Secondary School Ganesh
         Garh, Sri Ganganagar Rajasthan
                                                                        ----Petitioners
                                     Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Education Department, Government Secretariat, Jaipur.
2.       Director, Secondary Education Rajasthan, Bikaner
3.       Director, Elementary Education, Rajasthan, Bikaner
4.       Director, Pension Department, Jyoti Nagar, Jaipur
5.       Chief District Education Officer, Sri Ganganagar
6.       Chief District Education Officer, Barmer,rajasthan
7.       Chief District Education Officer, Bikaner,rajasthan
8.       Chief District Education Officer, Jodhpur, Rajasthan
9.       Chief District Education Officer, Anoopgarh, Rajasthan

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                                                                ----Respondents
For Petitioner(s)        :     Mr. Vijay Pathak
For Respondent(s)        :     Mr. Anil Mehta, AAG
                               Mr. Yashodhar Pandey
                               Mr. Rahul Kumar



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                         Judgment / Order

01/02/2024

1. Learned counsels for the parties submit that the issue

involved in the present writ petition has already been put to rest

by the Division Bench judgment of this Court in case of Ramesh

Chander Gupta vs. State of Rajasthan & Ors. in D.B. Civil

Writ Petition No.2800/2021 and other connected matters,

decided on 17.10.2023.

2. 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 as well

as judgment of Hon'ble Supreme Court in the case of The Director

(Admn. and 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.1001/2023 have also been disposed off on 19.05.2023. A copy of 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

[2024:RJ-JP:5285] (8 of 8) [CW-1613/2024]

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."

3. Learned AAG appearing for the respondents does not dispute

the fact that the issue, as raised in the present writ petitions is

similar to Ramesh Chander Gupta (supra).

4. In view of the joint statement of the learned counsels for the

parties, this Court deems it just and proper to dispose of the writ

petition on the same terms and with direction to the respondents

to consider the petitioners' claim and pass appropriate orders in

the light of the Division Bench judgment, as referred to above,

within a period of two months.

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

application and pending application/s, if any, also stand disposed

of.

(GANESH RAM MEENA),J DIVYA SAINI /4

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