Citation : 2024 Latest Caselaw 238 Raj/2
Judgement Date : 12 January, 2024
[2024:RJ-JP:2285]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 479/2024
1. Mohan Lal Gupta Son Of Shri Ramcharan Gupta, Aged
About 69 Years, Resident Of Ward No. 19, Jagdamba
Colony, Shanti Niketan, Kherli, Tehsil Kathumar, District
Alwar (Raj.)
2. Govardhan Singh Son Of Shri Kunji Singh, Resident Of
Taragwan, Post Ghantri, Tehsil Bhusawar, District
Bharatpur (Raj.)
3. Sohan Lal Sharma Son Of Shri Durga Prasad Sharma, R/o
Vpo Garu, Tehsil Kathumar, District Alwar (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Principal Secretary, Department Of Finance, Government
Of Rajasthan, Secretariat, Jaipur.
3. Director, Elementary Education, Bikaner.
4. Deputy Director (Elementary Education), Bharatpur
Division, Bharatpur.
5. Deputy Director (Elementary Education), Jaipur Division,
Jaipur.
6. Senior Deputy District Education Officer Cum Block
Elementary Education Officer, Nadbai, District Bharatpur.
7. Block Elementary Education Officer, Weir, Bharatpur (Raj.)
8. Director, Directorate Of Pension And Pensioners Welfare,
Rajasthan Jyoti Nagar, Jaipur.
9. District Elementary Education Officer, Alwar.
----Respondents
For Petitioner(s) : Mr. Kailash Chand Katara
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
(Downloaded on 28/01/2024 at 07:47:27 PM)
[2024:RJ-JP:2285] (2 of 3) [CW-479/2024]
12/01/2024
1. Learned counsel for the petitioners submits that the
controversy involved in the present petition is squarely covered by
the judgment of Division Bench in the 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 these circumstances, learned counsel for the petitioners
seeks liberty to approach the respondents by way of filing a
representation for redressal of their grievances in the light of
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, 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 as per their entitlement. Whatever amount is found
[2024:RJ-JP:2285] (3 of 3) [CW-479/2024]
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
respondents shall consider the claim of the petitioners and pass an
appropriate order in accordance with law and the observations
made in case of Ramesh Chander Gupta (supra).
6. The order has been passed on the submissions made by the
learned counsel for the petitioners and the averments made in the
writ petition. The respondents 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).
7. The present writ petition is accordingly, disposed of.
8. Since the main petition has been disposed of, all pending
applications, if any, also stand disposed of.
(GANESH RAM MEENA),J
ARTI SHARMA /71
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