Rajasthan High Court
Babu Lal Sharma S/O Late Shri Kanhaya Lal ... vs State Of Rajasthan (2024:Rj-Jp:2810) on 17 January, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:2810]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18383/2023
1. Babu Lal Sharma S/o Late Shri Kanhaya Lal Sharma,
Aged About 72 Years, R/o Parshuram Colony, Behind
Govt. Hospital, Rajgarh, District Alwar, Rajasthan.
2. Ramesh Chand Barsar S/o Shri Radhey Shyam Sharma,
Aged About 65 Years, R/o Parshuram Colony, Behind
Govt. Hospital, Rajgarh, District Alwar, Rajasthan.
3. Brahmanand Sharma S/o Shri Dwarka Prasad Sharma,
Aged About 63 Years, R/o Kankwadi Bazar, Rajgarh,
District Alwar, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary Of Home
Department, Secretariat, Jaipur.
2. Director, Elementary Education, Bikaner, Rajasthan.
3. Director, Secondary Education, Bikaner, Rajasthan.
4. Director, Directorate Of Pension And Pensioner Welfare Of
Rajasthan, Jyoti Nagar, Jaipur.
5. Principal Secretary, Department Of Finance, Govt. Of
Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Raj Kumar Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
17/01/2024
1. Learned counsel for the petitioners 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
(Downloaded on 28/01/2024 at 07:50:19 PM)
[2024:RJ-JP:2810] (2 of 3) [CW-18383/2023]
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 respondent/s 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), the
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 the 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.
[2024:RJ-JP:2810] (3 of 3) [CW-18383/2023]
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 the case of 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 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, 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.
7. Since the main petition has been disposed of, all pending
application/s, if any, to dispose.
(GANESH RAM MEENA),J
ARTI SHARMA /267
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