Citation : 2024 Latest Caselaw 343 Raj/2
Judgement Date : 18 January, 2024
[2024:RJ-JP:3056]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18298/2023
Jagdish Prasad Jhadoliya S/o Late Shri Anand Ram Sharma,
Aged About 69 Years, R/o Village And Post Talab, Tehsil Tehla,
District Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Education, Govt. Of Rajasthan, Jaipur.
2. Director, Elementary Education Rajasthan Bikaner.
3. Deputy Director, Elementary Education Jaipur Division
Jaipur.
4. Director, P0Ension And Pensioners Welfare Department
Rajasthan Jaipur.
----Respondents
For Petitioner(s) : Mr. Mahendra Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
18/01/2024
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 judgment rendered by this
court in the case of Ramesh Chander Gupta (supra).
[2024:RJ-JP:3056] (2 of 3) [CW-18298/2023]
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 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
[2024:RJ-JP:3056] (3 of 3) [CW-18298/2023]
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
with consequential benefits as ordered in the case of Ramesh Chander
Gupta (supra).
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 /51
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