Citation : 2024 Latest Caselaw 705 Raj/2
Judgement Date : 31 January, 2024
[2024:RJ-JP:5222]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.14659/2023
1. Rajendra Paliwal S/o Sh. Ramji Lal Sharama, Aged About
60 Years, R/o 24, Kanti Nagar, Main Post Office Ke Piche,
Mirzapura Road,gangapur City, (Rajasthan)-322201
2. Subhash Chandra Sharma S/o Sh. Heera Lal Sharma,
Aged About 60 Years, R/o Village And Post Sukar, Ban Ka
Beda, Tehsil- Bamanvas, District Gangapur City
(Rajasthan) 322212.
3. Ramesh Chand Sharma S/o Sh. Anantram Sharma, Aged
About 60 Years, R/o Village- Jagrampura Fost- Meean
Koleta, Tehsil- Bamanwas, District Gangapur City
(Rajasthan) 322211.
4. Radhyeshayam Jangid S/o Sh. Jamuna Lal Jangid, Aged
About 60 Years, R/o- Village Post-Talavada, Tehsil-
Talawada, District- Gangapur City, (Rajasthan) 322201.
5. Dinesh Chandra Sharma S/o Sh. Ramsahay Sharma, Aged
About 60 Years, R/o -Near Riddhi- Siddhi Hospital,
Hinduan Road, Gangapur City (Rajasthan)
6. Rameshwar Prasad Gupta S/o Sh. Prabhudayal Gupta,
Aged About 60 Years, R/o Agrasen Coloney, Gangapur
City, Rajasthan- 322201.
7. Uma Shankar Sharma S/o Sh. Babu Lal Sharma, Aged
About 60 Years, R/o Shub Laxmi Mil, Gandhi Nagar, Gali
No. 2, Gangapur City, Rajasthan- 322201.
8. Mahendra Kumar Gupta S/o Sh. Ramji Lal Gupta, Aged
About 60 Years, R/o Arya Samaj Mandir Wali Gali,
Shayam Das Balaji Ke Piche, Gangapur City, Rajasthan-
322201.
9. Chirnji Lal Bairwa S/o Sh. Lallu Ram Bairwa, Aged About
60 Years, R/o Trilok Nagar, Ward No. 38, Gangapur City,
Rajasthan- 322201.
10. Jamni Lal Meena S/o Sh. Laxmi Narayan Meena, Aged
About 60 Years, B/o- Village And Post- Seva Tehsil
Vajirpur, District-Sawaimadhopur, Rajasthan- 322219.
11. Giriraj Prasad Kharwal S/o Sh. Jayram Lal Kharwal, Aged
About 60 Years, R/o Village Post- Piplai, Tehsil-
Bamanwas, District- Savaimadhopur, Rajasthan.
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12. Sher Singh Jat S/o Sh. Kishan Singh, Aged About 60
Years, R/o Village Post- Shyaroli, Tehsil- Vajirpur, District-
Sawaimadhpur, Rajasthan- 322219.
13. Ramesh Chand Jain S/o Sh. Ramji Lal Jain, Aged About
60 Years, R/o Near Vardhman School, Iddgaha Mode,
Jaipur Road, Gangapur City, Rajasthan.
14. Mahdev Prasad Sharma S/o Sh. Jagmohan Lal Sharma,
Aged About 60 Years, R/o- Village Post- Shyaroli, Tehsil-
Vajirpur, District- Sawaimadhpur, Rajasthan- 322219.
15. Dhanful Bairwa S/o Sh. Dadhulal Bairwa, Aged About 60
Years, R/o Village Post- Vinega, Tehsi1- Gangapur City,
District- Sawaimadhpur, Rajasthan- 322219.
16. Gautam Lal Shrama S/o Sh. Ramvilash Sharma, Aged
About 60 Years, Resident Of Village Post Dhabra, Tehsil
Sapotara, District-Karoli, Rajasthan-322255
17. Omprakash Sharma S/o Sh. Jagan Lal Sharma, Aged
About 68 Years, R/o Shiv Coloney, Opposite Payrelal Ki
Bagichi, Gangapur City, Rajasthan.
18. Shiv Charan Sharma S/o Sh. Jagdish Prasad Sharma,
Aged About 66 Years, R/o- Village Sukar, Tehsil
Bamanwas, District-Sawaimadhopur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Education Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. Joint Secretary, Secondary Education, Govt. Secretariate,
Jaipur, Rajasthan.
3. Director, Directorate Of Pension And Pensioners Welfare,
Pension Bhawan Vidyat Marg Jyoti Nagar Jaipur.
4. Director, Elementary Education Department, Bikaner
Rajasthan.
5. Director, Secondary Education Department, Bikaner
Rajasthan.
6. Director, Sanskrit Education Department, Shiksha Sankul,
Jaipur.
7. Joint Director, Secondary Education, Bhratpur Divison,
Bharatpur.
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----Respondents
For Petitioner(s) : Mr. Pushpendra Kumar Pandey, Advocate For Respondent(s) : Mr. Rajendra Soni, Additional Advocate General
HON'BLE MR. JUSTICE GANESH RAM MEENA
Order
31/01/2024
1. Learned counsel 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
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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 petition is
similar to Ramesh Chander Gupta (supra).
4. In view of the joint statement of the learned counsel for the
parties, this Court deems it just and proper to dispose of this 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
Karan/78
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