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Nayan Kumari W/O Suresh Kumar Mewara vs The State Of Rajasthan ...
2024 Latest Caselaw 1492 Raj/2

Citation : 2024 Latest Caselaw 1492 Raj/2
Judgement Date : 4 March, 2024

Rajasthan High Court

Nayan Kumari W/O Suresh Kumar Mewara vs The State Of Rajasthan ... on 4 March, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:10886]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 3158/2024

1.       Nayan Kumari W/o Suresh Kumar Mewara, Aged About 62
         Years, R/o 3/199, Ganesh Talab, Kota, Rajasthan.
2.       Dinesh Kumar Sharma S/o Radhe Shyam Chhaila, Aged
         About 60 Years, R/o Chhaila Mohalla, Baswa, District
         Dausa, Rajasthan.
3.       Shambhu Lal Ostwal S/o Nathu Lal Ostwal, Aged About
         60 Years, R/o 74, Adarsh Nagar, Bundi Road, Kunhadi,
         Kota, Rajasthan.
4.       Bhanwar Pal Suman S/o Birdhi Lal Suman, Aged About 60
         Years, R/o B-250, Shrinathpuram-B, Kota, Rajasthan.
5.       Satya Narayan Meena S/o Gobari Lal Meena, Aged About
         65 Years, R/o 550, Basant Vihar, Kota, Rajasthan.
6.       Lakhbeer Singh Chhabra S/o Inder Singh Chhabra, Aged
         About 63 Years, R/o H. No. 9, Janak Puri, Mala Road,
         Near Saint Pauls School, Kota, Rajasthan.
7.       Sahi Ram Kataria S/o Mam Chand Kataria, Aged About 72
         Years, R/o 24, Tagore Nagar, Dcm, Ajmer Road, Jaipur,
         Rajasthan.
8.       Laxmi Ballabh Sharma S/o Vishnu Ballabh Sharma, Aged
         About 69 Years, R/o B/17/91, Bhawri Villa, Jai Hind Nagal,
         Kota, Rajasthan.
9.       Jaswant Singh S/o Hanuman Singh, Aged About 74 Years,
         R/o A-95, Krishna Path, Vidyut Nagar-A, Ajmer Road,
         Jaipur, Rajasthan.
                                                                           ----Petitioners
                                         Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         School       Education           Department,              Govt.     Secretariat,
         Rajasthan, Jaipur.
2.       State       Of   Rajasthan,         Through         Its      Principal   Finance
         Secretary, Secretariat, Rajasthan, Jaipur.
3.       The State Of Rajasthan Through Its Secretary And
         Commissioner, Department Of Agriculture, Pant Krishi
         Bhawan, Rajasthan, Jaipur.
4.       The Director, Secondary Education, Rajasthan, Bikaner.
5.       The Chief Engineer And Additional Secretary, Public Works
         Department, Rajasthan, Jaipur.
6.       The     Director,       Treasury         And      Accounts         Department,
         Rajasthan, Jaipur.
7.       The Director, Department Of Pension And Pensioners


                          (Downloaded on 15/03/2024 at 09:38:54 PM)
 [2024:RJ-JP:10886]                        (2 of 4)                             [CW-3158/2024]


         Welfare, Rajasthan, Jaipur.
                                                                           ----Respondents


For Petitioner(s)              :     Mr. Ram Pratap Saini
                                     Mr. Aamir Khan
For Respondent(s)              :



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                               Judgment / Order

04/03/2024

1.    Learned        counsel       for   the     petitioners          submits     that    the

controversy involved in the present case is squarely covered by

the Division Bench judgment 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 petitioners

seeks liberty to approach respondent/s by way of filing

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, 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.

[2024:RJ-JP:10886] (3 of 4) [CW-3158/2024]

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 petitioners, the

respondent/s shall consider the claim of the petitioners 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), read with order dated

11.04.2023 in SLP(C) No. 3420/2023 and order dated

19.05.2023 in SLP(C) No. 1011/2023 passed by Hon'ble

Apex Court, as has been referred in the case of C.P.

Mundinamani & Ors. (supra).

6. The present writ petition stands disposed of.

7. The order has been passed based on the submissions made

by the learned counsel for the petitioners and the averments

made in the writ petition. The respondent/s 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

[2024:RJ-JP:10886] (4 of 4) [CW-3158/2024]

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), read with order dated 11.04.2023 in SLP(C) No.

3420/2023 and order dated 19.05.2023 in SLP(C) No.

1011/2023 passed by Hon'ble Apex Court, as has been

referred in the case of C.P. Mundinamani & Ors. (supra).

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

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

disposed of.

(GANESH RAM MEENA),J

DIVYA SAINI /7

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