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