Citation : 2024 Latest Caselaw 1497 Raj/2
Judgement Date : 4 March, 2024
[2024:RJ-JP:10896]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3250/2024
1. Dr. Rajendra Prasad Doria S/o Murlidhar, Aged About 62
Years, R/o 596, Sudama Kuteer Marg, Surya Nagar,
Jaipur, Rajasthan.
2. Uttam Chand Tosawara S/o Mohan Lal Tosawara, Aged
About 65 Years, R/o 51-A, Rajeev Vihar, Opposite Rajat
Path, New Sanganer Road, Jaipur, Rajasthan.
3. Om Prakash Regar S/o Ram Dayal Regar, Aged About 63
Years, R/o Ward No. 32, Raigar Mohalla, City Sawai
Madhopur, District Sawai Madhopur, Rajasthan.
4. Kailash Chand Raigar S/o Puran Mal Raigar, Aged About
63 Years, R/o Ward No. 28, Raigar Mohalla, City Sawai
Madhopur, District Sawai Madhopur, Rajasthan.
5. Mohan Lal Gupta S/o Sitaram Gupta, Aged About 62
Years, R/o 523, Ist Floor, Lane No. 5, Ajmer Road,
Ranisati Nagar, Jaipur, Rajasthan.
6. Vijay Kumar Gupta S/o C.r. Gupta, Aged About 71 Years,
R/o 72-A, Mangal Vihar, Near Jain Temple, Gopalpura
Bypass, Jaipur, Rajasthan.
7. Devendra Kumar Sharma S/o Madan Mohan Lal Sharma,
Aged About 65 Years, R/o E-56, Ram Nagar Extension,
Sodala, Jaipur, Rajasthan.
8. Govind Lal Goyal S/o Vraddhi Chand, Aged About 64
Years, R/o 88, Mangal Vihar, Gopalpura Bye Pass, Jaipur,
Rajasthan.
9. Sudhir Kumar Bansal S/o Jyoti Prasad Bansal, Aged About
63 Years, R/o 34-A, Harikishan Somani Marg, Hathroi Fort
Scheme, Jaipur, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical And Health, Govt. Secretariat,
Rajasthan, Jaipur.
2. State Of Rajasthan Through Its Principal Finance
Secretary, Secretariat, Rajasthan, Jaipur.
3. State Of Rajasthan, Through Its Principal Secretary,
Department Of Home Guard, Government Secretariat,
Rajasthan, Jaipur.
4. The Director, Medical And Health Services, Rajasthan,
Jaipur.
5. The Registrar, Cooperative Societies, Rajasthan, Jaipur.
6. The Director, Directorate Of Home Guards, Rajasthan,
Jaipur.
7. The Chief Engineer, Public Health And Engineering
Department, Rajasthan, Jaipur.
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[2024:RJ-JP:10896] (2 of 4) [CW-3250/2024]
8. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
9. The Director, Department Of Pension And Pensioners
Welfare, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Kapil Kumar Khandelwal
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:10896] (3 of 4) [CW-3250/2024]
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:10896] (4 of 4) [CW-3250/2024]
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 /16
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