Citation : 2024 Latest Caselaw 1618 Raj/2
Judgement Date : 7 March, 2024
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3537/2024
1. Tej Singh Dagur, S/o Shri Jwala Singh, Aged About 60
Years, R/o Village And Post Hukmi Kheda, Tehsil Hindaun
City District Karauli Rajasthan- Retired On 30.06.2023
From The Post Of Teacher Grade Ii (Senior Teacher) At
Government Senior Secondary School Vijaypura Block
Hindaun City District Karauli Rajasthan
2. Hira Lal, S/o Shri Mothina Ram, Aged About 60 Years, R/o
New Jyoti Nagar, Near A.m.p.s. School Hindaun City
District Karauli Rajasthan- Retired On 30.06.2023 From
The Post Of Teacher Grade Iii Level-I At Government
Senior Secondary School Kheep Ka Pura Block Hindaun
City District Karauli Rajasthan
3. Sumer Singh, S/o Shri Nanga Ram, Aged About 60 Years,
R/o Village Kajanipur And Post Patonda, Tehsil Shri
Mahaveer Ji District Karauli Rajasthan- Retired On
30.06.2023 From The Post Of Teacher Grade Iii Level-I At
Government Senior Secondary School Nagla Meena, Block
Shri Mahaveer Ji District Karauli Rajasthan
4. Subhash Chandra Sharma, S/o Shri Budha Lal Sharma,
Aged About 61 Years, R/o 5, Jagdamba Bhawan, Shri
Chandra Nagar, Gurjar Ghati, Amer Road, Jaipur
Rajasthan- Retired On 30.06.2022 From The Post Of
Principal At Government Senior Secondary School Moti
Katla, Block Jaipur East, Jaipur Rajasthan
5. Ramesh Chand Chhipa, S/o Shri Bhag Chand Chhipa,
Aged About 65 Years, R/o Masjid Wali Gali, Chhipiyo Ka
Mohalla, Bassi District Jaipur Rajasthan- Retired On
30.06.2018 From The Post Of Teacher Grade Iii Level-I At
Government Aadarsh Senior Secondary School Sujanpura,
Block Bassi District Jaipur Rajasthan
6. Madan Mohan Sharma, S/o Shri Ghanshyam Sharma,
Aged About 71 Years, R/o 59, Geeta Bhawan, Vijay Nagar
Colony, Bassi District Jaipur Rajasthan- Retired On
30.06.2012 From The Post Of Teacher Grade Ii (Senior
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Teacher) At Government Sr. Secondary School Mohanpura
(Bassi) District Jaipur Rajasthan
7. Deo Narain Koli, S/o Shri Bhouri Lal Koli, Aged About 61
Years, R/o Village And Post Rajpura Patalwas, Tehsil Bassi
District Jaipur Rajasthan- Retired On 30.06.2022 From
The Post Of Teacher Grade Iii Level-Ii At Government
Senior Secondary School Basai Kotputli District Jaipur
Rajasthan
8. Gopal Lal Koli, S/o Shri Chhotu Ram Koli, Aged About 64
Years, R/o Plot No.21, Dayal Colony, Gangadham Road,
Bassi District Jaipur Rajasthan- Retired On 30.06.2019
From The Post Of Teacher Grade Iii Level-I At Government
Aadarsh Senior Secondary School Ram Nagar, Block
Chaksu District Jaipur Rajasthan
9. Rajendra Kumar Singh, S/o Shri Chheda Singh, Aged
About 62 Years, R/o Plot No.25, Jagannath Puri Colony,
Bassi District Jaipur Rajasthan- Retired On 30.06.2021
From The Post Of Principal At Government Senior
Secondary School Lalas Block Gangrar District Chittorgarh
Rajasthan
10. Hanuman Prasad Sharma, S/o Shri Ram Sahay Sharma,
Aged About 61 Years, R/o Deen Dayal Colony, Gali No.2,
Jhilai Road, Niwai District Tonk Rajasthan- Retired On
30.06.2022 From The Post Of Lecturer (Hindi) At
Government Senior Secondary School Chainpura Block
Niwai District Tonk Rajasthan
11. Smt. Pushpa Devi, W/o Shri Raj Kumar Batra, Aged About
61 Years, R/o D-1, Khalsa Nagar,padampur Road, Sri
Ganganagar Rajasthan- Retired On 30.06.2022 From The
Post Of Teacher Grade Iii At Government Senior
Secondary School Sahuwala Sri Ganganagar Rajasthan
12. Ghanshyam Lal Vijayvargiya, S/o Shri Rameshwar Lal
Vijayvargiya, Aged About 60 Years, R/o Kapasan District
Chittorgarh Rajasthan- Retired On 30.06.2023 From The
Post Of Principal At Government Girls Senior Secondary
School Kapasan District Chittorgarh Rajasthan
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13. Pukhraj Chotiya, S/o Shri Mangi Lal Chotiya, Aged About
60 Years, R/o Ward No. 17, Bheru Ji Ka Chowk, Kapasan
District Chittorgarh Rajasthan- Retired On 30.06.2023
From The Post Of Assistant Administrative Officer At
Government Girls Senior Secondary School Kapasan
District Chittorgarh Rajasthan
14. Amba Lal Dhobi, S/o Shri Chhoga Lal Dhobi, Aged About
60 Years, R/o Ward No. 15, Chandaliyo Ka Mohalla
Kapasan District Chittorgarh Rajasthan- Retired On
30.06.2023 From The Post Of Principal At Government
Senior Secondary School Netawal Maharaj District
Chittorgarh Rajasthan
15. Ram Swaroop Sharma, S/o Shri Rameshwar Lal Sharma,
Aged About 63 Years, R/o 79, Near Charbhuja Mandir,
Goner, Sanganer, Jaipur Rajasthan- Retired On
30.06.2020 From The Post Of Librarian Grade Iii At O/o
District Institute Of Education And Training, Goner, Jaipur
Rajasthan
16. Bhagirath Singh, S/o Shri Sanwar Mal, Aged About 66
Years, R/o Village And Post Paldi, Via Kudan, Tehsil
Laxmangarh District Sikar Rajasthan- Retired On
30.06.2017 From The Post Of Teacher Grade Iii At
Government Primary School Kalva Ka Bas, Block
Laxmangarh District Sikar Rajasthan
17. Balaram Rangeria, S/o Shri Sultanaram Rangeria, Aged
About 65 Years, R/o Village Kaleran Ka Bass(Jaitpura),
Post Loona Via Dhanuri Tehsil Malsisar District Jhunjhunu
Rajasthan- Retired On 30.06.2018 From The Post Of
Principal At Government Senior Secondary School
(Krishan Nagar) Dulangi Nadi, Block Bapini District
Jodhpur Rajasthan
18. Ashok Kumar Sharma, S/o Shri Rajendra Mohan Sharma,
Aged About 60 Years, R/o Out Side Kayasth Khirkiya,
Karauli District Karauli Rajasthan- Retired On 30.06.2023
From The Post Of Lecturer (Political Science) At
Government Senior Secondary School Gudla, Block
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Karauli District Karauli Rajasthan
19. Kailash Chand Sharma, S/o Shri Ram Khilari Sharma,
Aged About 64 Years, R/o Vardhman Nagar, Hindaun City
District Karauli Rajasthan- Retired On 30.06.2019 From
The Post Of Physical Teacher Grade Iii At Government
Upper Primary School Kailash Nagar, Block Hindaun City
District Karauli Rajasthan
20. Jagdish Prasad Sharma, S/o Shri Narayan Lal Sharma,
Aged About 66 Years, R/o Behind Bhanwar Vilas, Tilak
Nagar, Karauli District Karauli Rajasthan- Retired On
30.06.2017 From The Post Of Lecturer (Sanskrit) At
Government Senior Secondary School Ratiyapura, Block
Karauli District Karauli Rajasthan
21. Ashok Kumar Sharma, S/o Shri Shambhu Dayal Sharma,
Aged About 66 Years, R/o Jagdamba Colony, In Front Of
Drda Office, Karauli District Karauli Rajasthan- Retired On
30.06.2017 From The Post Of Teacher Grade Ii (Senior
Teacher) (English) At Government Senior Secondary
School Lakhanipur Chamrola, Block Karauli District Karauli
Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Education Department, Government Secretariat, Jaipur
2. Director, Secondary Education, Rajasthan, Bikaner
3. Director, Elementary Education, Rajasthan, Bikaner
4. Chief District Education Officer, Sri Ganganagar
5. Chief Distict Education Officer, Chittorgarh, Rajasthan
6. Chief Distict Education Officer, Jodhpur, Rajasthan
7. Chief Distict Education Officer, Karauli, Rajasthan
8. Chief Distict Education Officer, Jaipur, Rajasthan
9. Chief Distict Education Officer, Sikar, Rajasthan
10. Principal,district Institute Of Education And Training,
Goner, Jaipur Rajasthan
11. Director, Pension Department, Jyoti Nagar, Jaipur
----Respondents
For Petitioner(s) : Mr. Vijay Pathak
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For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
07/03/2024
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.
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
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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
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.
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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 /13
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