Rajasthan High Court
Ami Chand Malav S/O Anandi Lal Malav vs The State Of Rajasthan ... on 18 March, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:13178]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3795/2024
1. Ami Chand Malav S/o Anandi Lal Malav, Aged About 61
Years, R/o Vpo Morpa Via Sultanpur, District Kota,
Rajasthan.
2. Dhanpal Nagar S/o Ratan Lal Nagar, Aged About 63 Years,
R/o H. No. 129, Subhash Nagar Ist, Stone Mandi,
Anantpura, Kota, Rajasthan.
3. Jawahar Lal Soni S/o Moti Lal Soni, Aged About 68 Years,
R/o Gujar Mohalla, Near Bada Mandir, Kanwas, Kota,
Rajasthan.
4. Mohan Lal Kalwar S/o Kanhaiya Lal Kalwar, Aged About 62
Years, R/o H. No. 59, Subhash Nagar-I, Kota, Rajasthan.
5. Mohan Singh S/o Gopal Singh, Aged About 65 Years, R/o
H. No. 779, Basant Vihar, Dadabari, Kota, Rajasthan.
6. Nand Kishor Nagar S/o Bajrang Lal Nagar, Aged About 75
Years, R/o Village Kotara Deep Singh, Tehsil Digod,
District Kota, Rajasthan.
7. Ram Kumar Meghwal S/o Nand Kishore, Aged About 61
Years, R/o Village Kanwarpura, Tehsil Digod, District Kota,
Rajasthan.
8. Shri Lal Nagar S/o Ramdayal Nagar, Aged About 66 Years,
R/o H. No. 1 Kha-3, Teacher's Colony, Keshavpura, Kota,
Rajasthan.
9. Gopal Lal Yadav S/o Nathu Lal Yadav, Aged About 66
Years, R/o 579, Opposite Police Station, Shastri Nagar,
Jaipur, Rajasthan.
10. Suresh Chand Gupta S/o Ratan Lal, Aged About 60 Years,
R/o 185/73, Kumbha Marg, Pratap Nagar, Jaipur,
Rajasthan.
11. Neerja Kaushik W/o Jagdish Prasad Goud, Aged About 64
Years, R/o 29, Shiv Shakti, Khanij Nagar, Sector-3,
Balupura Road, Adarsh Nagar, Ajmer, Rajasthan.
12. Govind Prasad Panwar S/o Ram Chandra Panwar, Aged
About 64 Years, R/o H. No. 3, Haribhau Upadhyay Nagar
Extn. Near Vridha Ashram, Kotra, Ajmer, Rajasthan.
13. Narendra Kumar Tak S/o Jethmal Tak, Aged About 64
Years, R/o Plot No. 299, Haribhau Upadhyay Nagar Extn.
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Pushkar Road, Ajmer, Rajasthan.
14. Parashram Bunker S/o Bherulal Bunker, Aged About 70
Years, R/o 668, Uit Colony, Sector-13, Hiran Magri, Near
Mvm School, Udaipur, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
School Education Department, Govt. Secretariat,
Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. State Of Rajasthan, Through Its Principal Finance
Secretary, Secretariat, Rajasthan, Jaipur.
5. The Director, Fisheries Department, Rajasthan, Jaipur.
6. The Commissioner, Commercial Tax Department, Govt. Of
Rajasthan, Kar Bhawan, Rajasthan, Nagaur.
7. The Registrar, Board Of Revenue, Ajmer.
8. The District Collector, Jaipur.
9. Deputy Secretary, Ayurved, Yoga And Naturopathy, Unani,
Siddha And Homoeopathy (Ayush) Department,
Government Of Rajasthan, Secretariat, Jaipur.
10. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
11. The Director, Department Of Pension And Pensioners
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
18/03/2024
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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
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
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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.
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).
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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 /12
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