Citation : 2024 Latest Caselaw 1859 Raj/2
Judgement Date : 18 March, 2024
[2024:RJ-JP:13186]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3842/2024
1. Mohan Lal Meena S/o Prabhu Lal Meena, Aged About 61
Years, R/o H. No. 155, Shiv Colony, Station Road, Anta,
District Baran, Rajasthan.
2. Chandra Kanta Bhati W/o Bhawani Singh Bhati, Aged
About 67 Years, R/o 4, Ganeshpuri Colony, Malpura Gate,
Sanganer, Jaipur, Rajasthan.
3. Dev Lal Gocher S/o Goru Lal Gocher, Aged About 64
Years, R/o H. No. 9, Agrasen Colony, Dadabari Extn.,
Kota, Rajasthan.
4. Islamuddin Qureshi S/o Nizamuddin Qureshi, Aged About
66 Years, R/o 7508/12, Abdul Hameed Nagar, Ganesham
Complex Ke Piche, M.i. Road, Jaipur, Rajasthan.
5. Indra Singh S/o Banshi Lal, Aged About 63 Years, R/o Plot
No. 16-7, Balaji Vihar-5, Kallawala, Vatika Road,
Sanganer, Jaipur, Rajasthan.
6. Devendra Kumar Sharma S/o Nand Lal Sharma, Aged
About 64 Years, R/o H. No. 3-R-35, Talwandi, Kota,
Rajasthan.
7. Jogendra Singh Choudhary S/o Pitaram Choudhary, Aged
About 68 Years, R/o 2-C-11, Mahaveer Nagar Extension,
Kota, Rajasthan.
8. Mohan Lal Rathore S/o Ghasi Ram Rathore, Aged About
64 Years, R/o B-322, Indra Vihar, Kota, Rajasthan.
9. Mool Chand Rathore S/o Nathu Lal Rathore, Aged About
71 Years, R/o Panchayati Nagar, Near Lavli Diamond
School, Kunhari, District Kota, Rajasthan.
10. Satya Narayan Paliwal S/o Prabhu Lal Paliwal, Aged About
63 Years, R/o 2A 46, Mahaveer Nagar Extension, Kota,
Rajasthan.
11. Ramesh Chandra Mahawar S/o Shiv Narayan Mahawar,
Aged About 60 Years, R/o 90, Keshovpura, Sector-7,
Kota, Rajasthan.
12. Vijay Prakash Sharma S/o Madan Lal Sharma, Aged About
67 Years, R/o D-137, Shrinathpuram, Kota, Rajasthan.
13. Mahaveer Prasad Jangid S/o Banwari Lal, Aged About 64
Years, R/o Vpo Kalota, Via Babai, District Jhunjhunu,
Rajasthan.
14. Ramkaran S/o Pritam Singh, Aged About 62 Years, R/o H.
No. 14, Opposite Sonalika Tractor Agency, Vpo Kankarda,
Bhunbhai, Jaipur Road, Ajmer, Rajasthan.
15. Girraj Prasad Bairwa S/o Ramhet Lal, Aged About 67
Years, R/o 53B, Sundar Nagar, Railway Station Ke Samne,
Sanganer, Jaipur, Rajasthan.
16. Anjana Yadav D/o Bajrang Lal Yadav, Aged About 60
Years, R/o H. No. 2-D-4, Mahaveer Nagar Extn., Kota,
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Rajasthan.
17. Anil Kumar Audichya S/o Suresh Chandra Audichya, Aged
About 63 Years, R/o 533, Vivekanand Nagar, Behind
Medical College, Kota, 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. The State Of Rajasthan, Through Its Secretary, Medical,
Health And Family Welfare Department, Rajasthan, Jaipur.
5. State Of Rajasthan, Through Its Principal Finance
Secretary, Secretariat, Rajasthan, Jaipur.
6. The Registrar, Board Of Revenue, Ajmer.
7. The District Collector, Collectorate, Kota.
8. The Commissioner, Land Settlement, Rajasthan, Jaipur.
9. The Land Settlement Officer, Ajmer, Rajasthan.
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
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.
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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 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
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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).
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 /20
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