Citation : 2024 Latest Caselaw 2181 Raj/2
Judgement Date : 21 March, 2024
[2024:RJ-JP:14182]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4396/2024
1. Vijay Pal Singh, S/o Shri Mala Ram, Aged About 66 Years,
R/o Village Meelo Ki Dhani, Post Purohiton Ki Dhani, Tehsil
And District Jhunjhunu Rajasthan Retired On 30.06.2017
From The Post Of Physical Education Teacher (Pet) Grade
Iii At Shaheed Ishwar Singh Government Senior
Secondary School Bharonda Khurd District Jhunjhunu
Rajasthan
2. Ram Swaroop Gajraj, S/o Shri Hanumana Ram, Aged
About 66 Years, R/o C-40, Indra Nagar, Jhunjhunu
Rajasthan Retired On 30.06.2017 From The Post Of
Physical Education Teacher (Pet) Grade Iii At Government
Upper Primary School Kalabhatha (Papada), Block
Udaipurwati District Jhunjhunu Rajasthan
3. Mohan Lal, S/o Shri Birja Ram, Aged About 61 Years, R/o
Jheegar Chhoti, Via Katrathal District Sikar Rajasthan
Retired On 30.06.2023 From The Post Of Principal At
Mahatma Gandhi Government School Gothara Bhukran,
Block Dhod District Sikar Rajasthan
4. Dr. Pyare Lal Meel, S/o Shri Arjun Ram, Aged About 62
Years, R/o 5/12, Maan Nagar, In Front Of Nagar-
Parishad, Jhunjhunu Rajasthan Retired On 30.06.2021
From The Post Of Deputy Director At O/o Joint Director,
Animal Husbandry Department Jhunjhunu Rajasthan
5. Dr. Surendra Singh, S/o Shri Banwari Lal, Aged About 62
Years, R/o Village Ratanshahar, Post Islampur, Tehsil And
District Jhunjhunu Rajasthan Retired On 30.06.2021 From
The Post Of Deputy Director At O/o Joint Director, Animal
Husbandry Department Jhunjhunu Rajasthan
6. Dr. Gyarsi Lal Saini, S/o Shri Banwari Lal, Aged About 61
Years, R/o Village Hanuman Nagar, Post Chowkari, Tehsil
Khandela District Sikar Rajasthan Retired On 30.06.2022
From The Post Of Deputy Director At O/o Joint Director,
Animal Husbandry Department Sikar Rajasthan
7. Dr. Todu Singh Rajput, S/o Shri Bhanwar Singh Rajput,
Aged About 66 Years, R/o Near Rajkiya School Bhagega,
Post Sirohi, Tehsil And District Neem Ka Thana Rajasthan
Retired On 30.06.2017 From The Post Of Deputy Director
(Downloaded on 05/04/2024 at 09:47:07 PM)
[2024:RJ-JP:14182] (2 of 4) [CW-4396/2024]
At O/o Joint Director, Animal Husbandry Department Sikar
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, Jhunjhunu
5. Chief District Education Officer, Sikar
6. Principal Secretary, Animal Husbandry Department, Jaipur
7. Director, Animal Husbandry Department, Jaipur
8. Director, Pension Department, Jyoti Nagar, Jaipur
----Respondents
For Petitioner(s) : Mr. Vijay Pathak
HON'BLE MR. JUSTICE GANESH RAM MEENA
Order
21/03/2024
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).
[2024:RJ-JP:14182] (3 of 4) [CW-4396/2024]
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, decided on 07.08.2023 & the
Commissioner, Kendriya Vidyalaya Sangathan & Anr. Vs.
Ram Karan Bhakar & Ors.: D.B. Civil Writ Petition No.
4139/2022 decided on 25.07.2023 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
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
[2024:RJ-JP:14182] (4 of 4) [CW-4396/2024]
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, stay
application as well as pending application/s, if any, also stand
disposed of.
(GANESH RAM MEENA),J
Ashish Kumar /11
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