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Daya Chand Meena, S/O Shri Lohare Ram vs State Of Rajasthan (2024:Rj-Jp:15018)
2024 Latest Caselaw 2319 Raj/2

Citation : 2024 Latest Caselaw 2319 Raj/2
Judgement Date : 28 March, 2024

Rajasthan High Court

Daya Chand Meena, S/O Shri Lohare Ram vs State Of Rajasthan (2024:Rj-Jp:15018) on 28 March, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:15018]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 4683/2024

1.       Daya Chand Meena, S/o Shri Lohare Ram, Aged About 65
         Years, R/o Village Santha, Tehsil Mahuwa, District Dausa
         Rajasthan. Retired On 30.06.2018 From The Post Of
         Executive Engineer (Civil) At O/o Executive Engineer,
         Public      Works    Department           Sikandara         District    Dausa
         Rajasthan
2.       Laxman Ram, S/o Shri Hema Ram, Aged About 63 Years,
         R/o Plot No. 72, Shri Ram Colony, Nagaur Rajasthan-
         Retired On 30.06.2020 From The Post Of Electrician At
         O/o Assistant Engineer (A.en.), Public Works Department
         Sub Division First, Nagaur Rajasthan
3.       Asha Sharma, W/o Shri Hari Ballabh Sharma, Aged About
         63 Years, (Since Deceased On 14.09.2020, Retired On
         30.06.2014 On The Post Of Assistant Accounts Officer Ist
         At Office Of Deputy Secretary, Finance (Expenditure-Ii)
         Department,         Secretariate,          Jaipur         Rajasthan),     R/o
         162/140, Sector-16, Kumbha Marg, Pratap Nagar, Jaipur
         Rajasthan.
                                                                       ----Petitioners
                                      Versus
1.       State Of Rajasthan, Through Its Principal Secretary, Public
         Works Department, Government Secretariat, Jaipur.
2.       Chief Engineer, Public Works Department, Jaipur
3.       Suprintendent Engineer (S.E.), Public Works Department,
         Sub Division First, Nagaur Rajasthan
4.       Assistant     Engineer,       Public      Works           Department,    Sub
         Division First, Nagaur Rajasthan
5.       Principal Secretary, Finance Department, Jaipur
6.       Director, Treasury And Accounts, Jaipur Rajasthan
7.       Director, Pension Department, Jyoti Nagar, Jaipur
                                                                     ----Respondents


For Petitioner(s)            :    Mr. Vijay Pathak



           HON'BLE MR. JUSTICE GANESH RAM MEENA


                       (Downloaded on 04/04/2024 at 08:43:13 PM)
 [2024:RJ-JP:15018]                        (2 of 4)                           [CW-4683/2024]


                                          Order

28/03/2024
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, 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

[2024:RJ-JP:15018] (3 of 4) [CW-4683/2024]

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.

[2024:RJ-JP:15018] (4 of 4) [CW-4683/2024]

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 as well as pending application/s, if any, also stand

disposed of.

(GANESH RAM MEENA),J

Ashish Kumar /24

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