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Ravi Prasad Sharma S/O Ishwar Lal Sharma vs The State Of Rajasthan ...
2024 Latest Caselaw 2337 Raj/2

Citation : 2024 Latest Caselaw 2337 Raj/2
Judgement Date : 28 March, 2024

Rajasthan High Court

Ravi Prasad Sharma S/O Ishwar Lal Sharma vs The State Of Rajasthan ... on 28 March, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:15214]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 2947/2021

1.       Ravi Prasad Sharma S/o Ishwar Lal Sharma, Aged About
         60 Years, R/o Joshi Market, Mohan Nagar, Hindaun City,
         District Karauli, Rajasthan
2.       Dwarka Prasad Sharma S/o Shri Babulal Sharma, Aged
         About 66 Years, R/o Marshi Parsuram Colony, Mahua
         Road, Hindaun City, District Karauli, Rajasthan
3.       Hari Mohan Sharma S/o Jhutya Ram Sharma, Aged About
         65 Years, R/o Village And Post Dorawali Via Kherla,
         District Karauli, Rajasthan
4.       Kinduri Lal S/o Pyar Singh, Aged About 66 Years, R/o
         Chetram Colony, Hindaun City, District Karauli, Rajasthan
5.       Gajanand Sharma S/o Shri Bhagwat Lal Sharma, Aged
         About 66 Years, R/o Chovepada, Hindaun, District Karauli,
         Rajasthan
                                                                   ----Petitioners
                                    Versus
1.       The State Of Rajasthan, Through Principal Secretary,
         Secondary Education Department Rajasthan, Government
         Secretariat, Jaipur Rajasthan
2.       The Director, Secondary Education Department, Bikaner,
         Samta Nagar, Bikaner, Rajasthan
3.       The Chief District Education Officer, Karauli, Rajasthan.
4.       The District Education Officer, Bhoodara Bazar, Village
         Ruggapura, Karauli, Rajasthan
                                                                 ----Respondents


For Petitioner(s)         :     Ms. Palak Verma for Mr. Tanveer
                                Ahamd
For Respondent(s)         :



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                          Judgment / Order

28/03/2024




                     (Downloaded on 04/04/2024 at 08:42:38 PM)
 [2024:RJ-JP:15214]                        (2 of 4)                           [CW-2947/2021]



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

[2024:RJ-JP:15214] (3 of 4) [CW-2947/2021]

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).

[2024:RJ-JP:15214] (4 of 4) [CW-2947/2021]

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 /334

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