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Chhigan Lal Rose S/O Ladu Ram Rose vs The State Of Rajasthan ...
2024 Latest Caselaw 3481 Raj/2

Citation : 2024 Latest Caselaw 3481 Raj/2
Judgement Date : 3 May, 2024

Rajasthan High Court

Chhigan Lal Rose S/O Ladu Ram Rose vs The State Of Rajasthan ... on 3 May, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:20903]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 6692/2024

1.       Chhigan Lal Rose S/o Ladu Ram Rose, Aged About 61
         Years, R/o B-93, Jamanapuri, Murlipura Scheme, Jaipur
         Rajasthan.
2.       Babu Lal Samota S/o Jhunta Ram, Aged About 61 Years,
         R/o Vpo Nangal Purohitan Via Harmada, Jaipur Rajasthan.
3.       Mahesh Kumar Sharma S/o Mohan Lal Sharma, Aged
         About 61 Years, R/o 83, Subhash Colony Shastri Nagar
         Jaipur, Rajasthan.
4.       Deen Dayal Saini S/o Mool Chand Saini, Aged About 66
         Years, R/o 1, B 59, Shiv Shakti Colony Shastri Nagar
         Jaipur Rajasthan.
5.       Krishan Avtar Sharma S/o Ghashi Ram Tiwari, Aged
         About 63 Years, R/o Vpo Nathawala Via Shahpura District
         Jaipur Rural Rajasthan.
6.       Babu Lal Saini S/o Shivji Ram Saini, Aged About 63 Years,
         R/o Dhani Tibawali Vpo Amarsar District Jaipur Rural,
         Rajasthan.
7.       Mangal Chand Jat S/o Nathu Ram Jat, Aged About 61
         Years, R/o Vpo Nayabas Via Samod District Jaipur Rural
         Rajasthan.
8.       Vishvanath Sharma S/o Murari Lal Sharma, Aged About
         64 Years, R/o Vpo Divrala Tehsil Shrimadhopur District
         Neem Ka Thana. Rajasthan.
                                                                          ----Petitioners
                                         Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Department          Of    School       Education,            Govt.   Secretariat,
         Rajasthan, Jaipur.
2.       State Of Rajasthan, Through Its Principal Secretary,
         Finance Department, Secretariat, Rajasthan, Jaipur.
3.       State       Of     Rajasthan,          Through         Principal       Secretary
         Department           Of      Personnel,           Govt.        Of     Rajasthan,
         Secretariat, Jaipur.
4.       The Director, Secondary Education, Rajasthan, Bikaner.
5.       The Director, Elementary Education, Rajasthan, Bikaner.


                          (Downloaded on 17/05/2024 at 09:28:52 PM)
 [2024:RJ-JP:20903]                        (2 of 4)                             [CW-6692/2024]


6.       The Joint Director, School Education, Churu Division,
         Churu.
7.       The    District      Education         Officer,      Secondary           Education
         (Headquarter), Sikar
8.       The    District      Education         Officer,      Secondary           Education
         (Headquarter), Jaipur.
9.       The    District      Education         Officer,      Secondary           Education
         (Headquarter), Jaipur Rural.
10.      The District Education Officer, Elementary Education
         (Headquarter), Sikar
11.      The     Director,         Treasury       And      Accounts           Department,
         Rajasthan, Jaipur.
12.      The Director, Department Of Pension And Pensioners
         Welfare, Rajasthan, Jaipur.
                                                                           ----Respondents


For Petitioner(s)              :     Mr. Daya Ram Bhaskar for
                                     Mr. Sandeep Kalwania
For Respondent(s)              :



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                               Judgment / Order

03/05/2024

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

[2024:RJ-JP:20903] (3 of 4) [CW-6692/2024]

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 petitioner 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

[2024:RJ-JP:20903] (4 of 4) [CW-6692/2024]

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 /18

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