Allowed

Sadashiv Sharma S/O Shri Braj Bhushan Sharma v. State of Rajasthan

Rajasthan HC14 Dec 2023CW/20102/2023

Case brief

AI extract

What is this about?

This common order disposed of multiple connected writ petitions directed to the High Court of Rajasthan. The Court relied on a prior Division Bench judgment in Ramesh Chander Gupta case and directed respondents to consider petitioners' claims within two months.

What did the court decide?

Directing respondents to consider petitioners' claims and pass appropriate orders within two months in light of the referred Division Bench judgment.

Sadashiv Sharma S/O Shri Braj Bhushan… — Pension and Retirement Benefits | Rajasthan HC (2023)

¶1

[2023:RJ-JP:39580]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 18975/2023

¶4

Ashok Kumar Sharma S/o Shri Radhamohan Sharma, Aged About 66 Years, Resident Of Station Road, Hindaun City, New Jyoti Nagar, Dist Karauli Rajasthan.

¶5

Govind Sahai Sharma S/o Shri Ram Charan Sharma, Aged About 61 Years, R/o Village- Mahu Dalalpur, Teh- Hindaun City, Dist- Karauli Rajasthan-322254

¶6

Shri Laxmi Narayan Sharma S/o Shri Payre Lal, Aged About 69 Years, Resident Of Village- Dotavalia TehsilTodabhim, Dist.- Karauli Rajasthan.

¶7

Prahlad Kumar Sharma S/o Shri Ravati Lal, Aged About 62 Years, Resident Of Agrasen Colony, Mandarara Road, Hindon City, Dist- Karauli- 322230, Rajasthan

¶8

----Petitioners

¶9

Versus

¶10

State Of Rajasthan, Through The Principal Secretary, Secondary Education Department, Government Secretariat, Jaipur.

¶11

The Director, Secondary Education, Bikaner, Rajasthan

¶12

Deputy Director, Secondary Education, Jaipur Division, Jaipur

¶13

District Education Officer, (Head Quarters) Secondary Education, Karauli, Rajasthan

¶14

District Education Officer, Secondary Education, District Dausa, Rajasthan

¶15

----Respondents

¶16

And other similar matters as per Schedule appended

¶17

For Petitioner(s)	:	Ms. Palak Verma for
		Mr. Tanveer Ahamad
		Mr. Vijay Pathak
		Mr. Ashish Nagarwal
		Mr. Ravi Kant Agarwal
		Mr. Sunil Kumar Singodiya
		Mr. Rajesh Gadhwal
		Mr.Vinod Kumar Singhal
		Mr. Jeetendra Kumar Sharma
		Mr. Vinod Kumar Sharma
		Mr. Hanuman Choudhary
		Mr. Bhartesh Joshi
		Mr. K.C. Katara

¶18

[CW-18975/2023]

¶19

[2023:RJ-JP:39580]	Mr. Mr.	(2 of 8) [C Naveen Dhuwan Pradeep Singh
	Mr. Mr.	Pradeep Bochaliya Nagendra Sharma
	Mr. Mr.	Manoj Pareek Amit Jindal
	Ms.	Neetu Bhansali
For Respondent(s)	: Mr.	S.S. Raghav, AAG
	Mr.	Rajesh Mehrishi, AAG
	Mr.	C.L. Saini, AAG
	Dr.	V.B. Sharma, AAG
	Mr.	Ramesh Kumawat, Dy.GC

¶20

HON'BLE MR. JUSTICE GANESH RAM MEENA

¶21

Judgment / Order

¶22

14/12/2023

¶23

Since the controversy involved in all these petitions (schedule appended) is identical, hence, same are being decided by this common order.

¶24

Learned counsels for the parties submit that the issue involved in the present writ petitions have already been set at rest by the Division Bench judgment of this Court in case of Ramesh Chander Gupta vs. State of Rajasthan & Ors. in D.B. Civil Writ Petition No.2800/2021 and other connected matters, decided on 17.10.2023.

¶25

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 as well as judgment of Hon’ble Supreme Court in the case of The Director (Admn. and HR) KPTCL &

(3 of 8)

[2023:RJ-JP:39580]

[CW-18975/2023]

Ors. vs. C.P. Mundinamani & Ors.: 2023 SCC online SC 401

¶30

has passed the following directions:-

¶31

“It is also brought to the notice of this Court that Special Leave Petition (C) No.3420/2023 and Special Leave Petition (C) No.1001/2023 have also been disposed off on 19.05.2023. A copy of 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.”

¶32

Learned AAG appearing for the respondents do not dispute the fact that the issue, as raised in the present writ petitions is

¶33

similar to Ramesh Chander Gupta (supra) .

¶34

In view of the joint statements of the learned counsels for the parties, this Court deems it just and proper to dispose of these writ petitions on the same terms and with directions to the respondents to consider the petitioners’ claim and pass appropriate orders in the light of the Division Bench judgment, as referred to above, within a period of two months.

¶35

Since the main petitions have been disposed of, the stay applications and pending applications, if any, also stand disposed of.

¶36

Registry is directed to place a copy of this order in the connected case files.

(GANESH RAM MEENA),J

DIVYA SAINI /6

(4 of 8)

[2023:RJ-JP:39580]

[CW-18975/2023]

SCHEDULE

S.B. Civil Writ	Petition No.	19547/2023
Dr. Sitaram Kumawat	Versus	----Petitioner
State of Rajasthan S.B. Civil Writ	Petition No.	----Respondent 18353/2023
Hari Narayan Kumawat	Versus	----Petitioner
State of Raj. S.B. Civil Writ	Petition No.	----Respondent 18361/2023
Udai Singh		----Petitioner
	Versus
State of Rajasthan S.B. Civil Writ	Petition No.	----Respondent 18384/2023
Jagdish Prasad Sharma		----Petitioner
	Versus
State of Rajasthan S.B. Civil Writ	Petition No.	----Respondent 18417/2023
Ram Kishore Sharma		----Petitioner
	Versus
State of Rajasthan S.B. Civil Writ	Petition No.	----Respondent 13803/2023
Veena Sharma	Versus	----Petitioner
State Of Rajasthan		----Respondent
S.B. Civil Writ	Petition No.	14969/2023
Hari Kishan Soni

[2023:RJ-JP:39580]

[CW-18975/2023]

(5 of 8)

State of Rajasthan	Versus
S.B. Civil Writ Nagendra Mohan Mishra State of Rajasthan S.B. Civil Writ Shyam Sundar Sharma State of Raj. S.B. Civil Writ Rajendra Singh Yadav	Petition No. Versus Petition No. Versus Petition No. Versus	14045/2023 ----Petitioner ----Respondent 14058/2023 ----Petitioner ----Respondent 19751/2023 ----Petitioner
State of Rajasthan S.B. Civil Writ Ramkishore Khati	Petition No.	----Respondent 19834/2023 ----Petitioner
State of Rajasthan S.B. Civil Writ Munshi Singh	Versus Petition No.	----Respondent 20108/2023 ----Petitioner
	Versus
State of Rajasthan S.B. Civil Writ	Petition No.	----Respondent 20143/2023
Hukam Chand Gupta		----Petitioner
	Versus
State Of Rajasthan		----Respondent
S.B. Civil Writ	Petition No.	18744/2023

¶48

[2023:RJ-JP:39580]	(6 of 8)	[CW-18975/2023]
Lal Singh
		----Petitioner
	Versus
State of Rajasthan
S.B. Civil	Writ Petition No.	----Respondent 19741/2023
Khub Chand
		----Petitioner
	Versus
State of Raj.
S.B. Civil	Writ Petition No.	----Respondent 19833/2023
Nand Kishore Jaga		----Petitioner
	Versus
State of Rajasthan S.B. Civil	Writ Petition No.	----Respondent 19979/2023
Jagdish Prasad Sha	rma	----Petitioner
	Versus
State of Rajasthan
S.B. Civil	Writ Petition No.	----Respondent 20015/2023
Om Prakash Dhawa	lpuriya
		----Petitioner
	Versus
State of Rajasthan
S.B. Civil	Writ Petition No.	----Respondent 20087/2023
Ram Roop
		----Petitioner
	Versus
State Of Rajasthan
		----Respondent
S.B. Civil	Writ Petition No.	20102/2023
Sadashiv Sharma
		----Petitioner