Partly allowed

Smt. Gyaneshwari Sharma, W/O Shri Subhash Chand Sharma v. State of Rajasthan

Rajasthan HC25 Jan 2024CW/1295/2024

Case brief

AI extract

What is this about?

This single-judge division bench, citing the Division Bench judgment in Ramesh Chander Gupta and Supreme Court rulings, stayed the main petition and issued liberty to the petitioner to approach respondents via representation for redressal within specified timelines.

What did the court decide?

Stay of main petition; Liberty granted to file representation to respondents for consideration of claims within two months from receipt.

Smt. Gyaneshwari Sharma, W/O Shri Subhash… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:4306]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1295/2024

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Smt. Gyaneshwari Sharma, W/o Shri Subhash Chand Sharma, Aged About 68 Years, R/o A-35, Indra Nagar, Near Hanuman Temple, Heeradas, Bharatpur District Bharatpur, Retired On 30.06.2015 From The Post Of Principal (Senior Lecturer, D.i.e.t) At District Institution Of Education And Training (D.i.e.t) Bharatpur District Bharatpur Rajasthan

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Smt. Munni Kumari Batar, D/o Shri Narayan Singh, W/o Shri Goljhari Lal, Aged About 67 Years, R/o Near Sarawagi Sati, Ward No. 24, Luharon Ka Mohalla, Fatehpur Shekhawati District Sikar, Retired On 30.06.2016 From The Post Of Teacher Grade-Iii At Government Shrikrishna Secondary School Fatehpur Block Fatehpur District Sikar Rajasthan

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Chhotu Ram, S/o Shri Narayan Ram, Aged About 67 Years, R/o Village And Post Aakwa Via Khudi Badi District Sikar, Retired On 30.06.2016 From The Post Of Teacher Grade-Ii (Senior Teacher) At Government Upper Primary School Dhaka Ki Dhani Bajor Block Piprali District Sikar, Rajasthan

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Banwari Lal Dotasara, S/o Shri Jodha Ram Dotasara, Aged About 68 Years, R/o Village And Post Kashpali Via Balara District Sikar, Retired On 30.06.2015 From The Post Of Teacher Grade-Ii (Senior Teacher) At Government Secondary School Bhojyana Johada Beri Block Piprali District Sikar, Rajasthan

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Mahendra Singh Bhooker, S/o Shri Kasi Ram Bhooker, Aged About 60 Years, R/o Village And Post Sahva, Ward No. 16, Tehsil Taranagar District Churu, Retired On 30.06.2023 From The Post Of Teacher Grade-Ii (Senior Teacher) At Government Senior Secondary School Baniyala Block Taranagar District Churu, Rajasthan

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Rawat Singh Dhaka, S/o Shri Moman Ram Dhaka, Aged About 60 Years, R/o Village And Post Raslana, Tehsil Bhadra District Hanumangarh, Retired On 30.06.2023 From The Post Of Teacher Grade-Iii At Government Senior Secondary School Raslana Block Bhadra District Hanumangarh Rajasthan

(2 of 5)

[2024:RJ-JP:4306]

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Krishan Chander, S/o Shri Gauri Shankar, Aged About 62 Years, R/o Village Sardarpura Bas, Post Gandhi Badi, Tehsil Bhadra District Hanumangarh, Retired On 30.06.2021 From The Post Of Lecturer At Government Senior Secondary School Gandhi Badi 6 Sdr, Block Bhadra District Hanumangarh, Rajasthan

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Hari Singh Beniwal, S/o Shri Jetha Ram Beniwal, Aged About 60 Years, R/o House No. 165, Ward No.7, Village Jatan Post Raslana, Tehsil Bhadra District Hanumangarh, Retired On 30.06.2023 From The Post Of Teacher Grade-Ii (Senior Teacher) At Government Upper Primary School Dhani Araiyan District Hanumangarh Rajasthan

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Kamala Devi, W/o Shri Pyare Lal, Aged About 60 Years, R/o House No. 125, Khinwasar Tehsil Laxmangarh District Sikar, Retired On 30.06.2023 From The Post Of Teacher Grade-Iii At Shaheed Mangu Singh Government Senior Secondary School Panlawa Block Laxmangarh District Sikar Rajasthan

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Om Prakash Kumhar, S/o Shri Hira Lal, Aged About 64 Years, R/o Dholi Sati, Ward No. 34, Fatehpur District Sikar, Retired On 30.06.2019 From The Post Of Senior Assistant At Government Nevtia Girls Secondary School Fatehpur Shekhawati Block Fatehpur District Sikar, Rajasthan

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Sanwar Mal Jangid, S/o Shri Ram Lal Jangid, Aged About 68 Years, R/o Village And Post Aakwa Via Khudi Badi District Sikar, Retired On 30.06.2015 From The Post Of Senior Teacher (Teacher Grade-Ii) At Government Senior Secondary School Aakwa Block Dhodh District Sikar Rajasthan

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Karu Mal Meena, S/o Shri Ram Kishan Meena, Aged About 67 Years, R/o Village Binega, Post Iraniya Tehsil Shrimahaveerji District Karauli, Retired On 30.06.2016 From The Post Of Principal At Government Senior Secondary School Banjari Block Chheepabarod District Baran Rajasthan

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Har Sahay Meena, S/o Shri Meda Ram Meena, Aged About 67 Years, R/o Village And Post Gavanda Meena, Tehsil Hindaun City District Karauli, Retired On 30.06.2016 From The Post Of Principal At Government

(3 of 5)

[2024:RJ-JP:4306]

[CW-1295/2024]

Senior Secondary School Bamuliya Kalan Block Anta District Baran Rajasthan

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Raghuvir Singh, S/o Shri Murli Singh, Aged About 61 Years, R/o Village Tatwai, Post Chainpur, Tehsil Masalpur District Karauli, Retired On 30.06.2022 From The Post Of Lecturer (Commerce) At Government Senior Secondary School Chainpur District Karauli Rajasthan

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----Petitioners

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Versus

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

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Director, Secondary Education, Rajasthan, Bikaner

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Director, Elementary Education, Rajasthan, Bikaner

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Director, Pension Department, Jyoti Nagar, Jaipur

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Principal, District Institution Of Education And Training (D.i.e.t), Bharatpur, Rajasthan

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Chief District Education Officer, Sikar, Rajasthan

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Chief District Education Officer, Churu, Rajasthan

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Chief District Education Officer, Hanumangarh, Rajasthan

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Chief District Education Officer, Baran, Rajasthan

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Chief District Education Officer, Karauli, Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) :

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Judgment / Order

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25/01/2024

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Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by the judgment of Division Bench in the case of Ramesh Chander Gupta Vs. State of Rajasthan and Ors. (D.B. Civil Writ

[2024:RJ-JP:4306]

[CW-1295/2024]

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Petition No. 2800/2021) and other connected matters, decided on 17.10.2023 .

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In these circumstances, learned counsel for the petitioner seeks liberty to approach respondent/s by way of filing a representation for redressal of his grievances in the light of judgment rendered by this court in the case of Ramesh Chander Gupta (supra).

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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:-

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“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.”

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Ordered accordingly.

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[CW-1295/2024]

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In the event of filing a representation by the petitioner, 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). The writ petition stands disposed of.

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The order has been passed on the submissions made by the learned counsel for the petitioner 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 , and only in case the averments made therein are found to be correct, the petitioner be extended the relief as prayed with consequential benefits as ordered in the case of Ramesh Chander Gupta .

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Since the main petition has been disposed of, stay application and all pending application/s, if any, to dispose.

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(GANESH RAM MEENA),J

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Seema/1

Smt. Gyaneshwari Sharma, W/O Shri Subhash Chand Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Gyaneshwari Sharma, W/O Shri Subhash Chand Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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