Disposed

Santosh Kumar Sharma S/O Shri Mohan Lal Sharma v. the State of Rajasthan

Rajasthan HC18 Jan 2024CW/687/2024

Case brief

AI extract

What is this about?

Petitioner sought relief for pension benefits. Court directed him to file a representation before the respondents, who must consider the claim and pass appropriate orders with consequential benefits within two months, following the precedent in Ramesh Chander Gupta.

What did the court decide?

Direction to consider representation and grant benefits within two months.

Santosh Kumar Sharma S/O Shri Mohan Lal… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:2918]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 687/2024

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Santosh Kumar Sharma S/o Shri Mohan Lal Sharma, Aged About 68 Years, R/o Village And Post Sirohi, Distt. Neem Ka Thana (Raj.)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Additional Chief Secretary, Medical And Health Department, Secretariat, Jaipur (Raj.).

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The Director, Medical And Health Department, Secretariat, Directorate, Jaipur(Raj.)

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The Additional Director(Admin), Medical And Health Department, Directorate, Jaipur(Raj.)

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The Chief Medical And Health Officer, Neem Ka Thana, Distt. Neem Ka Thana (Raj.)

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The Block Chief Medical Officer, Srimadhopur, Distt. Neem Ka Thana(Raj.)

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The Director, Directorate Of Pension And Pensioners Welfare, Govt. Of Rajasthan, Jyothi Nagar, Lalkothi, Jaipur, Rajasthan 302015

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----Respondents

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For Petitioner(s) : Mr. Sunil Kumar Samdaria

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Judgment / Order

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18/01/2024

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

[2024:RJ-JP:2918]

[CW-687/2024]

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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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In the event of filing a representation by the petitioner, the respondent/s shall consider the claim of the petitioner and pass an

[2024:RJ-JP:2918]

[CW-687/2024]

(3 of 3)

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/3

Santosh Kumar Sharma S/O Shri Mohan Lal Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Santosh Kumar Sharma S/O Shri Mohan Lal Sharma v. the State of Rajasthan

Case brief

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