Allowed

Kanhaiya Lal Bairwa S/O Ramdev Bairwa v. State of Rajasthan

Rajasthan HC15 May 2024CW/7486/2024

Case brief

AI extract

What is this about?

Single judge allowed the writ petition on liberty to file representation. Directed respondents to consider the claim and pass appropriate order within two months in light of Ramesh Chander Gupta judgment and Supreme Court directions, mooting the issue. Petition disposed with liberty rather than direct interim benefit.

What did the court decide?

Liberty granted to file representation; respondents to consider claim and pass order within two months in light of Ramesh Chander Gupta judgment and Apex Court orders.

Kanhaiya Lal Bairwa S/O Ramdev Bairwa Vs… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:22907]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7486/2024

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Kanhaiya Lal Bairwa S/o Ramdev Bairwa, Aged About 64 Years, R/o Moti Bagh Bada Beda, Tonk, Rajasthan (Retired On 30.06.2020)

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Manju Lata Gupta W/o Vinod Gupta, Aged About 70 Years, R/o E-41 Deendayal Colony, Niwai, Tonk, Rajasthan (Retired On 30.06.2014)

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Government Secretariat, Jaipur.

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State Of Rajasthan, Through Principal Secretary, Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Government Secretariat, Jaipur

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

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Director, Elementary Education Department, Rajasthan Bikaner

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Director, Pension And Pensioners Welfare Department, Rajasthan Jaipur

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Chief Executive Officer, Zila Parishad, Tonk, Rajasthan

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District Education Officer, Elementary Education, Tonk, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Laxmi Kant Malpura For Respondent(s) :

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HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order

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15/05/2024

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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 .

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(2 of 3) [CW-7486/2024]

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[2024:RJ-JP:22907]

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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) .

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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 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

[2024:RJ-JP:22907]

[CW-7486/2024]

(3 of 3)

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).

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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).

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Since the main petition has been disposed of, the stay application and the pending application/s, if any, also stand disposed of.

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(GANESH RAM MEENA),J

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DIVYA SAINI /52

Kanhaiya Lal Bairwa S/O Ramdev Bairwa v. State of Rajasthan

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Kanhaiya Lal Bairwa S/O Ramdev Bairwa v. State of Rajasthan

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