Nawal Kishore Sharma Ors. Vs State Education Departmentanr

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[2025:RJ-JP:41801]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 16482/2012

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Nawal Kishore Sharma S/o Late Shri Nathulal Sharma, F- 7, Gandhi Nagar, Jaipur Rajasthan

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Vishnu Prasad Sharma S/o Late Shri Nand Kishore Ji Sharma, 982, Mahaveer Nagar-Ii, Kota, Rajasthan.

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Upendra Sharma S/o Shri Rishikesh Sharma, Bajariya Road, Caste Pada, Dholpur, Rajasthan.

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Surya Narayan Gupta S/o Late Shri Murari Lal Gupta, Diwan Colony, Near Thrid Nasiya Badanpura, Outside Gangapole Gate, Jaipur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan Through Principal Secretary Department Of Education, Language And Library, Rajasthan Secretariat, Jaipur, Rajasthan.

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Director And Dy. Secretary, Languages And Library Department, Shiksha Sankul, Jln Marg, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. Akash Gaur, Dy.G.C. with Mr. K.C. Gupta

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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14/10/2025

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The present writ petition has been filed by the petitioners against the impugned order dated 17.09.2012 passed by Director and Deputy Secretary Department of Language and Library Government of Rajasthan with the following prayer:-

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"(i) by an appropriate writ, order or direction, the impugned action of the respondents in withdrawing the earlier orders dated 23.02.2007, 24.02.2007 & 28.05.2007 vide impugned order dated 17.09.2012, may kindly be declared as illegal.

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(ii) by an appropriate writ, order or direction, the impugned order dated

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17.09.2012 issued by the Director and Deputy Secretary, Language and Library Department be declared as illgal and same may kindly be quashed and set aside by the Hon'ble Court.

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(iii) by an appropriate writ, order or direction, the respondents be directed to consider the petitioner's employees, who had filled in their option forms, to be treated as employees of Department of Language and Library and for all purposes the long period of service continued by the petitioner in the Department of Language and Library and accrued benefits having being given to them by the Department of Language and Library may kindly be continued till the petitioners attain superannuation. (iv) Any order prejudicial to the interest of the petitioners and adversely affecting his rights, may kindly be allowed to be taken on record and may kindly be quashed and set aside by this Hon'ble Court.

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(v) Any other order, which this Hon'ble Court deem just & proper may kindly be passed in favour of the petitioners. (vi) Cost of the writ petition may kindly be awarded in favour of the petitioners."

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Learned counsel for the respondents submits that the impugned order dated 17.09.2012 has already been set aside by the Director and Deputy Secretary, Department of Language & Library Government of Rajasthan vide its order dated 24.01.2013.

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Learned counsel for the petitioners submits that in view of the submission made by learned counsel for the respondents, the instant writ petition has become infructuous and the same may be dismissed as such.

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Accordingly, the instant writ petition is dismissed as having become infructuous.

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However, a liberty is granted to the petitioners to file a fresh one, if need so arises.

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Pending application(s), if any, also stands disposed of.