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2023 Supreme(Raj) 1373

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA, J.
Ramesh Chand S/o. Sukhram - Petitioner
Versus
State of Rajasthan, Through Principal Secretary, Department of Education, Govt. of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 19121 of 2023
Decided On : 07-12-2023

Advocates Appeared:
For the Petitioner: Mr. Sudhir Yadav, Mr. Raj Kumar Sharma, Mr. Ram Rakh Sharma.
For the Respondent: Mr. S.S. Raghav, AAG, Mr. Pradeep Kalwania, GC, Mr. Imran Khan, AGC.

The court applied the principle of disposing of petitions with identical controversies based on a previous judgment and directed the respondents to consider the petitioners' claims and pass appropriate orders within a specified period.

Headnote:

Common Order - Identical Controversy - The court decided multiple petitions with identical controversies based on a previous Division Bench judgment and directed the respondents to consider the petitioners' claims and pass appropriate orders within a specified period.

Fact of the Case:

The controversy in multiple petitions was identical and based on a previous Division Bench judgment.

Finding of the Court:

The court decided to dispose of the petitions based on the same terms as the previous judgment and directed the respondents to consider the petitioners' claims and pass appropriate orders within a specified period.

Issues: Identical controversy, applicability of previous judgment, direction to respondents

Ratio Decidendi: The court relied on a previous Division Bench judgment and directed the respondents to consider the petitioners' claims and pass appropriate orders within a specified period.

Final Decision: The court disposed of the petitions on the same terms as the previous judgment and directed the respondents to consider the petitioners' claims and pass appropriate orders within a specified period.

ORDER :

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

2. Learned counsel for the parties submit that the issue involved in the present writ petitions have already been put to 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.

3. 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 & Ors. vs. C.P. Mundinamani & Ors., 2023 SCC Online SC 401 has passed the following directions:-

    “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.”

4. Learned AAG appearing for the respondents does not dispute the fact that the issue, as raised in the present writ petitions is similar to Ramesh Chander Gupta (supra).

5. In view of the joint statement of the learned counsel for the parties, this Court deems it just and proper to dispose of these writ petitions on the same terms and with direction 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.

6. A copy of this order be placed in each connected file.

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