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2024 Supreme(Raj) 1635

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANINDRA MOHAN SHRIVASTAVA, C.J., GANESH RAM MEENA, J.
Suresh Chand Gupta S/o Shri Babulal – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Civil Writ Petition No. 9182 of 2024, D.B. Civil Writ Petition No. 5171 of 2024, D.B. Civil Writ Petition No. 7345 of 2024, D.B. Civil Writ Petition No. 7741 of 2024, D.B. Civil Writ Petition No. 8605 of 2024, D.B. Civil Writ Petition No. 9094 of 2024, D.B. Civil Writ Petition No. 10575 of 2024, D.B. Civil Writ Petition No. 10979 of 2024, D.B. Civil Writ Petition No. 13209 of 2024, D.B. Civil Writ Petition No. 5889 of 2024, D.B. Civil Writ Petition No. 5943 of 2024, D.B. Civil Writ Petition No. 6254 of 2024, D.B. Civil Writ Petition No. 7785 of 2024, D.B. Civil Writ Petition No. 7867 of 2024, D.B. Civil Writ Petition No. 10552 of 2024, D.B. Civil Writ Petition No. 11121 of 2024, D.B. Civil Writ Petition No. 12410 of 2024, D.B. Civil Writ Petition No. 13183 of 2024, D.B. Civil Writ Petition No. 13822 of 2024, D.B. Civil Writ Petition No. 14218 of 2024, D.B. Civil Writ Petition No. 14512 of 2024, D.B. Civil Writ Petition No. 14960 of 2024,
Decided on : 18-10-2024

Advocates:
Advocate Appeared:
For the Appellant :Mr. Rishabh Khandelwal, Advocate, Mr. Manish Lawaniya, Advocate, Mr. Tanveer Ahamad, Advocate with Mr. Rakesh Dhawan, Advocate, Mr. G.S. Gouttam, Advocate & Mr. R.K. Gouttam, Advocate, Mr. Bhuvnesh Tiwari, Advocate, Mr. Nitesh Kumar Garg, Advocate, Mr. Vijay Pathak, Advocate, Mr. Jaivardhan Singh Shekhawat,, Advocate, Ms. Nitu Bhansali, Advocate on behalf of Mr. Amit Jindal, Advocate, Mr. Kailash Chand Sharma, Advocate
For the Respondent: :Mr. Rajendra Prasad, Advocate General with Ms. Dhriti Laddha, Advocate, Mr. Tanmay Goyal, Advocate & Ms. Harshita Thakral, Advocate Mr. Bhuwnesh Sharma, Additional Advocate General with Mr. Vishnu Dutt Sharma Advocate.

The court affirmed the entitlement of petitioners to service benefits until age 62, clarifying the implications of previous rulings.

Headnote:(A) State of Rajasthan & Ors. Vs. Dr. Mahesh Chandra Sharma - Review Petition dismissed by the Hon’ble Supreme Court on 15.10.2024, clarifying that there is no stay on the High Court judgment. Petitioners entitled to continue with benefits until age 62, if not already attained. (Paras 1, 2, 3)

(B) The State of Rajasthan & Ors. Vs. Pyare Lal Meena & Ors. - Clarification regarding salary payments to petitioners, ordered to be cleared within a week. (Paras 2, 3)

Facts of the case:
The petitioners sought relief based on previous judgments, asserting their entitlement to benefits until age 62. The Supreme Court's orders clarified the status of their claims.

Findings of Court:
Petitioners are entitled to all consequential benefits, including monetary benefits, until age 62.

Issues: The main issue was the entitlement of petitioners to benefits based on age and previous judgments.

Ratio Decidendi: The court reaffirmed that petitioners are entitled to benefits as per earlier rulings, emphasizing the importance of timely salary payments.

Result: Petitions disposed off in favor of petitioners.

ORDER :

1. After the order was passed by this Court earlier on 20.09.2024, new developments have been brought to the notice of this Court, one of them regarding dismissal of the Review Petition by the Hon’ble Supreme Court filed in the case of State of Rajasthan & Ors. Vs. Dr. Mahesh Chandra Sharma on 15.10.2024 as stated at the bar by learned counsel for the petitioners Mr. Rishabh Khandelwal.

2. Learned counsel for the petitioners has also placed before this Court order dated 27.09.2024 passed by the Hon’ble Supreme Court in the case of The State of Rajashtan & Ors. Vs. Pyare Lal Meena & Ors. (Special Leave to Appeal (C) No.10560/2024), wherein, the Hon’ble Supreme Court has clarified that there is no stay on the judgment of the High Court and further that in the event the outstanding towards salary has not been paid, the same shall be cleared within a period of one week.

3. In view of the above developments, we need not keep these petitions pending and same are also finally disposed off in terms of order passed earlier by this Court in the case of Dr. Mahesh Chandra Sharma & Ors. Vs. State of Rajasthan & Ors. and other connected matters (D.B. Civil Writ Petition No.13496/2021), decided on 13.07.2022. The petitioners will be entitled to the same relief as was granted in the aforesaid cases meaning thereby that they are entitled to continue with all consequential benefits including monetary benefits in service upto the age of 62 years, if they have not already attained the age of 62 years. In cases where the petitioners have already attained the age of 62 years, they will be entitled to all the consequential benefits including monetary benefits of salary as if they had continued in service upto the age of 62 years.

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