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Rajasthan High Court - Jaipur

Hari Kishan S/O Shri Prem Chand ... vs State Of Rajasthan on 22 February, 2022

Author: Ashok Kumar Gaur

Bench: Ashok Kumar Gaur

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Review Petition (Writ) No. 22/2019

Deep Chand Gupta S/o Shri Bala Bux Gupta, R/o 254, Basant
Vihar, Scheme No. 3, Alwar.
                                                                     ----Petitioner
                                    Versus
1.     State    Of   Rajasthan,         Through         The      Additional   Chief
       Secretary, Department Of Higher Education, Govt. Of Raj.
       Secretariat, Jaipur.
2.     The Commissioner, College Education, Dr. Radha Krishnan
       Shiksha Sankul, J.l.n. Marg,jaipur.
                                                                 ----Respondents

Connected With S.B. Review Petition (Writ) No. 23/2019 Hari Kishan S/o Shri Prem Chand Ramchandani, R/o Badmencho Ka Mohalla, Dhan Mandi, Kishangarh, District Ajmer.

----Petitioner Versus

1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Higher Education, Govt. Of Raj., Secretariat, Jaipur.

2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J.l.n. Marg, Jaipur.

----Respondents S.B. Review Petition (Writ) No. 24/2019 Sunita Gupta W/o Dr. Pradeep Kumar Gupta, Aged About 59 Years, R/o 26, Sainik Basti, Nagaur, At Present R/o C/o Dr. Ashok Gupta, 201, Golden Oak Apartment, Devi Marg, Banipark, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Higher Education, Govt. Of Raj., Secretariat, Jaipur

2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J.l.n. Marg,jaipur.

                                                                 ----Respondents


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S.B. Review Petition (Writ) No. 25/2019 Dr. Rameshwar Lal Saini S/o Shri Sadhu Ram Saini, Aged About 61 Years, R/o Ramleela Maidan, Neem Ka Thana, Distt. Sikar, At Present Retired As Lecturer (Sociology) In S.n.k.p. Govt. College, Neem Ka Thana, Distt. Sikar

----Petitioner Versus

1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Higher Education, Govt. Of Raj, Secretariat, Jaipur.

2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J. L. N. Marg, Jaipur.

----Respondents S.B. Review Petition (Writ) No. 26/2019 Brij Lal Sharma S/o Shri N. R. Sharma, R/o Plot No. 16, Flat No. T1, Panchawati Residency, Paramhans Colony, Murliopura Police Station Road, Near Shri Balaji Group, Jaipur

----Petitioner Versus

1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Higher Education, Govt. Of Raj. Secretariat, Jaipur.

2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J.l.n. Marg, Jaipur.

----Respondents S.B. Review Petition (Writ) No. 27/2019 Dr.bhagirath Mal Bijarania S/o Shri Arjun Ram, Aged About 59 Years, R/o Village And Post Kanwarpura, Sikar, Presently Working On The Post Of Lecturer (Abst) At S. K. Govt. P. G. College, Sikar.

----Petitioner Versus

1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Higher Education, Govt. Of Secretariat, Jaipur.

2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J.l.n. Marg, Jaipur.

                                                                   ----Respondents

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For Petitioner(s)           :    Dr. Vibhuti Bhushan Sharma,
                                 Additional Advocate General
For Respondent(s)           :    Mr. Lokendra Singh Shekhawat, Adv.



HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 22/02/2022 As per office report, all these review petitions have been filed with certain delay before this Court. Learned counsel for the review petitioner has filed applications for condonation of delay in all the review petitions.

For the reasons mentioned therein, applications for condonation of delay stand allowed.

Heard on merits.

These review petitions filed by the review petitioners are being decided by this Court common order as the controversy involved in the present review petitions is same.

The review petitioner-State has filed these review petitions for recalling of the order passed by this Court, whereby direction was given to consider cases of the writ petitioners with effect from the date, they became entitled after reckoning temporary period of service and by ignoring satisfactory remarks in APAR as adverse.

Learned Additional Advocate General fairly submitted before this Court that the State-employer had preferred D.B. Special Appeal Writ No.339/2020 (The State of Rajasthan & Anr.

Vs. Smt. Usha Agarwal) and two other connected appeals and the Division Bench of this Court has upheld the order passed by this Court.

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(4 of 4) [WRW-22/2019] Learned Additional Advocate General further submitted that in view of the dismissal of the appeal by the Division Bench, the other review petitions filed S.B. Review Petition (Writ) No.260/2019 (The State of Rajasthan & Ors. Vs. Dr. Sushma Kashyap) and other connected review petitions before this Court on the similar issue, however the same have also been dismissed by this Court on 03.08.2021.

Learned counsel for the respondents Mr. Lokendra Singh Shekhawat submitted that now the judgment passed by this Court has attained finality and as such the State which had filed the Special Appeal in similar case i.e. The State of Rajasthan & Anr.

Vs. Smt. Usha Agarwal (supra) has already been decided.

This Court, finds that in view of the decision rendered by the Division Bench the review petitions filed by the review petitioners cannot be entertained by this Court and the order of this Court has already been upheld and as such review petitions are being devoid of merits and the same are accordingly dismissed.

All pending applications, if any, stand disposed of.

A copy of this order be separately placed in each petition.

(ASHOK KUMAR GAUR),J Karan/Ramesh Vaishnav/34-39 (Downloaded on 24/12/2022 at 01:52:40 PM) Powered by TCPDF (www.tcpdf.org)