GIRDHARI LAL MALI (SINCE DECEASED) v. SHRI KRISHNA KUNAL
CCP/259/2024 · 2025-02-04
Manindra Mohan Shrivastava, Uma Shanker Vyas
Contempt Petitionbody2025
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[ 2025 DAILYLAW 11272 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 11272 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:4952-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No.259/2024 IN D.B. Special Appeal (Writ) No.663/2015
1. Girdhari Lal Mali (Since Deceased), Through L.Rs- 1/1. Vimla Wife Of Late Shri Girdhari Lal, Aged About 60 Years, Resident Of Ward No. 17, Mandawa, Jhunjhunu, Rajasthan-333704. 1/2. Mahendra Kumar Saini Son Of Late Shri Girdhari Lal Saini, Aged About 41 Years, Resident Of Ward No. 17, Mandawa, Jhunjhunu, Rajasthan-333704. 1/3. Deepika Saini D/o Late Shri Girdhari Lal Saini, Wife Of Shri Vikas Kumar Saini, Resident Of Rampura, Jhunjhunu. 1/4. Pinki Saini D/o Late Shri Girdharilal Saini, Wife Of Shri Satish Kumar Saini, Resident Of Ward No. 9, Kayasthpura, Kayasthpura Bagar, Jhunjhunu, Rajasthan. 1/5. Sarita Devi Wife Of Shri Mukesh Saini, D/o Late Shri Girdhari Lal Saini, Ward No.34, Char Batti Ke Pass, Fatehipur, Sikar. 1/6. Sudha Saini D/o Late Shri Girdharilal Saini, C/o Shri Monu Saini, Resident Of Gaytri Nagar, Jatipura, Ward No. 2, Churu, Distt. Churu. ----Petitioners Versus
1. Shri Krishna Kunal, Principal Secretary Education Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Shri Ashish Modi, Commissioner, Secondary Education Rajeev Gandhi Shiksha Sankul, Jln Marg, Jaipur (Raj.).
3. Shri Shriram Sharma, Secretary, Managing Committee, Shri Snatan Dharam Panchayat Senior Secondary School, Mandawa, Distt. Jhunjhunu(Raj.).
4.
5. Shri Vijay Krishan Dhadhnia, Chairman, Shri Snatan Dharam Panchayat Senior Secondary School Trust Mandawa, Distt. Jhunjhunu present address: Middleton Street, Kolkatta, Through President. State of Rajasthan, through Secretary Education, Govt. Secretariat, Jaipur.
[2025:RJ-JP:4952-DB] (2 of 3) [CCP-259/2024] ----Respondents For Petitioner(s) : Mr. Pradeep Singh, Adv. For Respondent(s) : Mr. B.S. Chhaba, AAG, with Mr. Hardik Singh, Adv. Mr. Sunil Kumar Singodiya, Adv.
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order 04/02/2025
1. Mr. B.S. Chhaba, learned Additional Advocate General enters appearance and takes notice for respondent Nos.1 & 2. He also appears for State.
2. This contempt petition filed by the petitioner is not maintainable as it has been filed alleging wilful disobedience of the
order passed wayback on 06.11.2015. The order passed by this Court was a judgment in rem.
3. The respondents shall consider the case of the petitioner. Instead of issuing notice on contempt, we are inclined to dispose of this petition with a direction that the case of the petitioner shall also be examined in terms of an order dated 01.12.2021 passed by this Court in the case of Shri Banwari Lal Bhukar & Anr. vs. Anoop Khinchi & Ors.-D.B. Civil Contempt Petition No.740/2016 and other connected matters wherein this Court had given detailed directions as below:-
“1. It shall be an obligation on the part of the Commissioner, College Education to immediately release the dues payable to the petitioners as per the directions issued by this Court from time to time and the directions which have already been issued by the Hon’ble Supreme Court on 09.09.2021 in the case of State of Rajasthan Versus Manju Saxena & Ors., Special Leave to Appeal (c) No.13791/2019, wherein, the Hon’ble Supreme Court
[2025:RJ-JP:4952-DB] (3 of 3) [CCP-259/2024] had directed compliance to be made within a period of eight weeks.
2. A brief, but clear order regarding compliance of the order in respect of each of the contempt petitioners will have to be passed by the concerned Directorate within a period of ten weeks from today.
3. The orders in respect of each of the contempt petitioners, which are required to be passed clearly stating compliance of the order, shall be reported directly to the Registry of this Court, which shall be placed before this Court under a separate registered case.
4. With the aforesaid observations and directions, this contempt petition, at this stage, is disposed off, however, with liberty to revive, if any grievance still remains unredressed.”
4. All the authorities including the Secretariat of the Department of College Education as also the private school education officials shall be under an obligation to provide necessary information, if any demanded by Commissionerate of College Education, towards compliance of the order which was passed earlier by this Court and in the case referred to hereinabove.
(UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ F.R. Bohra/Danish/63