Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:37895] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6719/2006 Viradhi Chand Sharma S/o Shr. Kastoor Chand Sharma aged 55 years, Principal Government Higher Secondary School, Simalia, Distt. Kota ----Petitioner Versus
1. State of Rajasthan through Chief Secretary to the Government of Rajasthan, Secretariat, Jaipur.
2. Secretary (Finance), Government of Rajasthan, Secretariat, jaipur.
3. Director, Secondary Education Rajasthan, Bikaner.
4. District Education Officer (Secondary), Kota. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Devansh Sharma, Dy.G.C HON'BLE MR. JUSTICE ANAND SHARMA
Order 17/09/2025
1. No one is present on behalf of the petitioner.
2. In the writ petition, petitioner has come out with following prayer:
“1. By an appropriate writ order or direction the order of recovery dated 25.07.2006 may kindly be quashed and set aside and respondents may kindly be restrained from making any recovery there to in future.
2. By an appropriate writ order or direction the notification dated August 7, 1998 may kindly be struck down and the pay scale 8000-13500 allowed to the petitioner on the post of Vice Principal may kindly be allowed to be continued.
3. Any other suitable order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
4. Cost of writ petition may kindly be also awarded in favour of the petitioner.“
3.
Learned counsel appearing for the respondents, at the outset, has placed one order dated 17.02.2011 passed by Division
[2025:RJ-JP:37895] (2 of 2) [CW-6719/2006] Bench of this Court in a batch of petitions led by D.B. Civil Review Petition NO. 09705/2010, in which following directions were given:
“After hearing the arguments at length, we condone the delay, if any, in these appeals and review petitions and they are disposed of in terms of the following consent order: (i). That the pay which was drawn by the employees in the capacity of Vice-Principal in the pay scale of 8000-13500 shall be protected as personai pay to them and no recovery of the amount paid to them would be made. The amount, if recovered, shall be refunded. (ii). That the pay of the Principal which was drawn by them on fixation, prior to passing of the impugned order dated 08.08.1998, shall be protected and there shall be no reduction in their salary. Accordingly, with the aforesaid modification in the
order the appeals and the review petitions stand disposed of. There shall be no order as to costs. “
4.
Learned counsel for the respondents submits that since the grievance of the petitioner has already been examined by the Division Bench of this Court, hence, the instant case is already covered by order dated 17.02.2011 passed by Division Bench of this Court in State of Rajasthan & Ors. Vs. Vishambhar Dayal Sharma (supra).
5. In view of above, the instant writ petition is disposed of in the light of order dated 17.02.2011 State of Rajasthan & Ors. Vs. Vishambhar Dayal Sharma (supra) and the relief granted in the aforesaid order shall also be applicable in the case of petitioner.
6. Ordered accordingly.
(ANAND SHARMA),J NEERU/43