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2025 DAILYLAW 43602 (RAJ)

SUSHIL KUMAR SHARMA S/O SANT KUMAR SHARMA v. THE STATE OF RAJASTHAN

CW/6737/2023 · 2025-12-03

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:49191] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6737/2023 1. Sushil Kumar Sharma S/o Sant Kumar Sharma, Aged About 64 Years, R/o B- 31, Ganesh Colony, Ward No - 13, Vidhaya Vihar, Pilani, District Jhunjhunu (Raj) 2. Hemanti Sharma W/o Shri Shankar Dutt, Aged About 58 Years, R/o D- 12, Sector Ii B, Khetri Nargar District Jhunjhunu (Raj) 3. Naresh Kumari W/o Ravindra Kumar, Aged About 62 Years, R/o B-36, Ganesh Colony, Ward No- 13, Vidhaya Vihar, Pilani, District Jhunjhunu (Raj) 4. Shish Ram S/o Gugan Ram, Aged About 54 Years, R/o Village Hamumatpura, District Jhunjhunu. (Raj) 5. Gouri Shankar Saini S/o Ram Kumar Saini, Aged About 57 Years, R/o Ward No. 32, Mandelia College Road Near Mandelia School Hostel, Pilani, District Jhunjhunu (Raj) 6. Om Prakash Saini S/o Govind Ram Saini, Aged About 53 Years, R/o Ward No. 24, Near Birla Petrol Pump, New Dhani, Pilani, District Jhunjhunu (Raj) 7. Pradeep Kumar Saini S/o Jwala Prasad Saini, Aged About 49 Years, R/o Ward No. 25, Katariya Krishi Farm, Vidhya Vihar, Pilani, District Jhunjhunu (Raj) 8. Ratani Devi W/o Dwarka Prasad, Aged About 56 Years, R/o Ward No. 30, Near Rakesh Academy School, Pilani, District Jhunjhunu (Raj) 9. Sulochana Sharma W/o Satyanaran Sharma, Aged About 52 Years, R/o Ward No. 18, Barasia House, Near Bagat Singh Circle, Pilani, District Jhunjhunu (Raj) ----Petitioners Versus 1. The State Of Rajasthan, Through The Principal Secretary, Department Of Education, Secretariat, Jaipur. (Raj). 2. Director Secondary Education, Bikaner, (Raj). 3. Joint Director, Secondary Education, Churu Division, Churu (Raj.). 4. District Secondary Education Officer, District Jhunjhunu, (Raj). [2025:RJ-JP:49191] (2 of 4) [CW-6737/2023] 5. President, Managing Committee Of Shri Udairam Ji Padiya Vidhya Mandir (Girls Senior Secondary School) Pilani, District Jhunjhunu (Raj.) Through Shri Pradeep Kheruka S/o Bajrang Lal Kheruka, (President)R/o Khankia Zilion B Wing Unit No. 306 Lsb Marg, Next To Kurla Bus Stand, Kurla (West) Mumbai. 6. Treasurer, Managing Committee Of Shri Udairam Ji Padiya Vidhya Mandir (Girls Senior Secondary School) Pilani, District Jhunjhunu (Raj.) Through Shri Prithvi Singh Shekhawat S/o Bhanwar Singh Shekhwat, (Treasurer) Sunaro Wali Gali, Opposite Makharia Haveli, Pilanai, Dist- Jhunjhunu (Raj) 7. Member, Managing Committee Of Shri Udairam Ji Padiya Vidhya Mandir (Girls Senior Secondary School) Pilani, District Jhunjhunu (Raj.) Through Shri Rajendra Prasad Dada S/o Shri Jugal Kishor Dada, (Member) Near Birla Hospital, Pilani, Dist- Jhunjhunu (Raj) ----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Devansh Sharma, Dy.GC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/12/2025 1. Instant writ petition is preferred by petitioners with following prayer: “1. The respondents may kindly be directed to release all service and retainment benefits of petitioners with interest of 95 per annum, in terms of Judgment dated 06.11.2015 passed by Hon'ble High Court in the D.B S.A.W 663/2015 title as State of Rajasthan & Another VERSUS The Management Committee Sh. Bhagwan Das Todi [2025:RJ-JP:49191] (3 of 4) [CW-6737/2023] College. 2. The respondents may kindly be further directed to release Selection scale, Arrear of Dearness allowance, Earned Leave payment etc. and other all benefits based on 5th pay commission, 6th pay commission and 7th pay commission, with arrears of all other consequential benefits with interest, as per 6th commission to the petitioners. and 7th pay. 3. The writ petition filed by the petitioners may kindly be disposed in terms of judgment dated 06.11.2015 passed by Hon'ble High Court in the D.B S.A.W 663/2015 title as State of Rajasthan & Another VERSUS The Management Committee Sh. Bhagwan Das Todi College.” 2. Learned counsel for petitioners while referring and relying upon judgment dated 06.11.2015 in D.B. Special Appeal Writ No.663/2015 titled as State of Rajasthan and Anr. Vs. The Management Committee Sh. Bhagwan Dasi Todi College submits that the controversy and the issue raised herein is already settled by a Division Bench of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition is disposed of in light of State of Rajasthan and [2025:RJ-JP:49191] (4 of 4) [CW-6737/2023] Anr. Vs. The Management Committee Sh. Bhagwan Dasi Todi College (supra) passed by this Court. 4. The petitioners are entitled for same benefits and in same manner, as decided in case of State of Rajasthan and Anr. Vs. The Management Committee (supra). 5. The writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /178