Rajasthan High Court
Mohan Swaroop Saraswat S/O Shri Bhikki ... vs Rajasthan Rajya Vidyut Utpadan Nigam ... on 2 April, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:15473]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4698/2024
1. Mohan Swaroop Saraswat S/o Shri Bhikki Lal Sharma,
Aged About 62 Years, R/o B-30, Riddhi Siddhi Nagar,
Kunhadi, Kota, Rajasthan.
2. Sanjeev Kumar S/o Shri G.k. Varshney, Aged About 62
Years, R/o B-001, 1327/5, Patel Nagar, Sector- 15, Part-
2, Kamala International School, Gurgaon, Haryana.
3. Shiv Kumar Sharma S/o Late Shri Suresh Chandra
Sharma, Aged About 63 Years, R/o 16/197, Chopasani
Housing Board, Jodhpur, Rajasthan.
4. Shrawan Lal Malav S/o Shri Kishori Lal Malav, Aged About
63 Years, R/o 277, Bajrang Nagar, Police Line, Kota,
Rajasthan.
5. Prakash Israni S/o Late Shri M.s. Israni, Aged About 64
Years, R/o B-8, 1002, La Marina, Waterlily, Shanti Gram,
Adalaj, Gandhinagar, (Gujarat)
6. Ajit Kamthan S/o Shri Prakash Bhan Kamthan, Aged
About 64 Years, R/o 137, Uit Scheme, Kunhari, Kota,
Rajasthan.
7. Pramod Kumar S/o Shri Bhagawan Das Agarwal, Aged
About 64 Years, R/o 11-A-9, Mahaveer
Nagar(Parijaat),kota, Rajasthan.
8. Dinesh Kumar Bhargava S/o Late Shri Ram Charan
Bhargava, Aged About 64 Years, R/o Lambi Gali,
Bhatapara, Rampura, Kota, Rajasthan.
9. Vinod Kumar Gupta S/o Late Shri Babu Lal Gupta, Aged
About 65 Years, R/o Panchayati Dharmshala, Oli, Tilak
Road, Morena (M.p.)
10. Kamlesh Kumar Chaturvedi S/o Shri Ram Bharose
Chaturvedi, Aged About 65 Years, R/o 3A-17, Housing
Board Colony, Kunhadi, Kota, Rajasthan.
11. Keshav Khatwani S/o Shri Trith Das, Aged About 65
Years, R/o Flat No. A-202, Landmark Crown, Landmark
City, Kunhadi, Kota, Rajasthan.
12. Puran Chand Mittal S/o Shri Badri Lal, Aged About 65
Years, R/o Ved Sadan, 121-Uit Scheme, Kunhadi, Kota,
Rajasthan.
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[2024:RJ-JP:15473] (2 of 4) [CW-4698/2024]
13. Ghanshyam Rathore S/o Late Shri Prithvi Lal Rathore,
Aged About 67 Years, R/o 15, Krishna Vihar, Kunhadi,
Kota, Rajasthan.
14. Ajay Kumar Saini S/o Late Shri N.r.saini, Aged About 68
Years, R/o Flat No. 11157, Blocck 40, Rangoli Gardens
Maharana Pratap Marg, Panchyawala, Jaipur, Rajasthan.
----Petitioners
Versus
1. Rajasthan Rajya Vidyut Utpadan Nigam Limited, Through
Its Director, Vidyut Bhawan, Rajasthan, Jaipur.
2. The Chief Engineer, Kota Super Thermal Pawer Station
Rvunl, Rajasthan, Kota.
3. The Chief Engineer, Chhabra Thermal Pawer Station
Rvunl, Rajasthan, Chhabra.
4. The Chief Engineer, Suratgarh Thermal Pawer Station
Rvunl, Rajasthan, Suratgarh.
5. The Accounts Officer (Pension), Rvunl, Rajasthan, Jaipur.
6. The Accounts Officer (Pension), Kstps, Rvunl, Rajasthan,
Kota.
----Respondents
For Petitioner(s) : Mr. Ashish Nagarwal Ms. Bhumika Alwariya For Respondent(s) : Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE SAMEER JAIN Order 02/04/2024
1. Learned counsel for the petitioners submits that the issue involved in the present matter is no more res integra in view of judgment of Division Bench of this Court in the case of Ramesh Chander Gupta vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 2800/2021; decided on 17.10.2023). It is further submitted that in similar facts and circumstances, the (Downloaded on 19/04/2024 at 09:04:56 PM) [2024:RJ-JP:15473] (3 of 4) [CW-4698/2024] order of the Division Bench has also been followed by Co-ordinate Bench in the case of Ramesh Chand vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 19121/2023; decided on 07.12.2023).
2. Learned counsel for the respondents does not dispute the fact that the issue, as raised in the present writ petition, is similar to Ramesh Chander Gupta (supra). However, it is contended that the petitioners have approached the Court at a belated stage.
3. Heard.
4. The fact that the issue involved is covered by Division Bench of this Court in case of Ramesh Chander Gupta (supra) remains undisputed. The contention that the petitioners have approached the Court with a little delay is of no relevancy in the facts and circumstances as matters of salary and pension have a recurring cause of action, as was held by the Hon'ble Supreme Court in Rushibhai Jagdishbhai Pathak vs. Bhavnagar Municipal Corporation: 2022 (4) SLR 862 (SC).
5. In the case of Ramesh Chander Gupta (supra), Di-vision Bench of this Court inter-alia while referring to orders passed in Union of India & Ors. vs. Manohar Lal & Ors. (D.B. Civil Writ Petition No.5445/2022; decided on 07.08.2023) & the Commissioner, Kendriya Vidyalaya Sangathan & Anr. vs. Ram Karan Bhakar & Ors. (D.B. Civil Writ Petition No.4139/2022) as well as judgment of Hon'ble Supreme Court in the case of The Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors.: 2023 SCC OnlineSC 401 has passed the following directions:-
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[2024:RJ-JP:15473] (4 of 4) [CW-4698/2024] "It is also brought to the notice of this Court that Special Leave Petition (C) No.3420/2023 and Special Leave Petition (C) No.1001/2023 have also been dis- posed off on 19.05.2023. A copy of orders dated 11.04.2023 and 19.05.2023 passed by Hon'ble Supreme Court have also been placed on record.
Therefore, the present petitions are also disposed off on the same terms with direction to the respondents to consider the claim of the petitioners and pass ap- propriate orders and other consequential benefits as per their entitlement. Whatever amount is found payable be also released within a period of one month. Accordingly, the present petitions are dis-posed of."
6. In light of the subsequent developments and the change in legal position, the petitioner shall be at liberty to file a detailed representation before the concerned authority within a period of 10 days, which shall be adjudicated upon by the said authority within a further period of 60 days, after having effectuated compliance with the principles of natural justice and also, the law applicable.
7. In light of the aforesaid, the instant petition is disposed of. Pending applications, if any, stand disposed of.
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