Rajasthan High Court
Nanuram Saini S/O Shri Chauthmal Saini vs The State Of Rajasthan ... on 8 April, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:16858]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5225/2024
1. Nanuram Saini S/o Shri Chauthmal Saini, Aged About 61
Years, R/o Village Nangal Bhim, Tehsil Shrimadhopur,
District Neemkathana Retd. Additional Administrative
Officer, State Insurance And Provident Fund Department
(Raj.)
2. Satish Kumar Sharma S/o Raghuveer Narayan Sharma,
Aged About 62 Years, R/o Opp. 52 Feet Hanuman Mandir,
Saras Enclave, Bagrana, Jaipur Retd. Udc, State
Insurance And Provident Fund Department (Raj.)
3. Amar Singh Gurjar S/o Ramji Lal Gurjar, Aged About 61
Years, R/o House No. 131, Hasanpura-C- Kamla Nehru
Nagar, Railway Station, Jaipur Retd. Assistant
Administrative Officer, State Insurance And Provident
Fund Department (Raj.)
4. Siyaram Meena S/o Mitha Lal Meena, Aged About 64
Years, R/o 454, Vivek Vihar Colony, Sodala, Jaipur Retd.
Assistant Director, State Insurance And Provident Fund
Department (Raj.)
5. Ramgoal Meena S/o Laduram Meena, Aged About 64
Years, R/o Maidin 114, Bsf Road Gunawata Post Lawana,
Via Achrol, Tehsil Amer District Jaipur Retd. Supervisor,
State Insurance And Provident Fund Department(Raj.)
6. Mahesh Chand Sharma S/o Raghuveer Prasad Sharma,
Aged About 63 Years, R/o K-99, Sushant Nagar-I, Kalwar
Road, Machawa, Jaipur Retd. Assistant Administrative
Officer, State Insurance And Provident Fund
Department(Raj.)
7. Om Prakash Sharma S/o Late Rajulal, Aged About 62
Years, R/o 17/249, Brajrajpura, Kota Retd. Assistant
Administrative Officer,state Insurance And Provident Fund
Department (Raj.)
8. Jitendra Kumar Thakor S/o Manik Lal Thakor, Aged About
61 Years, R/o House No. 39, Gate No.1, Rajat Grah
Colony, Bundi Retd. Assistant Administrative Officer, State
Insurance And Provident Fund Department (Raj.)
9. Kanwari Lal Koli S/o Mangi Lal Sakarwal, Aged About 62
Years, R/o Near Inden Gas Godown, Ambedkar Colony,
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[2024:RJ-JP:16858] (2 of 4) [CW-5225/2024]
Tonk, Retd. Assistant Administrative Officer, State
Insurance And Provident Fund Department(Raj.)
----Petitioners
Versus
1. The State Of Rajasthan, Through Principal Secretary,
State Insurance And Provident Fund Department,
Government Of Rajasthan, Secretariat, Jaipur.
2. Principal Secretary, Department Of Finance, Govt. Of
Rajasthan, Jaipur
3. Director, State Insurance And Provident Fund
Department, Rajasthan Jaipur
4. Director, Pension And Pension Welfare Department, Govt.
Of Rajasthan, Jyoti Nagar, Jaipur
----Respondents
For Petitioner(s) : Mr. Sachin Kumar
For Respondent(s) : Mr. Bhuvnesh Sharma, AAG
HON'BLE MR. JUSTICE SAMEER JAIN
Order
08/04/2024
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 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).
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2. Learned counsel for the respondent 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), Division 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:-
"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 (Downloaded on 19/04/2024 at 09:09:23 PM) [2024:RJ-JP:16858] (4 of 4) [CW-5225/2024] 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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