Rajasthan High Court
Sagar Mal Sharma Son Of Shri Gorilal ... vs State Of Rajasthan (2024:Rj-Jp:16968) on 9 April, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:16969]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5636/2024
Omkar Prasad Sharma Son Of Shri Sukha Ram Sharma, Aged
About 74 Years, Resident Of Bansur Road, Gokul Sarovar-Ii, Flat
No. 205, Kotputli, District Kotputli-Behror.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Home, Government Of Rajasthan,
Government Secretariat, Jaipur.
2. Principal Secretary, Department Of Finance, Government
Of Rajasthan, Government Secretariat, Jaipur.
3. Director Prosecution, Department Of Home (Home
Section-X), Government Of Rajasthan, Secretariat, Jaipur.
4. Deputy Director Prosecution, Jaipur Rural, Jaipur.
5. The Director, Pension And Pension Welfare Department,
Government Of Rajasthan, Janpath, Jaipur.
----Respondents
For Petitioner(s) : Mr. Sushila Kalwania For Respondent(s) : Mr. Bhuwnesh Sharma AAG HON'BLE MR. JUSTICE SAMEER JAIN Order 09/04/2024
1. Learned counsel for the petitioner 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 & (Downloaded on 03/05/2024 at 09:15:25 PM) [2024:RJ-JP:16969] (2 of 3) [CW-5636/2024] 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 petitioner has 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 petitioner has 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-(Downloaded on 03/05/2024 at 09:15:25 PM)
[2024:RJ-JP:16969] (3 of 3) [CW-5636/2024] 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.
(SAMEER JAIN),J NEERU /752 (Downloaded on 03/05/2024 at 09:15:25 PM) Powered by TCPDF (www.tcpdf.org)