Surgyani Ram Jat S/O Ganpat Ram Jat vs The State Of Rajasthan ...

Rajasthan High Court

Surgyani Ram Jat S/O Ganpat Ram Jat vs The State Of Rajasthan ... on 8 May, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:21697]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                   S.B. Civil Writ Petition No. 7052/2024

1.       Surgyani Ram Jat S/o Ganpat Ram Jat, Aged About 61
         Years, R/o Ward No. 8, Dhani Kapuriya Wali, Rajpura,
         Bidara, Jaipur (Rajasthan).
2.       Jagdish Prasad Saini S/o Ramgopal Saini, Aged About 62
         Years, R/o Kudi Ki Dhani, Mahalaxmi Takij Ke Samne,
         Ward No. 25, Shahpura, Jaipur.
3.       Ratan Lal Sharma S/o Babu Lal Sharma, Aged About 62
         Years, R/o Jogiyo Ka Bas, Dron Colony, Ward No. 6, Post
         Shahpura, Tehsil Shahpura, District Jaipur.
4.       Ramchandra S/o Leela Ram Saini, Aged About 62 Years,
         R/o Village Khedaki Veerbhan, Dhani Johadi Wali, Tehsil
         Kotputli, Jaipur.
                                                                        ----Petitioners
                                       Versus
1.       The State Of Rajasthan, Through Principal Secretary,
         Finance Department, Secretariat, Rajasthan, Jaipur.
2.       The Director, Department Of Pension And Pensioners
         Welfare, Jyoti Nagar, Lalkothi, Jaipur.
3.       The       Principal    Secretary,          Pwd/       Phed,         Secretariat,
         Rajasthan, Jaipur.
4.       The Chief Engineer, P.w.d., Rajasthan, Jaipur.
5.       The Executive Engineer, P.w.d., District Division Shahpura
         (Jaipur).
6.       The Chief Engineer, Public Health Department, Rajasthan,
         Jaipur.
7.       The    Assistant      Engineer,        P.w.d.,      District    Sub-Division
         Shahpura (Jaipur).
8.       The       Assistant      Engineer,         Engineering          Department,
         Ajitgarh, Sikar. Public Health Sub-Division
9.       The Assistant Ant Engineer, Division Kotputli. P.w.d., Sub-
         Division Kotputli.
10.      The       Executive       Engineer,         Public         Health     Engineer
         Department, Division Neem Ka Thana.
                                                                     ----Respondents

[2024:RJ-JP:21697] (2 of 4) [CW-7052/2024] For Petitioner(s) : Mr. Deepak For Respondent(s) : Mr. Bhuvnesh Sharma, AAG HON'BLE MR. JUSTICE SAMEER JAIN Order 08/05/2024

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).

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 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 (Downloaded on 17/05/2024 at 09:31:55 PM) [2024:RJ-JP:21697] (3 of 4) [CW-7052/2024] 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 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 petitioners 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.

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[2024:RJ-JP:21697] (4 of 4) [CW-7052/2024]

7. In light of the aforesaid, the instant petition is disposed of. Pending applications, if any, stand disposed of.

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