Bhagwati Devi Sharma W/O Ramdayal ... vs The State Of Rajasthan ...

Rajasthan High Court

Bhagwati Devi Sharma W/O Ramdayal ... vs The State Of Rajasthan ... on 13 May, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:22449]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 7238/2024

Bhagwati Devi Sharma W/o Ramdayal Sharma, Aged About 62
Years, R/o Imli Mohalla, Village Mandawar, Tehsil Mandawar,
District Dausa, Rajasthan.
                                                                          ----Petitioner
                                         Versus
1.       The State Of Rajasthan, Through Principal Secretary,
         Department Of Energy, Govt. Of Rajasthan, Secretariat,
         Jaipur
2.       State       Of   Rajasthan,          Through         Its     Additional    Chief
         Secretary, Department Of Finance, Govt. Secretariat,
         Rajasthan, Jaipur.
3.       The Deputy Secretary (Pension), Jaipur Vidyut Vidyut
         Vitran Nigam Limited, Jaipur
4.       The Chief Personnel Officer, Jaipur Vidyut Vidyut Vitran
         Nigam Limited, Jaipur.
5.       The     Assistant         Engineer      (O     And     M),     Jaipur     Discom
         Mandawar, District Dausa.
6.       The      Director,        Treasury       And      Accounts       Department,
         Rajasthan, Jaipur.
7.       The Director, Department Of Pension And Pensioners
         Welfare, Rajasthan, Jaipur.
                                                                       ----Respondents

For Petitioner(s)              :     Mr. Aatish Jain
For Respondent(s)              :     Mr. S.S. Naruka, AAG



                 HON'BLE MR. JUSTICE SAMEER JAIN

                                          Order

13/05/2024

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 (Downloaded on 31/05/2024 at 08:52:02 PM) [2024:RJ-JP:22449] (2 of 3) [CW-7238/2024] 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 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. (Downloaded on 31/05/2024 at 08:52:02 PM) [2024:RJ-JP:22449] (3 of 3) [CW-7238/2024] 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 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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