Laxmi Bajat (L.H.V) vs The State Of Rajasthan
2021 Latest Caselaw 18144 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 16653/2021

1. Laxmi Bajat (L.h.v) W/o Laluram, Aged About 53 Years, R/o 139 Sangam Nagar, Shobhagpura, Near Roop Nagar, Udaipur, Rajasthan Presently Posted At P.h.c Bedla, Block Badagaon, Dist Udaipur.

2. Annamma Varghese (Anm) D/o P.t Varghese, Aged About

Udaipur, Rajasthan Presently Posted At Sub Center Gundali, Block Gogunda, Dist. Udaipur.

3. Annu Daniel (Anm) D/o P.g Daniel, Aged About 53 Years, R/o H. No. 2/254 Meera Nagar, Bhuwana Udaipur, Rajasthan Presently Posted At Sub Center Bhadhvi Guda, Block Gogunda, Dist. Udaipur.

4. Bindu K.s (Anm) W/o K X Steephan, Aged About 49 Years, R/o H. No. 1/7, Ashirwad Nagar, Bhuwana Udaipur, Rajasthan Presently Posted At Sub Center Brahmano Ka Kalwana, Block Gogunda, Dist. Udaipur.

5. Hemlata Sharma (Anm) W/o Mohan Lal Sharma, Aged About 33 Years, R/o H.no. 357, Police Chowki Road, Near Govt School, Badagaon, Udaipur, Rajasthan Presently Posted At Sub Center Chaali, Block Gogunda, Dist. Udaipur.

6. Lali Kumari Tanwar (Anm) W/o Devisingh Tanwar, Aged About 45 Years, R/o H. No. 7, Kottariyon Ki Gali, Jagdish Chowk, Udaipur, Rajasthan Presently Posted At Sub Center Majawat, Block Gogunda, Dist. Udaipur.

7. Lalita Jain (Anm) W/o Raju Jain, Aged About 46 Years, R/ o H. No. 26, Dhabaji Ki Gali, Udaipur, Rajasthan Presently Posted At Sub Center Modi, Block Gogunda, Dist. Udaipur.

8. Laxmi Barber (Anm) W/o Prabhu Lal, Aged About 51 Years, R/o Amar Nagar, Mallathalai, Udaipur, Rajasthan Presently Posted At Sub Center Sevediya, Block Gogunda, Dist. Udaipur.

9. Lizy George (Lhv) D/o Varghese George, Aged About 54 Years, R/o H. No. 13, Shiv Colony, Near Kalkamata Road, Pahada, Udaipur, Rajasthan Presently Posted At Block Gogunda, Dist. Udaipur.

10. Madhu Nagda (Anm) W/o Mohan Nagda, Aged About 45

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Years, R/o H. No. 251, Avarimata Colony, Central Area, Udaipur, Rajasthan Presently Posted At Sub Center Ravaliya Khurd, Block Gogunda, Dist. Udaipur.

11. Manjula Kalal (Anm) W/o Bhogilal Kalal, Aged About 35 Years, R/o H. No. 1, Bhomtawara, Tehsil Kherwara, Udaipur, Rajasthan Presently Posted At Chc Gogunda, Dist. Udaipur.

12. Santosh Kumari (Anm) W/o Jhandu Ram, Aged About 45 Years, R/o Village Gorir, P.o. Gorir, Tehsil Khetri, Dist. Jhunjhunu, Rajasthan Presently Posted At Sub Center Jemali, Block Gogunda, Dist. Udaipur.

13. Seema Dasthor (Anm) W/o Ramchandraji Durgawat, Aged About 50 Years, R/o 163, C-Block, Hiranmagiri, Sector- 14, Udaipur, Rajasthan Presently Posted At Sub Center Semad, Block Gogunda, Dist. Udaipur.

14. Shanta Sharma (Lhv) W/o Vishnu Dutt Sharma, Aged About 59 Years, R/o H. No. 48-B, Lakhawali Road, Opp. Bhanwar Vatika, Bedla, Udaipur, Rajasthan Presently Posted At P.h.c Padawali, Block Gogunda, Dist. Udaipur.

15. Shobhagwati (Lhv) W/o Jaijeevan, Aged About 59 Years, R/o Gangore Ghatt, Jagdish Ch, Badhuji Ka Darvaja, Udaipur, Rajasthan Presently Posted At P.h.c Bhanpura, Block Gogunda, Dist. Udaipur.

16. Sudharma .b (Lhv) W/o R. Bhaskaran, Aged About 58 Years, R/o Mathaji Road, Bedla, Udaipur, Rajasthan Presently Posted At P.h.c Sayara, Block Gogunda, Dist. Udaipur.

17. Sumitra Mahatma (Anm) W/o Ambalal Mahatma, Aged About 53 Years, R/o S/c Chatiyakhedi, Block Gogunda, Dist. Udaipur, Rajasthan Presently Posted At S/c Chatiyakhedi, Block Gogunda, Dist. Udaipur.

18. Manju Meena (A.n.m) W/o Ajay Pargi, Aged About 40 Years, R/o Plot No. 45, Arpit Colony, Badi Badagaon, Udaipur, Rajasthan Presently Posted At S/c Dulawatom Ka Guda, Block Badagaon, P.h.c Bhootala, Dist. Udaipur.

19. Nirma Roat (A.n.m) W/o Lal Shankar, Aged About 45 Years, R/o H. No. 959, Devali, New Colony Nimachkeda, Udaipur, Rajasthan Presently Posted At S/c Kadiya, Block Badagaon P.h.c Bhootala, Dist. Udaipur.

20. Pawan Kunwar (A.n.m) W/o Mohan Singh, Aged About 39

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Years, R/o Gaon Bedi Leo Ka Guda (Notra) Near By T.b. Hospital, Udaipur, Rajasthan Presently Posted At S/c Iswal, Block Badagaon P.h.c Bhootala, Dist. Udaipur.

21. Sharda Kumari (A.n.m) W/o Kishan Lal, Aged About 48 Years, R/o 38 D Otc Scheme, Gandhi Nagar, Kachi Basti, Mulia Talai, Behind Mangiri School, Girwa, Udaipur, Rajasthan Presently Posted At S/c Kasaniyavat, Block Badagaon P.h.c Bhootala, Dist. Udaipur.

22. Alice Kutty (L.h.v) W/o Chandy Thomas, Aged About 54 Years, R/o House No. 14 A, Road No. 4, Mayank Colony, Near Gregorius School, New Ashok Vihar, Udaipur, Rajasthan Presently Posted At P.h.c Kailashpuri, Block Badagaon Dist. Udaipur.

23. Amba Kumari (A.n.m) W/o Laxmilal, Aged About 50 Years, R/o New Pratap Colony, Bedagaon, Udaipur, Rajasthan Presently Posted At P.h.c Losing Block Badagaon, Dist. Udaipur.

24. Anita Sen (A.n.m) W/o Prabhaker Sen, Aged About 46 Years, R/o House No. 272, C Block, Govardhan Vilas, Udaipur, Rajasthan Presently Posted At S/c Chikalwas, Block Badagaon, Dist. Udaipur.

25. Babita Sharma (A.n.m) W/o Mangthuram, Aged About 48 Years, R/o House No. 88, Dhauji Ki Babadi, Bedwas, Udaipur, Rajasthan Presently Posted At P.h.c Dhar, Block Badagaon, Dist. Udaipur.

26. Damyanti Sen (A.n.m) W/o Inderlal Sen, Aged About 51 Years, R/o 72-B, New Adarsh Nagar, Udaipur, Rajasthan Presently Posted At S/c Kadmal, Block Badagaon, Dist Udaipur.

27. Harbans Kaur (A.n.m) W/o Gurpal Singh, Aged About 52 Years, R/o 16-D, Nakada Nagar, Pratapnagar, Udaipur, Rajasthan Presently Posted At S/c Thoor, Block Badagaon, P.h.c Bhootala, Dist Udaipur.

28. Justina David (A.n.m) W/o David, Aged About 55 Years, R/o Bedla, Udaipur, Rajasthan Presently Posted At S/c Rama, Block Badagaon, P.h.c Bhootala, Dist Udaipur.

29. Namrata Nagori (A.n.m) W/o Panalal Nagori, Aged About 53 Years, R/o Main Bazaar, Near Bus Stand, Gaon Nayi, Tehsil Girwa, Dist. Udaipur, Rajasthan Presently Posted At S/c Madar, Block Badagaon, P.h.c Bhootala, Dist Udaipur.

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30. Rajkumari Rajput (A.n.m) W/o Dharmednra Singh, Aged About 42 Years, R/o House No. 333, Chintamani Marg, Rao Ji Ka Hara, Udaipur, Rajasthan Presently Posted At P.h.c Vati, Block Badagaon, Dist Udaipur.

31. Ratan Meena (L.h.v) W/o Kalu Ram Meena, Aged About 53 Years, R/o H. No. 223 E, Chitrakoot Nagar, Bhuwana, Udaipur, Rajasthan Presently Posted At P.h.c Losing, Block Badagaon, Dist Udaipur.

32. Sushila M.v. (L.h.v) W/o Raveendran, Aged About 57 Years, R/o Gandhinagar, Near New R.t.o. Udaipur, Rajasthan Presently Posted At P.h.c Vati, Block Badagaon, Dist Udaipur.

33. Suvarna P.s (L.h.v) W/o Shajimon M.s, Aged About 56 Years, R/o Sector-9, Hiran Magiri, Udaipur, Rajasthan Presently Posted At C.h.c Badgaon, Block Badagaon, Dist Udaipur.

34. Varsha Upadhyay (L.h.v) W/o Sunil Sharma, Aged About 36 Years, R/o H. No. 70, Arihant Nagar, Kalka Mata Road, Pahada, Udaipur, Rajasthan Presently Posted At P.h.c Kailashpuri, Block Badagaon, Dist. Udaipur.

35. Anita Bhoi (A.n.m) W/o Jitender Kumar, Aged About 43 Years, R/o H. No. 63, 100 Ft Road, Mallathalai, Near Dudiya Ganeshji Mandir, Udaipur, Rajasthan Presently Posted At P.h.c Bedi, Block Badagaon, Dist. Udaipur.

36. Gayatri Sharma (A.n.m) W/o Bal Krishna Ameta, Aged About 45 Years, R/o H. No. 230, Near Charbhuja Mandir, Ganesh Nagar, Pahada, Udaipur, Rajasthan Presently Posted At S/c Kavita, P.h.c Bedi, Block Badagaon, Dist. Udaipur.

37. Indra Ameta (A.n.m) W/o Dinesh Chand Ameta, Aged About 53 Years, R/o 179 Gadmagri, Shobhagpura, Udaipur, Rajasthan Presently Posted At P.h.c Bedi, Block Badagaon, Dist. Udaipur.

38. Pooja Goswami (A.n.m) W/o Nagendera Nath, Aged About 46 Years, R/o House No. 7, Shiv Colony, Near By Police Station, Manoharpura Road, Badagaon, Udaipur, Rajasthan Presently Posted At S/c Loyra, Block Badagaon, Dist. Udaipur.

39. Radha Kumari Sen (L.h.v) W/o Raghu Nath Sen, Aged About 56 Years, R/o House No. 117, 118, Shobhagh Pura, Udaipur, Rajasthan Presently Posted At P.h.c Bedi, Block

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Badagaon, Dist. Udaipur.

40. Anie K. Mathew (L.h.v) D/o Mathew, Aged About 54 Years, R/o A-3 Ashirwad Nagar, Roop Sagar Road, Near Anushree Vatika, Udaipur, Rajasthan Presently Posted U.p.h.c. Chitrakoot Nagar, Fathepura, Dist. Udaipur.

41. Anjana Sharma (A.n.m) W/o Late Ramesh Sharma, Aged About 59 Years, R/o 844 Madhav Colony, Opposite Kalkamata Road, Udaipur, Rajasthan Presently Posted At U.p.h.c Pratap Nagar, Udaipur.

42. Bhanu Verma (L.h.v.) W/o Ramesh Parihar, Aged About 52 Years, R/o 208, Vivek Nagar, Niran Mangri Sector 3, Udaipur, Rajasthan Presently Posted P.h.c Babhrana, Block Salumber (Uphc Sector 14 Goverdhan Villas) Dist. Udaipur.

43. Kamla Chauhan (A.n.m) W/o P.s. Chauhan, Aged About 59 Years, R/o Near Masjid, Kalkamata Road, Pahada, Udaipur, Rajasthan Presently Posted At U.p.h.c Jagdish Chowk (Chitrakoot Nagar) Dist. Udaipur.

44. Maina Panchal (A.n.m) W/o Babulal, Aged About 50 Years, R/o 168, Double Story, Near A.r. Complex Sector 14, Udaipur, Rajasthan Presently Posted At Urban Revamping Scheme (Sector 14, Goverdhan Villas) Dist. Udaipur.

45. Manju Dom (A.n.m) W/o Shri Jagdish Chandra Verma, Aged About 58 Years, R/o 51 Samata Nagar, Opposite Sukhdevi Appartment Bedla, Udaipur, Rajasthan Presently Posted At Urban Revamping Scheme (C.h.c Bhuwana) Dist. Udaipur.

46. Mariyamma Jacob (L.h.v) W/o Shaju, Aged About 56 Years, R/o 134, C-Block, Sector 9, Savina, Udaipur, Rajasthan Presently Posted Urban Revamping Scheme, Badagaon, Dist. Udaipur.

47. Mohan Kumari (A.n.m) W/o Bherulal, Aged About 56 Years, R/o 21 Adarsh Chowk, Dimmer Bhoiwada, Udaipur, Rajasthan Presently Posted At U.p.h.c. Sector 14, Goverdhan Villas, Dist. Udaipur.

48. Sumitra Jain (A.n.m) W/o Suresh Jain, Aged About 51 Years, R/o 3/182, Housing Board Sector 14, Goverdhan Villas, Udaipur, Rajasthan Presently Posted At P.h.c U.p.h.c. Krishi Mandi, Dist. Udaipur.

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49. Bhawana Sharma (A.n.m) W/o Shyam Singh Kanawat, Aged About 43 Years, R/o Ganpati Vihar, Badanokha, Udaipur, Rajasthan Presently Posted At P.h.c. Palodada, Jhadol, Block Sarada, Dist. Udaipur.

50. Jainamma (L.h.v) D/o Mathew, Aged About 59 Years, R/o Meera Nagar, Udaipur, Tehsil Sarada, Udaipur, Rajasthan Presently Posted At P.h.c. Jawat (Jh Sa), Jhadol, Block Sarada, Dist. Udaipur.

51. Jayshree (A.n.m) W/o Purushotam, Aged About 58 Years, R/o 1007, Ramnagar, Zawar Mines, Udaipur, Rajasthan Presently Posted At S/c Singattuvada, Jhadol, Block Sarada, Dist. Udaipur.

52. Kamala Parmar (A.n.m) W/o Someshwar, Aged About 54 Years, R/o Delana, Tehsil Rishabdev, Udaipur, Rajasthan Presently Posted At Block Sarada (Jh-Sa), Dist. Udaipur.

53. Lajha Kumari (A.n.m) W/o Late Bhawar Lal, Aged About 56 Years, R/o 3 Shree Sai Sagar Villa, Titradi, Panchayat Titri, Udaipur, Rajasthan Presently Posted At S/c Padla, Jhadol, Block Sarada, Dist. Udaipur.

54. Lali Kumari (L.h.v) W/o Amraji, Aged About 60 Years, R/o Main Po Sarada, Tehsil Sarada, Udaipur, Rajasthan Presently Posted At Badgaun (Sarada), Jhadol, Block Sarada, Dist. Udaipur.

55. Lalita (A.n.m) W/o Prabhuram, Aged About 52 Years, R/o Main Po Sarada, Tehsil Sarada, Udaipur, Rajasthan Presently Posted P.h.c At Palodada, Jhadol, Block Sarada, Dist. Udaipur.

56. Leela Parmar (L.h.v) W/o Dheera, Aged About 52 Years, R/o Main Po Rishabdev, Tehsil Rishabdev, Udaipur, Rajasthan Presently Posted At Block Sarada, Jhadol, Dist. Udaipur.

57. Liji.p. Mathew (A.n.m) D/o P. Mathew, Aged About 53 Years, R/o House No. 210, Hirenmangeri Sector-14, Sahara Complex, Udaipur, Rajasthan Presently Posted At P.h.c. Devpura, Jhadol, Block Sarada, Dist. Udaipur.

58. Madhu Bala Bhatt (A.n.m) W/o Chandra Shekhar, Aged About 50 Years, R/o House No. 475, Savina Sector-9, C- Block, Udaipur, Rajasthan Presently Posted At Battuka, Jhadol, Block Sarada, Dist. Udaipur.

59. Munni Meena (A.n.m) W/o Late Jegga Ji, Aged About 29

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Years, R/o Main P.o. Jawar Mines, Tehsil Sarada, Udaipur, Rajasthan Presently Posted Jhadol, Block Sarada, Dist. Udaipur.

60. Nidhi Damore (A.n.m) D/o Late Hariprakash Mena, Aged About 53 Years, R/o Mukan Odhawas, P.o. Masora Ki Obari, Tehsil Rishabdev, Udaipur, Rajasthan Presently Posted At P.h.c. Devpura, Jhadol, Block Sarada, Dist. Udaipur.

61. Pushpa Meena (A.n.m) W/o Mukesh, Aged About 54 Years, R/o Main P.o Rishabdev, Tehsil Rishabdev, Udaipur, Rajasthan Presently Posted At Block Sarada, Dist. Udaipur.

62. Radha Limbat (A.n.m) D/o Late Chatar Singh, Aged About 46 Years, R/o Main Po Patiya, Via Chhaya, Tehsil Kherwara, Udaipur, Rajasthan Presently Posted At P.h.c. Devpura, Jhadol, Block Sarada, Dist. Udaipur.

63. Rekha Meena (A.n.m) W/o Gautam Lal Meena, Aged About 46 Years, R/o House No. 134, Bahubal Vihar, Near By Jain Mandir, Roknaka, Dakan, Udaipur, Rajasthan Presently Posted At P.h.c. Palodada, Jhadol, Block Sarada, Dist. Udaipur.

64. Saroj Damar (A.n.m) W/o Dhularam Bhagora, Aged About 50 Years, R/o House No. 348, Block-C, Zinc Colony Sector-9, Savina, Udaipur, Rajasthan Presently Posted At S/c Ghamadi, Jhadol, Block Sarada, Dist. Udaipur.

65. Kanta Ahari (A.n.m) D/o Late Halooji Ahari, Aged About 53 Years, R/o Phala Bileti, Gaon Jhunthari, Jawas, Th. Kherwara, Udaipur, Rajasthan Presently Posted At S/c Dhani Sipur, P.h.c Bedawali, (Jh) Sarada, Dist. Udaipur.

66. Jaya Vyas (A.n.m) W/o Praveen Kumar Joshi, Aged About 55 Years, R/o 18 B, Ambedkar Colony, Near Abhishek Complex, Sector 14, Goverdhan Villas, Udaipur, Rajasthan Presently Posted At S/c Paduna Tidi, Girva, Dist. Udaipur.

67. Jyoti Vyas (A.n.m) W/o Shanti Lal Choubisa, Aged About 51 Years, R/o D-9, R.h.b. Colony, 14, Goverdhan Villas, Hawa Mangri, Udaipur, Rajasthan Presently Posted At S/c Chambora, Devali, Girva, Dist. Udaipur.

----Petitioners Versus

1. The State of Rajasthan, Through The Principal Secretary,

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Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. The Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Secretariat, Jaipur.

3. The Director (Non-Gazetted), Medial And Health, Directorate, Medical And Health Services, Swasthya Bhawan, Tilak Marg, Jaipur.

4. Chief Medical And Health Officer, Udaipur (Raj.).

----Respondents

For Petitioner(s) : Mr. Jerry Varughese For Respondent(s) : Mr. Sandeep Shah, AAG assisted by Mr. Abhimanyu Singh Rathore

HON'BLE THE CHIEF JUSTICE MR.AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

Order

02/12/2021

The petitioners, in the instant writ petition, has challenged

the notification dated 30.10.2017 issued by the Government of

Rajasthan, Finance Department whereby the provision of Rule 6 of

Rajasthan Civil Services (Revised Pay) Rules, 2017 has been

substituted and thereby pay of petitioners has practically been

reduced with retrospective effect and consequentially the recovery

from the petitioners has been ordered by the Government. The

petitioners have prayed to quash the notification dated

30.10.2017 as also the consequential notices of recovery against

the petitioners.

Learned counsel for the petitioners submits that as far as

issues related to legality and validity of the impugned notification

dated 30.10.2017 and the consequential recovery from the

affected employees is concerned, same have been considered in

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bunch of writ petitions, which have been decided by this Court

vide a common judgment and order dated 25.11.2021 passed in

D.B.C.W.P. No.5920/2021 (Santosh Sharma Vs. State of

Rajasthan) and thus the present writ petition may also be

disposed of in terms of the order dated 25.11.2021.

Heard and perused the judgment dated 25.11.2021.

The judgment dated 25.11.2021 has been passed

considering the subsequent facts that the government by its own,

has constituted a committee vide order dated 05.08.2021 and the

committee is going to reconsider the issue of granting of ACP

benefits to the government employees as also about the

amendment made vide notification dated 30.10.2017 impugned

herein, and till then will not recover any amount from the

employees, therefore, the court has disposed of all the petitions

with the following directions:

"Under the circumstances, all these petitions are disposed of with the following directions:-

(i) Let the Government reconsider the entire issue as is stated before us. Final decision preferably may be taken by 28 th February, 2022.

(ii) After the decision is taken by the Government, if any of the grievances of the petitioners survive, it would be open for them to file fresh petitions.

(iii) Till fresh decision is taken, the State Government shall not make any further recovery on the basis of the notification dated 30th October, 2017.

(iv) Recoveries already made from the pensioners would be refunded, subject to final decision of the Government, subject to further challenge.

We are informed that in some of the petitions additional issues have also been raised. None of these issues would get affected by this order. It would be open for the petitioners to file an independent petition, as may be advised subject to all objections of the Government which are kept open."

In view of above, there is no need to pass a separate order

and the present writ petition is also disposed of in terms of the

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order dated 25.11.2021 passed in D.B.C.W.P. No.5920/2021

(Santosh Sharma Vs. State of Rajasthan).

All the pending applications are also disposed of.

                                   (SUDESH BANSAL),J                                          (AKIL KURESHI),CJ


                                    7-AnilKC/-









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