Ammanullha Khan S/O Abdullah Khan vs State Of Rajasthan
2022 Latest Caselaw 1364 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            D.B. Civil Writ Petition No. 14927/2020

1.    Ammanullha Khan S/o Abdullah Khan, Aged About 55
      Years, Resident Of Loha Khan Ajmer
2.    Rajendra Joshi S/o Norat Mal, Aged About 47 Years,
      Resident Of Vaishali Nagar, Ajmer
3.    Yudhisther S/o Boda Ram, Aged About 56 Years, Resident
      Of Paharganj, Ajmer
4.    Mukul Kapoor S/o Triloki Nath Kapur, Aged About 56
      Years, Resident Of Subhash Nagar Ajmer
5.    Rajakumar Bhati S/o Madan Lal Bhati, Aged About 52
      Years, Resident Of Topdara Ajmer
6.    Abdul Aziz S/o Kallu Khan, Aged About 54 Years, Resident
      Of Ander Coat Ajmer
7.    Rajesh Choudhary S/o Satya Narayan Singh, Aged About
      44 Years, Resident Of Kumhar Mohalla Ajmer
8.    Raj Kumari Batheja D/o Harpal Das, Aged About 52 Years,
      Resident Of Ajay Nagar Ajmer
9.    Arun Kumar Apurva S/o Makhanlal Apurva, Aged About
      52 Years, Resident Of Vikas Puri Ajmer
10.   Madhur Mathur S/o Ramesh Chand Mathur, Aged About
      39 Years, Resident Of Pancsheel Housing Board, Ajmer
11.   Shubh Kumar Jain S/o Mahavir Chand Jain, Aged About
      45 Years, Resident Of Panchsheel Ajmer
12.   Ashish Sethi S/o Nawal Kishore Sethi, Aged About 36
      Years, Resident Of 1664 Pragati Nagar, Kotra Ajmer
13.   Sunil Kumar Sharma S/o Inder Chand Sharma, Aged
      About 44 Years, Resident Of Kotra , Ajmer
14.   Rachna Agarwal W/o Manish Agarwal, Aged About 46
      Years, Resident Of 221 Hari Bhau Nagar, Ajmer
15.   Chandra Bhaga W/o Rajeev Gour, Aged About 50 Years,
      Resident Of Hathi Bhata Ajmer
16.   Haresh Ram Chandani S/o Narayan Das, Aged About 58
      Years, Resident Of Ajay Nagar, Ajmer
17.   Ranjeet Singh Hada S/o Radha Kishan Hada, Aged About
      57 Years, Resident Of Indira Colony, Jaipur Road, Ajmer
18.   Yogesh Verma S/o Ramawatar Verma, Aged About 48

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      Years, Resident Of B.k. Koul Nagar Ajmer
19.   Amit Goyal S/o Tara Chand Goyal, Aged About 33 Years,
      Resident Of 30, Van Vihar Colony, Vaishali Nagar, Ajmer
20.   Deependra Kumar Sharma S/o Girdhari Lal Sharma, Aged
      About 53 Years, Resident Of Ramganj Ajmer
21.   Praveen Kumar Bansal S/o Brij Kishore, Aged About 50
      Years, Resident Of Fay Sagar Road, Ajmer
22.   Ram Gopal Ojha S/o Ram Babu, Aged About 52 Years,
      Resident Of Shiv Nagar, Fay Sagar, Road, Ajmer
23.   Padma Chimnani W/o Kheyo Bhagchandani, Aged About
      58 Years, Resident Of Chander Vardai Nagar, Ajmer
24.   Dharm Chand Jain S/o Gajraj Jain, Aged About 49 Years,
      Resident Of Pushkar Road, Ajmer
25.   Dinesh Gotwal S/o Ram Singh, Aged About 48 Years,
      Resident Of Jhalkari Nagar, Ajmer
26.   Jugunu Daryani S/o Radha Kishan, Aged About 47 Years,
      Resident Of Ramganj, Ajmer
27.   Amit Gour S/o Lalit Kumar, Aged About 38 Years, Resident
      Of Bhajan Ganj Ajmer
28.   Naved Chishti S/o Mutuir Rahman Chishti, Aged About 31
      Years, Resident Of Khadim Mohalla, Ajmer
29.   Munir Mohammed S/o Nazir Khan, Aged About 59 Years,
      Resident Of Loha Khan Ajmer
30.   Banne Singh S/o Badri Singh, Aged About 45 Years,
      Resident Of Gughra Ajmer
31.   Aaftab Ahmed S/o Abdul Aziz, Aged About 35 Years,
      Resident Of Near Railway Puliya, Rasulpura, Ajmer
32.   Rajkumar Sethi S/o Surendra Kumar Sethi, Aged About
      38 Years, Resident Of 38, Haribhau Upadhyay Nagar,
      Ajmer
33.   Chakravarti Sen S/o Shanti Lal Sen, Aged About 56 Years,
      Resident Of Kishangarh, Ajmer
34.   Ashok Kumar Vaishnav S/o Jagdish Prasad Vaishnav, Aged
      About 53 Years, Resident Of Kishangarh, Ajmer
35.   Rajesh Kumar Yadav S/o Ram Gopal Yadav, Aged About
      49 Years, Resident Of Kishangarh Ajmer
36.   Chandra Mohan Singh S/o Ram Singh, Aged About 50
      Years, Resident Of Kishangarh, Ajmer


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37.   Satish Tinker S/o Bhagwan Das Tinker, Aged About 49
      Years, Resident Of Kishangarh, Ajmer
38.   Mahaveer Prasad Sharma S/o Ugam Chand Sharma, Aged
      About 59 Years, Resident Of Kishangarh Ajmer
39.   Subhash Chand Joshi S/o Aanandi Lal, Aged About 52
      Years, Resident Of Sanwatsar, Kishangarh, Ajmer
40.   Pramod Kumar Mishra S/o Pushkar Dutt Mishra, Aged
      About 54 Years, Resident Of Masuda, Ajmer
41.   Pankaj Bansal S/o Norat Bansal, Aged About 45 Years,
      Resident Of Pratap Nagar, Beawar, Ajmer
42.   Dinesh Kumar S/o Satya Narayan Sharma, Aged About 50
      Years, Resident Ofchawani Beawar, Ajmer
43.   Hari Om Upadhyay S/o Bhanwar Lal, Aged About 42
      Years, Resident Of Masuda Road, Beawar Ajmer
44.   Goutam Solanki S/o Badri Lal, Aged About 49 Years,
      Resident Of Vinod Nagar, Beawar Ajmer
45.   Vikaram Singh Panwar S/o Bhanwar Singh Panwar, Aged
      About 34 Years, Resident Of Fathepur-1, Beawar, Ajmer
46.   Rajendra Prasad Sain S/o Sugan Lal, Aged About 55
      Years, Resident Of New Mahaveer Colony, Beawar, Ajmer
47.   Sarvar Kathat S/o Karema Mehrat, Aged About 52 Years,
      Resident Of Sovniya, Kabra, Beawar, Ajmer
48.   Kamal Kishore Kachawa S/o Mohan Lal, Aged About 54
      Years, Resident Of Chawani, Beawar,. Ajmer
49.   Satya Narayan Sharma S/o Gheesu Lal, Aged About 59
      Years, Resident Of Delwara Road, Beawar, Ajmer
50.   Rajesh Kumar Fagna S/o Nand Kishor Fagna, Aged About
      49 Years, Resident Of Nasirabad, Ajmer
51.   Kapil Gurjar S/o Ratan Lal, Aged About 31 Years, Resident
      Ofnasirabad Ajmer
52.   Farid Ahmed S/o Said Ahmed, Aged About 58 Years,
      Resident Of Nasirabad Ajmer
53.   Mamta Verma W/o Arun Kumar Verma, Aged About 50
      Years, Resident Of Ramdayal Mohalla, Nasirabad, Ajmer
54.   Mohammed Rafique S/o Shafi Mohammed, Aged About 57
      Years, Resident Of Sarwar, Ajmer
55.   Narendra Kumar Sharma S/o Ganeshi Lal Sharma, Aged
      About 50 Years, Resident Of Near Jiniya Gate, Purani


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      Kekri, Ajmer
56.   Ashok Kumar Sharma S/o Jagdish Prasad, Aged About 41
      Years, Resident Of Kekri, Ajmer
57.   Gorav Kumar Purohit S/o Rajendra Prasad, Aged About 37
      Years, Resident Of Kekri, Ajmer
58.   Sourabh Jangid S/o Ram Swaroop, Aged About 57 Years,
      Resident Of Kalyan Colony, Kekri, Ajmer
59.   Raju Khan S/o Abdul Rahman, Aged About 57 Years,
      Resident Of Kekri, Ajmer
60.   Vipin Kumar Jain S/o Vimal Kumar, Aged About 32 Years,
      Resident Of Kekri, Ajmer
61.   Lokesh Kumar Teli S/o Gopal Lal, Aged About 32 Years,
      Resident Of Kekri, Ajmer
62.   Anurag Malu S/o Mahendra Kumar Malu, Aged About 27
      Years, Resident Of Sawar Kekri,. , Ajmer
63.   Gajendra Singh Rathore S/o Nand Lal Verma, Aged About
      53 Years, Resident Of Kekri, Ajmer
64.   Salim Mohammed S/o Wali Mohammed, Aged About 49
      Years, Resident Of Parbatsar Nagour
65.   Kanhya Lal Kabra S/o Ghanshyam Kabra, Aged About 46
      Years, Resident Of Parbatsar Nagour
66.   Mohammad Yunus S/o Gulab Khan, Aged About 58 Years,
      Resident Of Parbatsar Nagour
67.   Doulat Singh S/o Raj Singh, Aged About 45 Years,
      Resident Of Parbatsar Nagour
68.   Asad Malik S/o Mukhtar Ali, Aged About 45 Years,
      Resident Of Malpura, Tonk
69.   Sanjay Kumar Sharma S/o Radhe Shyam Sharstri, Aged
      About 49 Years, Resident Of Malpura, Tonk
70.   Koshal Naresh Sharma S/o Birdi Chand Sharma, Aged
      About 46 Years, Resident Of Malpura, Tonk
71.   Arvind Kumar Pareek S/o Satya Narayan Pareek, Aged
      About 52 Years, Resident Of Malpura, Tonk
72.   Manju Devi W/o Kailash Chand, Aged About 49 Years,
      Resident Of Lamba Hari Singh, Malpura, Tonk
73.   Mahesh Chand Kocheta S/o Shambhu Lal Kocheta, Aged
      About   43    Years,      Resident          Of   C-49,   Shastri   Nagar,
      Bhilwara.


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74.   Navin Jagetiya S/o Jagdish Chand Jagetiya, Aged About
      41 Years, Resident Of Rang Bhawan, Bhilwara
75.   Suresh Kumar Pareek S/o Lal Chand Sharma, Aged About
      51 Years, Resident Of C-425, Aazad Nagar, Bhilwara
76.   Abdul Mazid S/o Abdul Latif, Aged About 47 Years,
      Resident Of Gali No. 3, Sanganeri Gate, Bhilwara
77.   Aamin Mohammed S/o Subrati Ali, Aged About 39 Years,
      Resident Of Sarana, Nasirabad, Ajmer
78.   Vimal Murteja S/o Prabhu Dayal, Aged About 41 Years,
      Resident Of Nehru Nagar, Ajmer
79.   Dharam Singh Rawat S/o Hera Singh, Aged About 46
      Years, Resident Of Badliya , Shrinagar, , Ajmer
80.   Mukesh Mundra S/o Bajrang Lal Mundra, Aged About 49
      Years, Resident Of Daya Nand Colony, Ram Nagar, Ajmer
81.   Jitendra Moyal S/o Gopi Lal Verma, Aged About 49 Years,
      Resident Of Baldev Nagar, Ajmer
82.   Anjuman Oliver Semsun S/o Maxwell Samson, Aged
      About 37 Years, Resident Of Jp Nagar, Naka Madar, Ajmer
83.   Devendra Kumar Dhaneriya S/o Prabhat Singh Dhaneriya,
      Aged About 51 Years, Resident Of Dhola Bhata, Ajmer
84.   Jai Kumar Jain S/o Paras Mal Jain, Aged About 55 Years,
      Resident Of Topdara, Ajmer
85.   Prithviraj Chawala S/o Pokharmal Chawala, Aged About
      50 Years, Resident Of Khatik Mohalla, Nasirabad, Ajmer
86.   Ajay Singh Chawala S/o Hanuman Singh, Aged About 50
      Years, Residetn Of Khatik Mohalla, Nasirabad, Ajmer
87.   Chandra Shekhar Pathriya S/o Bhura Lal Pathriya, Aged
      About 44 Years, Resident Of Ghoshi Mohalla, Nasirabad
      Ajmer
88.   Gourav Mishra S/o Subhash Chandra Misra, Aged About
      32 Years, Resident Of Praghya Nagar, Fay Sagar Road,
      Ajmer
89.   Abhishek Mathur S/o Bheru Narayan Mathur, Aged About
      28 Years, Resident Of Panchsheel Nagar, Ajmer
90.   Surya   Prakash     Sharma        S/o      Hari        Shankar   Sharma,
      Resident Of Near Fort, Roop Nagar, Ajmer
91.   Pankaj Nimawat S/o Sitaram Nimawat, Aged About 43
      Years, Resident Of Jawahar Nagar, Malpura, Tonk


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92.     Satya Narayan Sharma S/o Surya Narayan Sharma, Aged
        About 48 Years, Resident Of Chousla, Malpura, Tonk
93.     Krishan Swaroop Dadhich S/o Gouri Shankar Sharma,
        Aged About 43 Years, Resident Of Kirawal, Malpura, Tonk
94.     Mohammed Mazid S/o Mohammed Ismile, Aged About 41
        Years, Resident Of Kidwai Colony, Malpura, Tonk
95.     Prashant Kumar S/o Onkar Mal, Aged About 31 Years,
        Resident Of Nandla, Nasirabad, Ajmer
96.     Satya Narayan Teli S/o Badri Lal Teli, Aged About 31
        Years, Resident Of Kharol, Bhilwara,
97.     Julfikar Ali S/o Alluddin Khan, Aged About 41 Years,
        Resident Of Gangwana Ajmer
98.     Vishvendra Bairwa S/o Shri Kishan Bairwa, Aged About 27
        Years, Resident Of Nyara Nasirabad, Ajmer
                                                                   ----Petitioners
                                    Versus
1.      State Of Rajasthan, Through Principal Secretary, School
        Education Department, Government Secretariat, Jaipur
2.      The     Principal       Secretary       Of      Finance     Department,
        Government Of Rajasthan, Secretariat, Jaipur
3.      The Director Of Secondary Education, Rajasthan, Bikaner
4.      The Director Of Elementary Education, Rajasthan, Bikaner
5.      The Joint Director Of School Education, Ajmer Zone,
        Ajmer
                                                                 ----Respondents

For Petitioner(s) : Mr. Yash Joshi through VC For Respondent(s) : Mr. R.P. Singh), AAG Mr. Ganesh Meena), AAG Mr. C.L. Saini, AAG), All through VC

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

08/02/2022

In this petition the challenge is to the notification dated

30.10.2017 issued by the State Government by which the

Rajasthan Civil Services (Revised Pay) Rules 2008 came to be

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amended. Learned advocates for the parties agreed that the

issues are covered by an order dated 25.11.2021 passed in CWP

No.5920/2021 in the case of Santosh Sharma and Ors. Vs.

State of Rajasthan and Ors. in which the Division Bench has

provided as under:-

"In these petitions, the main controversy is with respect to validity and legality of the notification dated 30th October, 2017 issued by the Government of Rajasthan, Department of Finance. Under this notification, the Rajasthan Civil Services (Revised Pay) Rules, 2008 came to be amended.

It is not necessary to go into the details of these amendments. Suffice it to note that the grievance of the petitioners is that by virtue of these amendments in the revised Pay Rules, with retrospective effect, the grade pay in several cases have been so changed as to deprive the petitioners of actual benefits of Assured Career Progression Scheme. Since in some cases, the Government has also initiated recoveries on the basis of these amendments, the petitioners had also prayed for interim protection. In some cases where recoveries have commenced, the Court has protected the petitioners. In some cases of the pensioners recoveries in part or full may have been made.

The learned Advocate General stated that such protection against non-petitioners has also been ordered in cases of those persons who are affected by these amendments.

Today, when this group of petitions was taken up for hearing, the learned Advocate General tendered an affidavit dated 25th November 2021 filed by one Shri Mangi Lal, Officer-in-Charge of the respondents, in which it is stated that the State Government is considering all the issues with respect to the notification and for such purpose a Committee has been constituted under order dated 05.08.2021. The scope of this Committee involves other issues but one of them being the question of grant of ACP benefits to the Government employees. It is stated that such Committee will take into account the issues arising out the amendments made by notification

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dated 30th October, 2017. According to the learned Advocate General, this will take about three months time. Till then, no further recoveries would be made on the basis of the said notification.

In our opinion, when the Government, on its own, is considering the multiple issues arising out of the said notification, it would not be proper on our part to examine the legality and validity of the notification. We would therefore dispose of these petitions with certain directions. Before issuing final directions, we may notice that in some of the cases of the pensioners, part or full recoveries have already been made. These recoveries may not be retained by the State till fresh decision is taken, of course, subject to outcome of the decision of the Government and further order of the Court in case the controversy raises.

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 28th 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.

All pending applications are also disposed of."

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Issues being identical the directions contained in the said

order dated 25.11.2021 in case of Santosh Sharma (supra) will

apply in this case.

The petition stands disposed of accordingly.

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

BRIJ MOHAN GANDHI/38

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