Rajasthan High Court - Jodhpur

Gopala Ram vs State Of Rajasthan on 9 February, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11218/2020

1. Gopala Ram S/o Shri Maga Ram Ji, Aged About 54 Years, R/o Gyandi Basti, Ward No. 1 Nr Goga Medi Sujangarh, Dist. Churu, Raj.

2. Phoola Ram S/o Jivan Ram Ji, Aged About 58 Years, R/o Village Juliyasar, Teh. Laxman Garh, Dist. Sikar, Raj.

3. Bhanwar Lal Kumhar S/o Jivan Ram Ji, Aged About 54 Years, R/o Village Kasumbi, Teh. Ladnu, Dit. Nagaur, Raj.

4. Shrichand S/o Shri Bajrang Lal, Aged About 57 Years, R/o Village Gopal Pura, Tehsil Sujangarh, Dist. Churu, Raj.

5. Mot Das S/o Shri Hari Das, Aged About 55 Years, R/o Village Jegniya, Tehsil Ratangarh, Dist. Churu, Raj.

6. Revant Mal S/o Shri Aadu Ram, Aged About 55 Years, R/o Village Toliyasar, Tehsil Sujangarh, Dist. Churu. Raj.

7. Ram Pal S/o Shri Bhagvana Ram, Aged About 54 Years, R/o Village Salasar, Tehsil Sujangarh, Dist. Churu, Raj.

8. Janvahar Das S/o Shri Nanak Das, Aged About 53 Years, R/o Village Kasumbi, Tehsil Ladnu, Dist Nagaur, Raj.

9. Madan Gopal S/o Shri Lachman Ram, Aged About 48 Years, R/o Village Kasumbi, Tehsil Ladnu, Dist Nagaur, Raj.

10. Lala Ram S/o Shri Parsa Ram, Aged About 54 Years, R/o Village Lasumbi, Tehsil Ladnu, Dist Nagaur, Raj.

11. Dhanraj Gurjar S/o Shri Kanaram, Aged About 54 Years, R/o Ward No. 25, Naya Bas, Sujangarh, Dist. Churu, Raj.

12. Khuma Ram S/o Shri Mota Ram, Aged About 56 Years, R/o Ward No. 3 Gandhi Basti, Sujangarh Dist. Churu.

13. Amar Singh S/o Shri Bhagvana Ram, Aged About 51 Years, R/o Village Malsisar, Tehsil Sujangarh, Dist. Churu, Raj.

14. Norang Ram S/o Shri Ghisa Ram, Aged About 52 Years, R/o Village Chachivaad Bada, Tehsil Fatehpur, Dist. Sikar, Rj.

15. Bhanwar Das S/o Aashu Das, Aged About 51 Years, R/o Village Jegniya, Tehsil Ratangarh, Dist. Churu, Raj.

16. Gordhan Ram S/o Shri Panna Ram, Aged About 57 Years, R/o Village Lodsar, Tehsil Sujangarh, Dist. Churu, Raj.

17. Prahlad Singh S/o Shri Roop Singh, Aged About 58 Years, R/o Village Genani Nr. Of Ladnu Road, Sujangarh, Dist. Churu.

18. Rameshwar Lal S/o Shri Purna Ram, Aged About 52 Years, R/o Village Tanwra, Tehsil Ladnu, Dist. Nagaur, Raj.

19. Jaykishan S/o Dalu Ram, Aged About 50 Years, R/o Ward No. 1 Gandhi Basti, Sujangarh, Dist. Churu, Raj.

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20. Mahaveer Prashad S/o Shri Laadu Ram, Aged About 51 Years, R/o Mataar Dharamkanta Ke Pass, Ladnu Road, Tehsil Ladnu, Dist. Nagaur, Raj.

21. Dula Ram S/o Mula Ram, Aged About 60 Years, R/o Village Murdakiya, Tehsil Sujangarh, Dist. Churu, Raj.

22. Diyala Ram S/o Shri Gopu Ram, Aged About 60 Years, R/o Ward No. 1 Gandhi Basti Sujangarh, Dist. Churu, Raj.

23. Nema Ram S/o Shri Kunana Ram, Aged About 53 Years, R/o Sikar Road, Village Salasar, Tehsil Sujangarh, Dist. Churu, Raj.

24. Vijay Kumar S/o Shri Chagan Lal, Aged About 60 Years, R/o Harijan Basti, Sujangarh, Dist. Churu, Raj.

25. Bajrang Lal S/o Shri Narayan Ram, Aged About 54 Years, R/o Village Nauragsar, Tehsil Sujangarh, Dist. Churu, Raj.

26. Rajaram S/o Shri Panna Ram, Aged About 53 Years, R/o Village Lodsar Tehsil Sujangarh, Dist. Churu, Raj.

27. Mahesh Kumar S/o Shri Narayan Ram, Aged About 52 Years, R/o Village Noragsar, Tehsil Sujangarh, Dist. Churu, Raj.

28. Keshara Ram S/o Jawana Ram, Aged About 51 Years, R/o Village Aabsar, Tehsil Sujangarh, Dist. Churu, Raj.

29. Sanwar Mal S/o Rameshwar Dayal, Aged About 54 Years, R/o Village Jaswantgarh, Tehsil Ladnu, Dist. Nagaur, Raj.

30. Bhanwar Singh S/o Lachaman Singh, Aged About 48 Years, R/o Ward No. 11, Chungi Naka Ke Pass Piche Ladnu Road, Sujangarh, Dist. Churu, Raj.

31. Mangu Singh S/o Mohan Singh, Aged About 57 Years, R/o Village Dhakawali, Tehsil Sujangarh, Dist. Churu, Raj.

32. Tarachand S/o Shree Dularam, Aged About 51 Years, R/o Village Syanan, Tehsil Sujangarh, Dist. Churu, Raj.

33. Mularam S/o Shree Bhagwana Ram, Aged About 47 Years, R/o Village Naurangsar, Tehsil Sujangarh, Dist. Churu.

34. Mangilal S/o Shree Dulichand, Aged About 59 Years, R/o Village Malasi, Tehsil Sujangarh, Dist. Churu, Raj.

35. Lunaram S/o Shree Goruram, Aged About 56 Years, R/o Village Kanwari, Tehsil Ladnu, Dist. Nagaur, Raj.

36. Bhaganaram S/o Shree Ramuram, Aged About 56 Years, R/o Village Kasumbi, Tehsil Ladnu, Dist. Nagaur, Raj.

37. Mahendra Kumar S/o Shree Bhagaram, Aged About 54 Years, R/o Nr. La Kua Ratangarh, Dist. Churu, Raj.

38. Pratap Singh S/o Shree Durjan Singh, Aged About 54 Years, R/o Village Rajiyasar Khara, Tehsil Sujangarh, Dist. Churu, Raj.

39. Hanuman Prasad Sharma S/o Shaitanaram, Aged About 53 Years, R/o Village Bhojasar, Upadhyay Tehsil Sardarshahar, Dist. Churu, Raj.

40. Ladu Singh S/o Shree Kesar Singh, Aged About 58 Years, R/o Village Bhanisariya Tejsihotan, Tehsil Sujangarh, Dist.

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       Churu, Raj.

41. Sawat Singh S/o Shree Mohan Singh, Aged About 54 Years, R/o Village Bhanisariya Tejsihotan, Tehsil Sujangarh, Dist. Churu, Raj.

42. Sohan Lal S/o Shree Severam, Aged About 51 Years, R/o Ward No. 3 Nr. Ambedkar Bhawan Sujangarh, Dist. Churu, Raj.

43. Ramchandra Gurjar S/o Mularam Gurjar, Aged About 57 Years, R/o Ward No. 11 Opposite Of Char Bhuja Workers Sujangarh, Dist. Churu, Raj.

44. Diney Khan S/o Shree Peeru Khan, Aged About 56 Years, R/o Opposite Of Water Tank, Hanuman Dhora, Sujangarh, Dist. Churu, Raj.

45. Hukmichand Sharma S/o Multanchand Sharma, Aged About 59 Years, R/o Near Of Khebi Khalda, Naya Bas, Sujhangarh, Dist. Churu, Raj.

46. Satya Narayan Soni S/o Jagnath Soni, Aged About 60 Years, R/o Near Of Hanuman Vatika Sujangarh, Dist. Churu, Raj.

47. Shankar Singh S/o Mukan Singh, Aged About 52 Years, R/o Village Bidasar, Dist. Churu, Raj.

48. Lala Ram S/o Aadu Ram, Aged About 46 Years, R/o Vpo Jyak, Tehsil Bidasar, District Churu, (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Secretary, Public Health Engineering Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Adm.), Public Health Engineering Department, Government Of Rajasthan, Jaipur.

3. The Superintending Engineer, Public Health Engineering Department, Circle Churu, Churu (Raj.).

4. The Assistant Engineer, Public Health Engineering Department, City Sub Division Sujangarh, Dist.- Churu (Raj.).

5. The Assistant Engineer, Public Health Engineering Department, Rural Sub Division Sujangarh, Dist. Churu (Raj.).

                                                                 ----Respondents


For Petitioner(s)         :     Mr. C.S. Bissa.
For Respondent(s)         :     Ms. Anjana Jawa.


           HON'BLE MR. JUSTICE ARUN BHANSALI
                          Order

09/02/2022


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This writ petition has been filed by the petitioners for the

relief(s) as indicated in the writ petition.

Counsel for the parties submit that the issue raised in the

present writ petition is covered by judgment in Santosh Sharma

vs. State of Rajasthan : DBCWP No.5920/2021 decided on

25.11.2021, wherein the legality of the Notification dated

30.10.2017, which was the basis for passing of the impugned

orders, was challenged and therefore, the present writ petition

may also be decided in the light of judgment in the case of

Santosh Sharma (supra).

In the case of Santosh Sharma (supra), the Division Bench

inter alia directed as under: -

"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

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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."

In view of submissions made, the writ petition filed by the

petitioners is disposed of in the light and with similar directions as

given in the case of Santosh Sharma (supra).