Abbas Ali vs State Of Rajasthan
2022 Latest Caselaw 2260 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15127/2019

1. Abbas Ali S/o Sh. Sattar Khan, Aged About 49 Years, Resident Of Village And Post Krishnou P.s. Kuchera, District Nagour.

2. Bharmal Vishnoi S/o Bansi Lal Vishnoi,, Aged About 59 Years, Resident Of Gram Kanwalisar, Tehsil Jayal, District Nagaur (Raj.)

3. Babu Lal S/o Chandu Ram,, Aged About 53 Years, Resident Of Gram Alai, Tehsil And District Nagaur (Raj.)

4. Bhura Ram S/o Bhaga Ram,, Aged About 52 Years, Resident Of Gram Sadokan, Tehsil And District Nagaur (Raj.).

5. Lal Singh S/o Ashu Singh,, Aged About 53 Years, Resident Of Gram Panchodi, Tehsil Khinwsar, District Nagaur (Raj.)

6. Bhanwar Lal S/o Roopa Ram,, Aged About 56 Years, Resident Of Sadokan, Tehsil And District Nagaur (Raj.).

7. Madan Lal S/o Ramdhan Bhadu,, Aged About 53 Years, Resident Of Gram Bhadana, Tehsil And District Nagaur (Raj.)

8. Ram Singh Rathore S/o Bhagwan Singh,, Aged About 51 Years, Resident Of Nehru Colony, Nagaur (Raj.)

9. Ramniwas S/o Ramkaran,, Aged About 52 Years, Resident Of Gram Deh, Tehsil Jayal, District Nagaur (Raj.)

10. Ram Kumar S/o Dungar Ram,, Aged About 48 Years, Resident Of Gram Jhadisara, Tehsil Jayal, District Nagaur (Raj.)

11. Mula Ram S/o Shankar Ram Bhati,, Aged About 56 Years, Resident Of Gram Khetolaw, Tehsil And District Nagaur (Raj.)

12. Siya Ram S/o Tola Ram,, Aged About 58 Years, Resident Of Gram Inana, Tehsil And District Nagaur (Raj.)

13. Bhanwar Lal S/o Mangi Lal,, Aged About 48 Years, Resident Of Gram Panchodi, Tehsil Khinwsar, District Nagaur (Raj.)

14. Babu Lal S/o Chena Ram,, Aged About 57 Years, Resident Of Gram Chenar, Tehsil And District Nagaur (Raj.)

15. Jagdish Rpaasad Tak S/o Bansi Lal,, Aged About 53 Years,

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Resident Of Gram Chenar, Tehsil And District Nagaur (Raj.)

16. Dalam Chand S/o Ramkaran,, Aged About 54 Years, Resident Of Gram Chenar, Tehsil And District Nagaur (Raj.)

17. Chainsukh Tak S/o Bansi Lal,, Aged About 55 Years, Resident Of Gram Chenar, Tehsil And District Nagaur (Raj.)

18. Puna Ram S/o Dula Ram,, Aged About 52 Years, Resident Of Athiyasan, Tehsil And District Nagaur (Raj.)

19. Noratan Mal S/o Paras Mal,, Aged About 58 Years, Resident Of Merta Road, Nagaur (Raj.)

20. Lal Chand S/o Hari Ram,, Aged About 58 Years, Resident Of Gram Chenar, Tehsil And District Nagaur (Raj.)

21. Ratan Singh S/o Ganga Singh,, Aged About 58 Years, Resident Of Basi Mohalla, Nagaur (Raj.)

22. Likhma Ram S/o Ratana Ram,, Aged About 66 Years, Resident Of Sadogan, Tehsil And District Nagaur (Raj.)

23. Sadik Khan S/o Gafar Khan,, Aged About 53 Years, Resident Of Ajmeri Gate, Nagaur (Raj.)

24. Shyam Lal Sharma S/o Pukhraj Sharma,, Aged About 58 Years, Resident Of Sevgo Ka Mohalla, Kuchera, District Nagaur (Raj.)

25. Jassa Ram S/o Ganesh Ram,, Aged About 59 Years, Resident Of Gram Gotedi, Post Kuchera, District Nagaur (Raj.)

26. Jagmal Singh S/o Ganga Singh,, Aged About 54 Years, Resident Of Gram Paldi Jodha, Post Kuchera, District Nagaur (Raj.)

27. Narpat Singh S/o Gopal Singh,, Aged About 56 Years, Resident Of Vpo Khajwana, District Nagaur (Raj.)

28. Hari Ram Choudhary S/o Nathu Ram Choudhary,, Aged About 56 Years, Resident Of Vpo Kuchera, District Nagaur (Raj.)

29. Kalu Ram S/o Chena Ram,, Aged About 53 Years, Resident Of Gram Geloli, Tehsil Jayal, District Nagaur (Raj.)

----Petitioners Versus

(3 of 4)

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

2. The Chief Engineer, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

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

4. The Assistant Engineer, Public Health Engineering Department, District Subdivision I Nagour, Dist. Nagour (Raj.)

5. The Assistant Engineer, Public Health Engineering Department, District Subdivision Ii Nagour, Dist Nagour (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

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: -

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"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."

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).

(ARUN BHANSALI),J 77-Rmathur/-

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