Rajendra Jain vs State Of Rajasthan
2022 Latest Caselaw 2279 Raj

Citation : 2022 Latest Caselaw 2279 Raj
Judgement Date : 9 February, 2022

Rajasthan High Court - Jodhpur

Rajendra Jain 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. 950/2022

Bholaram Meghwal S/o Sh. Purkha Ram Ji, Aged About 62 Years, By Caste Meghwal, Resident Of Village Doli, Tehsil And District Jodhpur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary To The Government, Ground Water Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer, Ground Water Department, Jodhpur.

3. The Superintending Engineer, Ground Water Department, Jodhpur.

4. The Assistant Engineer-Ii, Ground Water Department, Jodhpur.

----Respondents Connected With S.B. Civil Writ Petition No. 939/2022 Daulal S/o Sh. Salagram Ji, Aged About 63 Years, By Caste Jeengar, Resident Of In Side Siwanchi Gate, Taat Market, Ramesh Juti Corner, Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary To The Government, Ground Water Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer, Ground Water Department, Jodhpur.

3. The Superintending Engineer, Ground Water Department, Jodhpur.

4. The Assistant Engineer-1, Ground Water Department, Jodhpur.

----Respondents S.B. Civil Writ Petition No. 964/2022 Rajendra Jain S/o Sh. Kanhaiyalal Jain, Aged About 58 Years, By Caste Jain Oswal, Resident Of House No. 330, 4Th A Road, Sardarpura, Jodhpur (Raj.).

                                                                    ----Petitioner


                                              (2 of 3)                    [CW-950/2022]


                                     Versus

1. State Of Rajasthan, Through The Principal Secretary To The Government, Ground Water Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer, Ground Water Department, Jodhpur.

3. The Superintending Engineer, Ground Water Department, Jodhpur.

4. The Assistant Engineer-I, Ground Water Department, Jodhpur.

----Respondents

For Petitioner(s) : Mr Shashank Sharma on behalf of Mr Harish Purohit For Respondent(s) : Mr Anil Kumar Gaur AAG

HON'BLE MR. JUSTICE ARUN BHANSALI

Judgment / Order

09/02/2022

These writ petitions have been filed by the petitioners

aggrieved against the implementation of the order dated

30.09.2020 (Annex.1) in SBCWP No.950/2022, order/challan

dated 04.09.2020 (Annex.3) in SBCWP No.939/2020, order dated

04.09.2020 (Annex.3) in SBCWP No.964/2020 and consequential

recovery from the petitioners.

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).

(3 of 3) [CW-950/2022]

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 the petitioners to file an independent petition, as may be advised subject to all objections of the Government which are kept open.