Jasraj Choudhary vs The State Of Rajasthan
2022 Latest Caselaw 2294 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12509/2020

1. Jasraj Choudhary S/o Shri Jora Ram Choudhary, Aged About 46 Years, Resident Of Vpo Jatiya Kumharo Ka Bas, Tehsil And District Barmer (Raj.).

2. Jetha Ram Choudhary S/o Shri Deva Ram, Aged About 54 Years, Resident Of Vpo Jatiya Kumharo Ka Bas, Tehsil And District Barmer (Raj.).

3. Moola Ram Choudhary S/o Shri Binja Ram Choudhary, Aged About 55 Years, Resident Of Muthon Ki Dhani, Tehsil And District Barmer (Raj.).

4. Thakara Ram S/o Moti Ram, Aged About 56 Years, Resident Of Vpo Rohili, Tehsil And District Barmer (Raj.).

----Petitioners Versus

1. The 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 Barmer, Barmer (Raj.)

4. The Assistant Engineer, Public Health Engineering Department, Rural Sub Division-Ii, Dist.- Barmer (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

(2 of 3) [CW-12509/2020]

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 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."

(3 of 3) [CW-12509/2020]

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 97-Rmathur/-

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