Sushil Kumar Jain vs State Of Rajasthan
2022 Latest Caselaw 2295 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13190/2020

1. Sushil Kumar Jain S/o Shri Sawroop Chand Jain, Aged About 54 Years, R/o Opp. Rds School, Shanti Swaroop Complex Near Axis Bank, Nr. Station Road Dist. Churu.

2. Kheta Ram S/o Heera Ram Jat, Aged About 50 Years, R/o Chandra Shekhar College Ke Pass Tehsil Sujangarh, Dist. Churu (Raj.).

3. Mohan Ram S/o Shri Ladu Ram Moond, Aged About 46 Years, R/o Village Gili Dhani Post Hayava Tehsil Ladnu, District Nagaur (Raj.).

4. Hukam Singh S/o Shri Puran Singh, Aged About 55 Years, R/o Village Charla, Tehsil Sujangarh Dist. Churu (Raj.).

5. Prem Prakah Moond S/o Chatra Ram Moond, Aged About 51 Years, R/o Pragati Nagar Sujangarh Dist. 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, Ruler 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




                                          (2 of 3)                     [CW-13190/2020]

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

(3 of 3) [CW-13190/2020]

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 98-Rmathur/-

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