Madan Singh vs State Of Rajasthan
2022 Latest Caselaw 2443 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 994/2022

1. Madan Singh S/o Narayan Singh, Aged About 53 Years, Resident Of Ward No. 3, Antroli Kalan, Nagaur, Antroli Khurd, Rajasthan - 341514.

2. Mohan Singh S/o Bodu Singh, Aged About 66 Years, Resident Of Ward No. 3, Antroli Kalan, Nagaur, Antroli Khurd, Rajasthan - 341514.

----Petitioners Versus

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

2. The Superintending Engineer, Public Health And Engineering Department, Circle Nagaur.

3. The Assistant Engineer, Public Health And Engineering Department, Sub-Division Degana.

----Respondents

For Petitioner(s) : Mr. Sachin Saraswat.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

10/02/2022

This writ petition has been filed by the petitioners for the

relief(s) as indicated in the writ petition.

Counsel for the petitioners submits 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).

(2 of 2) [CW-994/2022]

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.

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 52-Rmathur/-

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