Hari Bhagwan vs State Of Rajasthan
2022 Latest Caselaw 2489 Raj

Citation : 2022 Latest Caselaw 2489 Raj
Judgement Date : 11 February, 2022

Rajasthan High Court - Jodhpur

Hari Bhagwan vs State Of Rajasthan on 11 February, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 3648/2020

1. Hari Bhagwan S/o Shri Jasram, aged about 58 Years, R/o Ward No. 7, VPO Nagarana, Tehsil Sangaria, District Hanumangarh (Raj.).

2. Sajjan Kumar S/o Shri Mani Ram, aged about 54 Years, R/o Ward No. 5, Sangaria, Tehsil Sangaria, District Hanumangarh (Raj.)

3. Ajay Kumar S/o Shri Ram Chander, aged about 57 Years, R/o Ward No. 20, Sangaria, Tehsil Sangaria, District Hanumangarh (Raj.).

4. Narender Kumar S/o Shri Lichman Ram, aged about 56 Years, R/o Village Santpura, Sangaria, Tehsil Sangaria, District Hanumangarh (Raj.).

5. Bal Kishan S/o Shri Mangi Lal, aged about 53 Years, R/o Ward No. 3, Sangaria, Tehsil Sangaria, District Hanumangarh (Raj.).

6. Sohan Lal S/o Shri Kashi Ram, aged about 47 Years, R/o Village Nukera, Tehsil Sangaria, District Hanumangarh (Raj.).

7. Jasveer Singh S/o Shri Sarjeet Singh, aged about 56 Years, R/o Ward No. 10, Sangaria, Tehsil Sangaria, District Hanumangarh (Raj.).

8. Banwari Lal S/o Shri Mani Ram, aged about 57 Years, B/c Jat, R/o Village Nathwana, Tehsil Sangaria, District Hanumangarh (Raj.).

9. Sadhu Singh S/o Shri Chetan Ram, aged about 58 Years, R/o Ward No. 20 Sangaria, Tehsil Sangaria, District Hanumangarh (Raj.).

10. Devendra Kumar S/o Shri Mohkam Ram, aged about 55 Years, R/o Village Bhakhranwali, Tehsil Sangaria, District Hanumangarh (Raj.).

11. Raj Singh S/o Shri Mahendra Singh, aged about 49 Years, R/o 8 P.t.p., Tehsil Sangaria, District Hanumangarh (Raj.).

12. Gouri Shankar S/o Shri Mani Ram, aged about 58 Years, R/o Village Bhakhranwali, Tehsil Sangaria, District Hanumangarh (Raj.).

(2 of 4) [CW-3648/2020]

13. Mahavir Prasad S/o Shri Birbal Ram, aged about 55 Years, R/o Ward No. 25, Tehsil Sangaria, District Hanumangarh (Raj.).

14. Hari Ram S/o Shri Banwari Lal, aged about 51 Years, R/o Village Haripura, Tehsil Sangaria, District Hanumangarh (Raj.).

15. Shyam Sunder S/o Shri Maku Lal, aged about 57 Years, R/o Ward No. 18 Sangaria, Tehsil Sangaria, District Hanumangarh (Raj.).

16. Gursevak Singh S/o Shri Ranjha Singh, aged about 50 Years, R/o Village Dhaban, Now Phed Sangaria Campus, Sangaria, Tehsil Sangaria, District Hanumangarh (Raj.).

----Petitioners Versus

1. State of Rajasthan through Public Health Engineering Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Administration), Public Health Engineering Department, Government of Rajasthan, Jaipur.

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

4. The Assistant Engineer, Public Health Engineering Department, Subdivision Sangaria, Distt. Hanumangarh.

----Respondents Connected With S.B. Civil Writ Petition No. 7454/2021

1. Hari Bhagwan S/o Shri Jasram, aged about 59 Years, R/o Ward No. 7, VPO Nagarana, Tehsil Sangaria, District Hanumangarh (Raj.)

2. Gouri Shankar S/o Shri Mani Ram, aged about 59 Years, R/o Village Bhakhranwali, Tehsil Sangaria, District Hanumangarh (Raj.)

3. Bhoop Singh S/o Shri Sanwala Ram Joshi, aged about 59 Years, R/o VPO Nagarana Tehsil Sangaria, Distt. Hanumangarh (Raj.)

4. Prithvi Singh S/o Shri Thakar Singh, aged about 59 Years, R/o Ward No. 25 Opp. Home Science College, Sangaria Tehsil Sangaria Distt. Hanumangarh (Raj.)

(3 of 4) [CW-3648/2020]

5. Raji Ram S/o Shri Devi Ram, aged about 59 Years, R/o Chak 16 AMP Amarpura Jalu Khat Phed, Tehsil Sangaria Distt. Hanumangarh (Raj.)

6. Sadhu Singh S/o Shri Chetan Ram, aged about 59 Years, R/o Ward No. 20, Sangaria Tehsil Sangaria, Distt. Hanumangarh (Raj.)

----Petitioners Versus

1. State of Rajasthan through Secretary, Public Health Engineering Department, Government of Rajasthan, Jaipur.

2. The Chief Engineer (Administration), Public Health Engineering Department, Government of Rajasthan, Jaipur.

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

4. The Assistant Engineer , Public Health Engineering Department, Sub Division Sangaria, Hanumangarh (Raj.)

5. The Deputy Director, Pension And Pensioners Welfare Department, Government Of Rajasthan, Bikaner.

----Respondents

For Petitioner(s) : Mr. C.S. Bissa. For Respondent(s) : Mr. Pankaj Sharma, AAG Ms. Anjana Jawa & Mr. Ravi Panwar.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

11/02/2022

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

(4 of 4) [CW-3648/2020]

30.10.2017, which was the basis for passing of the impugned

orders, was challenged and therefore, the present writ petitions

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.