Poonam Singh vs State Of Rajasthan
2022 Latest Caselaw 3784 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3699/2022

Poonam Singh S/o Sh. Roop Singh, Aged About 60 Years, Resident Of Plot No. 43, Khasra No. 49, Ghagwan Mahaveer Nagar, Nandari, Banad, 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 Executive Engineer, Central Workshop, Ground Water Department, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Shashank Sharma for Mr. Harish Purohit.

For Respondent(s) : Ms. Anjana Jawa.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

10/03/2022 Ms. Anjana Jawa, learned counsel puts in appearance on

behalf of the respondent Nos. 1 to 3.

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

(2 of 2) [CW-3699/2022]

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."

In view of submissions made, the writ petitions filed by the

petitioner is disposed of in the light and with similar directions as

given in the case of Santosh Sharma (supra).

(ARUN BHANSALI),J 85-Rmathur/-

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