Rajasthan High Court
Kailash Chand Saini S/O Sh. Laxmi ... vs State Of Rajasthan on 23 May, 2022
Bench: Manindra Mohan Shrivastava, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No.7615/2022
1. Kailash Chand Saini S/o Sh. Laxmi Chand Saini, R/o
Maliyo Ka Mohalla, Mohanpura, P.o. Indergarh District
Bundi.
2. Dungarlal Prajapat S/o Sh. Kamalji Prajapat, V And P
Village Garamoraiya, District Dungarpur (Raj.)
3. Dwarkia Prasad Sharma S/o Sh. Chhote Lal Sharma, R/o
81/190, Sector No. 08, Behind B.s.n.l. Office, Pratap
Nagar, Sanganer, Jaipur.
4. Rameshwar Prasad Sharma S/o Sh. Radheshyam Shastri,
R/o House No. 5B Shanti Colony, Opposite Airport,
Sanganer, Jaipur.
5. Dharmi Lal Kansara S/o Sh. Kanhaiya Lal Kansara, R/o B-
352, Punarwas Colony Sangwara District Dungarpur.
6. Krishna Kansara S/o Sh. Arvind Kansara, R/o Block B
Ward No. 04, Sangwara District Dungarpur.
7. Jayesh Kumar Kansara S/o Sh. Jayanti Lal Kanchara, R/o
Ward No. 04, Punarwas Colony, Sangwara District
Dungarpur.
8. Arjun Lal Baranda S/o Sh. Lalu Baranda, R/o Ward No 10,
Mukam Badod Post Gada Moriya, Garamoriya District
Dungarpur.
9. Gotam Lal Patidar S/o Sh. Nath Ji Patidar, R/o Village
Takrda, Tehsil Sagwada District Dungarpur.
10. Lal Chand Parmar S/o Sh. Thana Ji Parmar, R/o Ward No.
28, Near Gurudwara, New Colony, Dungarpur District
Dungarpur.
11. Mohan Lal Dendor S/o Sh. Veshat Ji Dendor, R/o Ward No.
03, Mukam Titawa, Post Kokapur, Adiwashi Mohalla,
Bhankota District Dungarpur.
12. Hari Prasad Dave S/o Sh. Chhavi Lal Dave, R/o 2/52,
Shivaji Nagar, Dungarpur District Dungarpur.
13. Velji Bunker S/o Sh. Dhulji Bunker, R/o Ward No. 11,
Mukam Post Jethana Via Bhlvda, Tehsil Sagawara,
Jethana District Dungarpur.
14. Jai Prakash Yadav S/o Sh. Nathu Yadav, R/o Varda,
Mukam Post Varda Via Sagwara District Dungarpur.
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15. Karu Lal Yadav S/o Sh. Kachru Yadav, R/o Ward No. 07,
Yadav Basti Mukam Post Kokapur Via Bhanrota, Tehsil
Sagwara District Dungarpur.
16. Dayaram Roat S/o Sh. Manaji Roat, R/o Ward No. 07,
Chatravas Fala Mukam Post Nokna, District Dungarpur.
17. Ratan Lal Yadav S/o Sh. Valaji Yadav, R/o Ward No. 02,
Vpo Varada, Post Varada, Thakarda District Dungarpur.
18. Kanhaiya Lal Sharma S/o Sh. Ram Shanker, R/o 3/6, Mahi
Colony, Kushalgarh District Banswara.
19. Kumud Chandra Dwivedi S/o Sh. Deo Shankar Dwivedi,
R/o Ward No. 04, Brahman Mohalla, Mukam Udaiya Post
Silohi Vaya Galiyakot, Siloi District Dungarpur.
20. Shashikant Sharma S/o Sh. Ram Shankar Sharma, R/o
Ward No. 04 Punawas Colony, Sagwara Near Girls School,
Sagwara District Dungarpur.
21. Kanta Devi Shah W/o Sh. Manmal Shah, R/o 55 Kheda
Temba Dadooka District Banswara.
22. Devendra Kumar Choubisa S/o Sh. Udai Lal Choubisa, R/o
B-322 Punawas Colony, Sangwara District Dungarpur.
23. Rajendra Kumar Jain S/o Sh. Manohar Lal Jain, Aged
About 65 Years, R/o Village Tokda, District Bundi (Raj.)
24. Nanak Chand Verma S/o Sh. Devi Lal, R/o Ward No. 7
Regaro Ka Mohalla, V And Po Karwar Via Indergarh
District Bundi.
25. Krishan Kumar Sharma S/o Sh. Chiranjivi Lal Sharma,
R/o 225 Kirshna Kunj, Mitra Niwas Colony, Kishangarh
District Ajmer.
26. Bihari Lal Sharma S/o Sh. Baijnath Sharma, R/o 330/10,
Sundar Vilas Ward No. 10 Ajmer District Ajmer.
27. Sushil Kumar Sharma S/o Sh. Harsahay Sharma, R/o C-
D, 243, Shri Dadu Dayal Nagar, Muhana Mandi Road,
Kalyanpura, Jaipur.
28. Brajesh Kumar Mudgal S/o Gopal Ram Sharma, R/o 104,
Shiv Choudhary Nagar, Mansarovar, Jaipur.
29. Patta Singh Solanki S/o Sh. Udai Singh, R/o 3-F-26,
Talwandi Anandpura @ Phoota Talab, Kota.
30. Veena Audhichya W/o Sh. Anil Kumar Audichya, R/o A-
551, Near Maheshwari Public School, Shri Nath Puram,
Engineering College Kota.
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31. Manjul Kumar Tripathi S/o Sh. Radhaballabh Tripathi, R/o
400, Tripathi Sadan, Behind Neel Kanth Mahadev Temple
Retwali District Kota.
32. Satyanarayan Sharma S/o Sh. Prahlad Lal Sharma, R/o
Kajiyo Ka Chok, Chauth Ka Barwara, Chauth Ka Barwara
District Sawaimadhopur.
33. Laxmanram Sargara S/o Sh. Dharma Lal Saragara, R/o
H.no. 1/234, Housing Board Colony, Sirohi District Sirohi.
34. Ratan Lal Purohit S/o Sh. Chiman Lal Purohit, R/o 205,
Tankriya Gali No. 01 Sirohi, District Sirohi.
35. Kapoor Chand Mali S/o Sh. Hansaram Mali, R/o 100 Dr.
Sampurnand Colony, Sirohi District Sirohi.
36. Mohabbat Singh Solanki S/o Sh. Anar Singh Solanki, R/o
Aabkari Road, Abu Road, Sirohi District Sirohi.
37. Bhim Chand Lakhara S/o Sh. Poonam Chand Lakhar, R/o
Lakharon Ka Bas, Reodar District Sirohi.
38. Kalu Ram Kumhar S/o Sh. Dhuva Ram Kumhar, R/o
Village Sutharo Ka Vass, V And Po Rampura District
Sirohi.
39. Bhagwan Das S/o Sh. Deva, R/o 12 Maa Jawala Apan
Ghar Colony, Kesarganj, Abu Road, District Sirohi.
40. Manohar Singh Rathore S/o Sh. Sumer Singh, R/o
Sakdada, P.o. Channod, Via Rani District Pali.
41. Gajendra Singh Goyal S/o Sh. Gulab Singh Goyal, R/o
Sardul Colony, Sernesawar Road, Sirohi District Sirohi.
42. Chunni Lal Kumhar S/o Sh. Ram Lal Kumhar, R/o Ward
No. 07, Near Saintpaoul Serkil, Sirohi District Sirohi.
43. Chhagan Lal Suthar S/o Sh. Chunni Lal Suthar, R/o
Magariwara, Tehsil Reodar District Sirohi.
44. Kasim Khan S/o Sh. Akbar Khan, R/o Meeno Ka Was, N.h.
14 Ke Pass, Jhadoli District Sirohi.
45. Narayan Singh Bhati S/o Sh. Dharm Singh Bhati, R/o 216
Rebari Vas Marol V And P Posirohi District Sirohi.
46. Dalpat Singh S/o Sh. Kishan Singh, R/o Rajputo Ka Was,
Ramsar District Barmer.
47. Shankar Lal Bhati S/o Sh. Punam Ram Bhati, R/o Village
And Post Reodar District Sirohi.
48. Hari Lal Mali S/o Sh. Kupa Ram Mali, R/o Near Housing
Board 4, Hari Om Nagar, Sirohi District Sirohi.
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49. Narendra Kumar Khatri S/o Sh. Vijay Raj Khatri, R/o 62
Bhatakada Hunuman Mandir Ke Pass, Ward Bno. 12,
Sirohi District Sirohi.
50. Indra Singh Sindhal S/o Sh. Kistur Singh, R/o 26 Sainik
Vas Sirohi District Sirohi.
51. Bhawani Singh Chouhan S/o Sh. Ganpat Singh, R/o
Sardulpura, Sarneswar Road, Sirohi District Sirohi.
52. Tej Singh Solanki S/o Sh. Ganpat Singh Solnaki, R/o 238
Mahakali Nagar Sirohi District Sirohi.
53. Varda Ram Bhand S/o Sh. Poonma Bhand, R/o Wasan Via
Reodar District Sirohi.
54. Narayan Singh S/o Sh. Anop Singh, R/o Maliseri, P.o.
Sanwara, R/o Sabwara Sirohi District Sirohi.
55. Om Prakash Jeengar S/o Sh. Sawa Ram, R/o 1/371,
Rajasthan Housing Board, Near Pwd Colony, Sirohi District
Sirohi.
56. Ramji Patidar S/o Sh. Velji Patidar, R/o Ward No. 09,
Mukam Post Chitri Post Chitri Tehsil Sagwada District
Sirohi.
57. Dhaneshwar Patidar S/o Sh. Pemji Patidar, R/o Ward No.
08, Bhemai, Cheentri, Dungarpur District Dungarpur.
58. Kamalshankar Suthar S/o Sh. Motiram Suthar, R/o Ward
No. 05, Punarwas Colony, Sagwara District Dungarpur.
59. Banshi Lal Patidar S/o Sh. Kamji Patidar, R/o Post Bhemai
Via Chitri District Dungarpur.
60. Narayan Lal Patidar S/o Sh. Dhanji Patidar, R/o Mukam
Post Bhemai, Via Chitri District Dungarpur.
61. Lahariya Ram Suthar S/o Sh. Kheema Ram Suthar, R/o
Shiv Nagar Colony, Gram Post Sirohi District Sirohi.
62. Ramesh Lohar S/o Sh. Chhoga Lal Lohar, R/o Housing
Board Colony Gram Post Sirohi District Sirohi.
63. Krishanchandra Sharma S/o Sh. Phoolchand Sharma, R/o
Kachari Main Market, Gathwari District Jaipur.
64. Kailashchand Sharma S/o Sh. Prabhudayal Sharma, R/o
Joshi Mohalla, Gram Post Gathwari District Jaipur.
65. Padam Singh Rathore S/o Sh. Chand Singh, R/o
Panchayat Samiti Aawas, Gram Sakdara, Post Chanod
District Pali.
66. Shashikant Garg S/o Sh. Krishandev Garg, R/o Saket
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Nagar, House No. 04/108, Housing Board Beawar District
Ajmer.
67. Kedar Prasad Sharma S/o Sh. Omprakash Sharma, R/o
Plot No. 91, Shankar Nagar Vistar, Kagdiwada, Brahmpuri,
Jaipur.
68. Kevji Patidar S/o Sh. Ratan Ji Patidar, R/o Village And Post
Chokhala, Via Badodiya District Banswara.
69. Loveji Patidar S/o Sh. Mog Ji Patidar, R/o Village And Post
Pindarma, Tehsil Bagidora, District Banswara.
70. Chandra Kant Suthar S/o Sh. Umiya Shanakar Suthar, R/o
Village And Post Chhindal (Gandhi Murti), Tehsil Bagidora
District Banswara.
71. Tajeng Patidar S/o Sh. Amar Ji Patidar, R/o Village And
Post Chokhata, Via Badodiya, District Banswara.
72. Umiya Shankar Joshi S/o Sh. Gebi Lal Joshi, R/o Village
And Post Sundanpur, District Banswara.
73. Nathu Lal Patidar S/o Sh. Lalji Patidar, R/o Village And
Post Lodha, District Banswara.
74. Manni Lal Joshi S/o Sh. Jagannath Joshi, R/o Brahman
Mohalla, Gram And Post Sundarpur District Banswara.
75. Velji Patidar S/o Sh. Dhoolji Patidar, R/o Village And Post
Bhapalda, Tehsil Gadhi Malada District Banswara.
76. Ravindra Kumar Sharma S/o Sh. Vijay Dev Sharma, R/o
303/45, Gulab Bari, Ajmer District Ajmer.
77. Kanti Lal Kumhar S/o Sh. Dharma Ji, R/o Doctor
Sampurnanand Colony, Gram Post Sirohi District Sirohi.
78. Narendra Kumar Sharma S/o Sh. Jagdish Prasad Sharma,
R/o G-1/42, Tarun Marg, Tilak Nagar, Jawahar Nagar,
Jaipur.
79. Ashok Kadel S/o Sh. Chatursen Kadel, R/o 13/222, Ghee
Mandi, Naya Bazar, Ajmer District Ajmer.
80. Jaiprakash Mishra S/o Sh. Ramdayal Mishra, R/o D/52,
Prem Colony Nehru Nagar, Panipech, Jhotwara, Jaipur.
81. Mohan Lal Rawal S/o Sh. Taraji Rawal, R/o Gram Paldi-R,
Post Rampura District Sirohi.
82. Vimlesh Kumar Pandya S/o Sh. Manishankar, R/o Gram
Post Khadgada District Dungarpur.
83. Tarun Kumar Joshi S/o Sh. Ganesh Ram Joshi, R/o Gram
Joshiwas, Marol, Tehsil Reodar District Sirohi.
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84. Gayatri Devi W/o Sh. Tej Singh Rathore, R/o Gram And
Post Sadulpura Walon Ka Sivohi District Sirohi.
85. Ratta Ram Meghwal S/o Sh. Achalaz Ram, R/o Bejnath
Nagar Kalandri, Gram Post Kalandri District Sirohi.
86. Ravindra Kumar Sharma S/o Sh. Vijay Dev Sharma, R/o
303/45, Gali No. 01 Near Govt. Girls Sr. Sec. School,
Gulab Badi, Ajmer District Ajmer.
87. Narendra Kumar Sharma S/o Sh. O.p. Sharma, R/o G-
1/c-42, Tarun Marg, Tilak Nagar, Jaipur.
88. Jai Prakash Mishara S/o Sh. Ramdayal Mishra, R/o D-52,
Prem Colony, Nehru Nagar Jaipur.
89. Mohan La Rawal S/o Sh. Tara Ram Rawal, R/o Rawalo Ka
Bas, Palri, R. Palri Sirohi.
90. Vimlesh Pandya S/o Sh. Mani Shankar Pandya, R/o Bhatt
Mewara, Mohalla, Khadgd, Khargada, Dungarpur.
91. Tarun Kumar Joshi S/o Sh. Ganesh Ram, R/o Joshi Vas,
Marol, Sirohi.
92. Prahlad Chand Bairwa S/o Sh. Rang Lal Bairwa, R/o In
Front Of New Bus Stand, Near Bypass, Bambor Road,
Tonk.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Civil
Secretariat, Janpath, Jaipur (Raj.).
2. Department Of Finance, Through Its Additional Chief
Secretary, Government Of Rajasthan, Civil Secretariat,
Janpath, Jaipur (Raj.).
3. Director, Pension And Pensioners Welfare, Government Of
Rajasthan, Jyoti Nagar, Jaipur-15 (Raj.).
----Respondents
For Petitioner(s) : Mr. M.S. Saharan, Advocate
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE SAMEER JAIN
Order
23/05/2022
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Heard on admission.
The scheme under the Rules denying actual benefits prior to
1st of October, 2017 to those who retired before 01.10.2017, has
been challenged as illegal and arbitrary.
This issue was considered by Division Bench of this Court at
Principal Seat, Jodhpur in D.B. Civil Writ Petition
No.13042/2019 (Shyam Sunder Joshi Versus State of
Rajasthan & Others and other connected writ petitions)
wherein this Court has declined challenge to the notifications
prescribing cut off date of 01.10.2017 and upholding action of the
respondent-authorities in denying actual benefits to those, who
had retired prior to 01.10.2017 though upholding notional
benefits.
The factual premise on which the order was passed in the
aforesaid decision is as below:-
"The submission of learned counsel for the
petitioners in these petitions is that the pay
commission recommended revision of pay and
consequently, pension was also required to be revised
proportionately with effect from the date from which
revision was recommended for being effective i.e. from
01.01.2016.
Further, it is argued that only notional benefits
from 01.01.2016 has been granted in that matter or in
the revision of pensionary benefits by carrying out
amendment in Rule 55 of the Pension Rules where
actual benefits have been denied in respect of period
from 01.01.2016 to 31.12.2016.
It is submitted by learned counsel for the
petitioners that the fixation of cut off date for grant of
actual date (01.01.2017), is arbitrary, erroneous and
not on the basis of any material, but it has been fixed
only with the object to deny legimate claim of the
pensioners.
Learned counsel for the petitioners further
argued that the reply filed by the State is
conspicuously silent with regard to the operative
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reason for not giving effect to the recommendation of
the Pay Commission from 1.1.2016 in the matter of
granting actual benefits. As a result of such arbitrary
fixation of cut off date for the purpose of granting of
actual benefits, the petitioners have been deprived of
material benefits, which they would have earned as
pensionary benefits after their retirement prior to
31.12.2017."
The reply of the State was also noted as below:-
"Learned Additional Advocate General, referring to
the averments made in the reply, stated that the
anomalies in the matter of implementation of the
recommendation of the Pay Commission were
examined by a Committee constituted by the
Government and upon recommendation made by the
Committee, amendments were carried out by issuing
notification and in such manner the notional benefits
were granted from 01.01.2016, but the actual benefits
would be payable with effect from 01.01.2017.
According to the learned State's counsel earlier
cut off date was provided 01.10.2017, which was later
on changed and was preponed to 01.01.2017. While
relying upon earlier decision of this Court in the case of
D.B. Revision Petition No.256/2011 (Government of
Rajasthan & Ors. Vs. Om prakash Mathur) and various
decisions of the Supreme Court referred therein, he
submitted that grant of actual benefits in the matter of
implementation of revised of pay scale is essentially a
policy decision having financial impact. The decision of
the State in framing policy which is having financial
impact could not be interfered with only because the
fixation of cut off date deprived actual benefits to some
of the beneficiaries including the persons like
petitioners.
According to him, in such cases, in the absence of
their being any unreasonableness, irrationality or
manifest arbitrariness, interference may not be called
for. He would submit that earlier also when there was
an occasion to examine the correctness of the cut off
date in the matter of implementation of
recommendation of 5th Pay Commission, similar
arguments were considered and rejected by this Court."
Taking into consideration that similar issue had come up for
consideration earlier also and that as far as actual benefits are
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concerned, the reasons assigned by the State for not granting
actual benefits w.e.f. 01.01.2016 are acceptable, it was held as
below:-
"After hearing learned counsel for the parties and going
through the record, we find that the contention raised by the
petitioners is essentially seeking to challenge cut off date in the
matter of implementation of the recommendation of pay
commission in so far as actual benefits are concerned.
Indisputably, the recommendation of the pay commission have
been implemented notionally w.e.f. 01.01.2016. However, the date
for grant actual benefits was earlier fixed as on 01.10.2017, which
after further consideration was made effective from 01.01.2017
and finally it was approved.
Similar issue had come up for consideration in the case of
Government of Rajasthan Vs Om Prakash Mathur (DB Review
Petition No.256/2011, decided on 3.11.2017 wherein the
coordinate Bench of this Court observed as under:-
"We find that the same learned Single Judge,
in a decision dated August 26, 2002, dismissing a
batch of writ petitions, lead matter being S.B. Civil
Writ Petition No.2868/1998, Ramji Lal Sharma &
Ors. Vs State of Rajasthan & Ors., noted the law
declared by the Supreme Court in the decisions
reported as (1994) 2 SCC 729, State of U.P. Vs.
U.P. University Colleges pensioners Association,
(2003) 3 SCC 733, State of Punjab Vs. Boota
Singh and (1995) 2 SCC 117, State of Rajasthan
Vs. Sevanivatra Karamchari Hitkari Samiti to hold
that policy formulation and an articulation or
change therein is a prerogative of the State
Government. The Court can only interfere with the
policy decision when it is either unreasonable or
arbitrary. The learned Single Judge has held that
as per law declared in said judgments it is open to
the Government to decide, having regard to the
budgetary provision, as to what should be a cut off
date fixed for grant of financial benefits. The
learned Single Judge concluded that the condition
as per the notification was valid considering the
financial implication which would be upon the
State if the benefits were conferred from an earlier
date.
11. Not only we find good reasons given by same
learned Single Judge in the decision dated
26.08.2002, but independently thereof, find that
no discrimination has resulted as a result of the
policy decision. All Government servants who
superannuated on or before 31.12.1996 were paid
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pension in the revised pay scales with effect from
01.01.1997.
12. For purposes of commutation of pension the
salary received in the pre-revised scale was
treated as the basis. Of course, pay scales of the
Government servants were revised on 01.01.1996,
but no arrears were paid from 01.01.1996 to
31.12.1996. Thus, all Government servants were
treated at par."
Considering that the similar issue has also been dealt with
and decided by this Court previously relying upon various decision
of Hon'ble Supreme Court, we do not find any ground to interfere
with the decision taken by the Government in the matter of
implementation of recommendation of pay commission granting
actual benefits from 01.01.2017 to the category to which the
petitioners belong.
These petitions are accordingly dismissed."
The review petition in the said case has also been dismissed
by the Division Bench at Principal Seat, Jodhpur in D.B. Review
Petition (Writ) No.107/2022 (Koja Ram Vishnoi Versus
State of Rajasthan & Others) vide order dated 19.05.2022.
In view of above, no relief can be granted to the petitioners
and the petition is, therefore, dismissed.
(SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Karan/27
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