Jugal Kishore Pareek vs State Of Rajasthan ...
2023 Latest Caselaw 3036 Raj

[2023/RJJD/010100]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 10899/2020

Jugal Kishore Pareek S/o Late Sh. Nar Narayan Pareek, Aged About 54 Years, By Caste Pareek, Resident Of Panch Devron Ki Galli, Behind Mool Ji Hotel, Inside City, Jodhpur.

----Petitioner

Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Technical Education, Jaipur.

2. Director, Technical Education, Directorate Of Technical Education, Near Polotechnique College, Jodhpur.

3. Joint Director, Ttc And Lrdc, Directorate Of Technical Education, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Shashank Sharma For Respondent(s) : Mr. Manish Vyas, AAG

JUSTICE DINESH MEHTA

Order

13/04/2023

1. The present writ petition has been filed by the petitioner

aggrieved against the implementation of the order dated

14.07.2020 (Annexure-1) as also order dated 30.09.2020

(Annexure-2) and consequential recovery from the petitioner.

2. 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

[2023/RJJD/010100] (2 of 3) [CW-10899/2020]

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).

3. 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."

[2023/RJJD/010100] (3 of 3) [CW-10899/2020]

4. In view of submissions made, the writ petition filed by the

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

given in the case of Santosh Sharma (supra).

(DINESH MEHTA),J 108-Mak/-

Powered by TCPDF (www.tcpdf.org)