Joint Director Nps, State ... vs Vijay Kumar Sharma S/O Madho ...
2023 Latest Caselaw 355 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Review Petition (Writ) No.3/2023
                                        In
               S.B. Civil Writ Petition No.10145/2018

1.     Joint Director NPS, State Insurance and Provident Fund
       Department, Jaipur, Rajasthan.
2.     Joint   Director,       State    Insurance       and      Provident   Fund
       Department, Chittorgarh, Rajasthan.
                                                                   ----Petitioners
                                   Versus
Vijay Kumar Sharma S/o Madho Bihari Sharma, Presently Lower
Divisional Clerk, District Magistrate, Jaipur Metropolitan, R/o At
B-155, Ganesh Nagar, Behind of Moti Doongri, Jaipur, Rajasthan.
                                                                  ----Respondent

For Petitioner(s) : Dr.Ganesh Parihar, AAG.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

11/01/2023

The present review petition has been filed by the

petitioners-State for recalling and reviewing the order dated

24.05.2022 passed by this Court in S.B. Civil Writ Petition

No.10145/2018.

Learned counsel for the review petitioners-State

submitted that though this Court has upheld the award dated

12.06.2017 passed by the Permanent Lok Adalat, Jaipur

Metropolitan, Jaipur, however, implication of same would result

into granting benefit to several persons and as such, judgment

passed by this Court needs to be treated as judgment passed in

personam and not as judgment in rem.

(2 of 3) [WRW-3/2023]

Learned counsel for the review petitioners-State further

submitted that the State Government has issued a notification

dated 19.05.2022, whereby, the earlier Old Pension Scheme has

been restored again and New Pension Scheme has been

discontinued.

Learned counsel for the review petitioners submitted

that these aspects of the matter, have not been kept in mind while

passing the order by this Court.

I have heard learned counsel for the review petitioners

and perused the material available on record.

This Court finds that the writ petition filed by the review

petitioners has been decided by considering the facts of that case

and no error has been found in the award passed by the

Permanent Lok Adalat granting relief to the respondent in the writ

petition.

This Court finds that considering the findings of

Permanent Lok Adalat, no ground was made to interfere in the

order and as such, writ petition filed by the petitioner was

dismissed.

This Court makes it clear that the judgment which has

been passed on 24.05.2022 is in respect of individual dispute

which was raised, by an employee, and as such, this Court while

passing the order did not give general directions.

This Court further finds that judgment passed by this

Court dated 24.05.2022 has only decided the rights of the parties,

who were before this Court and the same judgment for all the

purposes is the judgment in personam but not the judgment in

rem.

(3 of 3) [WRW-3/2023]

This Court accordingly disposes of the present review

petition with the aforesaid observations.

(ASHOK KUMAR GAUR), J Himanshu Soni/26

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