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Rajendra Singh vs The State Of Rajasthan ...
2023 Latest Caselaw 7055 Raj

Citation : 2023 Latest Caselaw 7055 Raj
Judgement Date : 12 September, 2023

Rajasthan High Court - Jodhpur
Rajendra Singh vs The State Of Rajasthan ... on 12 September, 2023
Bench: Dinesh Mehta

[2023:RJ-JD:29085]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 9542/2020

1. Rajendra Singh S/o Shri Pritam Singh, Aged About 58 Years, By Caste Rajput, Resident Of Phed Office, Tibbi, Tehsil Tibbi, District Hanumangarh (Raj.).

2. Badri Prasad S/o Shri Duli Chand, Aged About 59 Years, By Caste Suthar, Resident Of Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Raj.).

3. Shyokaran S/o Shri Kalu Ram, Aged About 59 Years, By Caste Nayak, Resident Of 2Ksp, Tehsil Tibbi, District Hanumangarh (Raj.).

4. Ram Kumar S/o Shri Birbal Ram, Aged About 55 Years, By Caste Jat, Resident Of Umewala, Tehsil Pilibanga, District Hanumangarh (Raj.).

5. Imilal Godara S/o Shri Badri Ram, Aged About 50 Years, By Caste Jat, Resident Of Umewala, Tehsil Pilibanga, District Hanumangarh (Raj.).

----Petitioners Versus

1. The 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, Subdivision Tibbi, Dist Hanumangarh.

5. The Assistant Engineer, Public Health Engineering Department, Subdivision Pilibanga, Dist Hanumangarh.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 1152/2020

1. Prantiya Nal Majdoor Union (Intuc), Rajasthan, (Registration No. Rtu - 22/2011, Affiliation No. Iv/12794), Phalodi Branch Through Its General Secretary Shri Nek Mohammad Khan S/o Shri Majidullah Khan, Aged 63

[2023:RJ-JD:29085] (2 of 8) [CW-9542/2020]

Years, Resident Of House No. 66, Masuria, Sector No. 2, Jodhpur.

2. Ramu Ram S/o Shri Gokul Ram, Aged About 51 Years, R/ o Village - Gandhi Sagar, Post - Bhinyasar, Via- Aau, Tehsil Phalodi, District Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary, Finance Department, Government Of Rajasthan, Jaipur.

2. The Principal Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

3. The Additional Director, Pension And Pensioner Welfare Department, Jodhpur.

4. The Deputy Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

5. The Chief Engineer (Administration), Public Health And Engineering Department, Jaipur.

6. The Chief Engineer, Public Health And Engineering Department, Jodhpur Division, Jodhpur.

7. The Superintending Engineer, Public Health And Engineering Department, District Circle, Jodhpur.

8. The Assistant Engineer, Public Health And Engineering Department, Sub-Division City, Phalodi, District Jodhpur.

9. The Assistant Eningeer, Public Health And Engineering Department, Sub-Division Rural, Phalodi, District Jodhpur.

10. The Assistant Engineer, Public Health And Engineering Department, Sub-Division Bap, District Jodhpur.

----Respondents (3) S.B. Civil Writ Petition No. 1257/2020

1. Banshi Lal S/o Shri Deva Ram, Aged About 59 Years, R/o Vpo Pal Village, District Jodhpur, Rajasthan.

2. Jethu Singh S/o Narayan Singh, Aged About 59 Years, R/o Sardarpura School Ke Piche, S.m.b. Colony, Phalodi, District Jodhpur, Rajasthan.

3. Babu Ram S/o Shri Jugta Ram, Aged About 56 Years, R/o Village Newa, Post Kanasar, Via Bap, District Jodhpur, Rajasthan.

[2023:RJ-JD:29085] (3 of 8) [CW-9542/2020]

4. Aman Singh S/o Shri Ganga Singh,, Aged About 59 Years, R/o Vpo Tekra, Tehsil Bap, District Jodhpur, Rajasthan.

5. Neta Ram S/o Shri Jodha Ram, Aged About 52 Years, R/o Vpo Bhinyasar, Via Anu, Tehsil Phalodi, District Jodhpur, Rajasthan.

6. Banshi Lal S/o Shri Uda Ram, Aged About 55 Years, R/o Vpo Dadu, Tehsil Lohawat, District Jodhpur, Rajasthan.

7. Chatur Singh S/o Shri Lakh Singh, Aged About 55 Years, R/o Vpo Denok, Via Moriya, Tehsil Lohawat, District Jodhpur, Rajasthan.

8. Haji Khan S/o Shri Neku Khan, Aged About 59 Years, R/o Vpo Ugrak, Via Remdevra, Tehsil Phalodi, District Jodhpur, Rajasthan.

9. Khetu Lal S/o Shri Babu Lal,, Aged About 52 Years, R/o Vpo Bap, Tehsil Bap, District Jodhpur, Rajasthan.

10. Mangi Ram S/o Jagmal Ram,, Aged About 59 Years, R/o Vpo Kanasar, Via Bap, Tehsil Bap, District Jodhpur, Rajasthan.

11. Binjraj S/o Shri Champa Lal,, Aged About 57 Years, R/o Vpo Kanasar, Via Bap, Tehsil Bap, District Jodhpur, Rajasthan.

12. Bachchan Singh S/o Shri Lal Singh, Aged About 53 Years, R/o Vpo Baru, Via Phalodi, Tehsil Bap, District Jodhpur, Rajasthan.

13. Sarajuddin S/o Shri Meere Khan, Aged About 52 Years, R/ o Vpo Bap (Andasar), Tehsil Bap, District Jodhpur,

14. Abdul Sattar S/o Shri Hasam Khan, Aged About 56 Years, R/o Vpo Ghantiyali, Via Aau, Tehsil Bap, District Jodhpur, Rajasthan.

15. Isu Khan S/o Shri Hasam Khan, Aged About 58 Years, R/o Vpo Ghantiyali, Via Aau, Tehsil Bap, District Jodhpur, Rajasthan.

16. Bal Kishan S/o Shri Aasha Ram, Aged About 59 Years, R/o Vpo Bap, Tehsil Bap, District Jodhpur, Rajasthan.

17. Gopal Singh S/o Shri Bhur Singh, Aged About 59 Years, R/o Vpo Baru, Via Phalodi, Tehsil Bap, District Jodhpur, Rajasthan.

18. Dharmchand S/o Shri Ganga Ram, Aged About 58 Years,

[2023:RJ-JD:29085] (4 of 8) [CW-9542/2020]

R/o Desantariyon Ka Baas, Phalodi, Tehsil Phalodi, District Jodhpur, Rajasthan.

19. Dwarka Ram S/o Shri Kumbha Ram, Aged About 59 Years, R/o Indra Colony, Haji Market, Phalodi, Tehsil Phalodi, District Jodhpur, Rajasthan.

20. Deda Ram S/o Shri Kheta Ram, Aged About 51 Years, R/o Vpo Laxman Nagar, Via Chaadi, Tehsil Bapini, District Jodhpur, Rajasthan.

21. Rewant Singh S/o Shri Surtaan Singh, Aged About 54 Years, R/o Vpo Begri Khurd, Tehsil Phalodi, District Jodhpur, Rajasthan.

22. Bhanwar Ram S/o Shri Bhajna Ram, Aged About 50 Years, R/o Vpo Khidrat, Tehsil Bap, District Jodhpur, Rajasthan.

23. Anop Singh S/o Shri Aman Singh, Aged About 59 Years, R/o Vpo Kan Singh Ki Siddh, Tehsil Bap, District Jodhpur, Rajasthan.

24. Shankar Lal S/o Shri Budha Ram, Aged About 59 Years, R/o Vpo Chimana, Via Aau, Tehsil Bap, District Jodhpur, Rajasthan.

25. Ramdev Joshi S/o Shri Dhuda Ram, Aged About 54 Years, R/o Vpo Manewada, Tehsil Chaadi, Tehsil Bap, District Jodhpur, Rajasthan.

26. Sukh Ram S/o Shri Birbal Ram, Aged About 57 Years, R/o Vpo Lohawat Dabarnagar, Tehsil Lohawat, District Jodhpur, Rajasthan.

27. Raja Ram S/o Shri Balwanta Ram, Aged About 46 Years, R/o Vpo Dabar Vishnoiyo Ka Baas, Lohawat, Tehsil Lohawat, District Jodhpur, Rajasthan.

28. Bhoma Ram S/o Aidan Ram, Aged About 55 Years, R/o Vpo Bap, Maliyon Ka Baas, Tehsil Bap, District Jodhpur, Rajasthan.

29. Bhanwari Devi W/o Deda Ram, Aged About 58 Years, R/o Vpo Bhojasar, Via Aau, Tehsil Phalodi, District Jodhpur, Rajasthan.

30. Udai Singh S/o Shri Tiku Singh, Aged About 53 Years, R/o Vpo Badi Sid, Tehsil Bap, District Jodhpur, Rajasthan.

31. Gopi Lal S/o Shri Dema Ram, Aged About 47 Years, R/o

[2023:RJ-JD:29085] (5 of 8) [CW-9542/2020]

Vpo Bhiyasar, Via Aau, Tehsil Phalodi, District Jodhpur, Rajasthan.

32. Arjun Ram S/o Shri Bharmal Ram, Aged About 54 Years, R/o Vpo Dadu, Tehsil Lohawat, District Jodhpur, Rajasthan.

33. Bhanwar Lal Choudhary S/o Shri Moti Ram, Aged About 52 Years, R/o H. No. 31, New Parihar Nagar, Vishveshwar Mahadev Mandir Ke Piche, Bhadwasiya, Jodhpur, District Jodhpur, Rajasthan.

34. Omprakash Gurjar S/o Shri Nandram, Aged About 54 Years, R/o Gali No. 2, Shyam Manohar Nagar, Choupasani, District Jodhpur, Rajasthan.

35. Madan Singh S/o Shri Budha Ram, Aged About 56 Years, R/o Chandpol Choka, Jainarayan Vyas Colony, Hod Ka Marg, Jodhpur, District Jodhpur, Rajasthan.

36. Poker Ram S/o Shri Fusa Ram, Aged About 58 Years, R/o Vpo Rupana Jetana, Jatabas, Lohawat, District Jodhpur, Rajasthan.

37. Babu Ram S/o Gumana Ram, Aged About 57 Years, R/o Shiv Colony, Chandana Bhakar, Jodhpur, District Jodhpur, Rajasthan.

38. Teja Ram S/o Nand Ram Gurjar, Aged About 55 Years, R/o Shyam Manohar Nagar, Gali No. 6, Chopansni, Jodhpur, Rajasthan.

39. Hanuman Ram S/o Heera Ram, Aged About 53 Years, R/o Village Aanganva, Post Surpura, Tehsil Mandore, District Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Principle Secretary, Department Of Finance, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Principle Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Additional Director, Pension And Pensioners' Welfare Department, Jodhpur, District Jodhpur.

4. The Chief Engineer (Administration), Public Health And

[2023:RJ-JD:29085] (6 of 8) [CW-9542/2020]

Engineering Department, Jaipur, District Jaipur, Rajasthan.

5. The Chief Engineer, Public Health And Engineering Department, Jodhpur Division, Jodhpur, Rajasthan.

6. The Superintending Engineer, Public Health And Engineering Department, District Circle, Jodhpur, District Jodhpur, Rajasthan.

7. Executive Engineer, Public Health And Engineering Department, District Division 2Nd Jodhpur, Rajasthan.

8. Executive Engineer, Public Health And Engineering Department, District Division 3Rd Jodhpur, Rajasthan.

9. Executive Engineer, Public Health And Engineering Department, Division Phalodi, District Jodhpur, Rajasthan.

----Respondents (4) S.B. Civil Writ Petition No. 2174/2020 Rajasthan Nahar Rastriya Mazdoor Union, (Intuc) Bikaner, Through Seva Singh Naruka S/o Shri Kalu Ram Ji, Aged 66 Years, Main Office Quarter No. 4/41, Indira Gandhi Nahar Pariyojana Colony, Bikaner (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Irrigation Department, Secretariat, Jaipur (Raj.).

2. The Chief Engineer, Indira Gandhi Nahar Pariyojna, (I.g.n.p.) Bikaner (Raj.).

3. The Additional Director, Pension And Pensioner Welfare Department, Jaipur (Raj.).

4. The Superintending Engineer, Construction And Maintenance Circle, (I.g.n.p.) Phalodi, District- Jodhpur (Raj.).

5. The Executive Engineer, Indira Gandhi Nahar Pariyojna, (I.g.n.p.) 28Th Division, Phalodi, District Jodhpur (Raj.).

6. The Assistant Engineer, Indira Gandhi Nahar Pariyojna, (I.g.n.p.) 28Th Division, Nachna, District Jaisalmer (Raj.).

7. The Assistant Engineer, Indira Gandhi Nahar Pariyojna, (I.g.n.p.), Sub Division I And Ii, Kanwarsen Lift, Lunkaransar, Dist. Bikaner (Raj.).

[2023:RJ-JD:29085] (7 of 8) [CW-9542/2020]

8. The Assistant Engineer, Indira Gandhi Nahar Pariyojna, (I.g.n.p.), Charanwla Ii, Bikampur, Dist. Bikaner (Raj.).

                                                                   ----Respondents


For Petitioner(s)            :    Mr. C.S. Bissa
                                  Mr. Ramendra Singh Saluja
                                  Mr. Abhishek Pareek
                                  Mr. Jogu Singh Bhati
For Respondent(s)            :    Mr. Pankaj Sharma, AAG with
                                  Mr. Deepak Chandak
                                  Mr. Ravi Panwar
                                  Mr. Manish Tak



                       JUSTICE DINESH MEHTA

                                       Order

12/09/2023

1. Mr. Pankaj Sharma, learned Additional Advocate General at

the outset submitted that the issued raised in the present writ

petitions in-principle has been set at rest by the Division Bench of

this Court vide judgment dated 25.11.2021 passed in bunch of

writ petitions, lead case being Santosh Sharma vs. State of

Rajasthan & Ors. (D.B. Civil Writ Petition No. 5920/2021),

whereby a Committee was ordered to be constituted.

2. Mr. Sharma, further submitted that the Committee

constituted pursuant to the Division Bench's direction has taken a

decision in relation to different categories of employees.

3. A photocopy of the note-sheet of the State Government,

which has been produced for perusal of the Court, is taken on

record.

4. On consideration thereof, this Court is of the view that the

petitioners' grievance stands redressed appropriately.

5. The writ petitions are disposed of, accordingly.

[2023:RJ-JD:29085] (8 of 8) [CW-9542/2020]

6. In case, any of the petitioners' grievance still subsists, the

petitioners shall be free to take up appropriate legal remedy

including filing a fresh writ petition.

7. Stay applications also stand disposed of, accordingly.

(DINESH MEHTA),J 53-56-Mak/-

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