Rajasthan High Court
Braj Raj Singh S/O Shri R.B. Lal vs State Of Rajasthan (2024:Rj-Jp:15476) on 2 April, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:15476]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4673/2024
1. Braj Raj Singh S/o Shri R.b. Lal, Aged About 68 Years,
R/o 42-C, Vardhaman Nagar, Ajmer Road, Shayam Nagar,
Jaipur, Rajasthan. (Retired From The Post Of - Assistant
Office Supritendent, Food And Civil Supplies Department)
2. Chhaya Saxena W/o Shri Mohan Bahudar Saxena, Aged
About 67 Years, R/o 87, Shakti Nagar, Gopalpura, Gandhi
Nagar, Jaipur, Rajasthan (Retired From The Post Of - Clerk
Grade-I, Food And Civil Supplies Department).
3. Bhag Chand Bairwa S/o Shri Chhaju Ram, Aged About 74
Years, R/o 68, Roop Nagar-2, Near Mahesh Nagar, Tonk
Phatak, Gandhi Nagar, Jaipur, Rajasthan. (Retired From
The Post Of E.o., Food And Civil Supplies Department).
4. Padam Chand Pingoliya S/o Shri Kesar Lal, Aged About 67
Years, R/o B-103, Mahesh Nagar, Gandhi Nagar, Jaipur,
Rajasthan (Retired From The Post Of Asst. Admn. Officer,
Food And Civil Supplies Department).
5. Mohan Singh Shekhawat S/o Balu Singh Shekhawat, Aged
About 71 Years, R/o B-12, Singh Bhoomi Colony, Behind
Marudhar Hospital, Khatipura Road, Kahtipura, Jhotwara,
Jaipur, Rajasthan. (Retired From The Post Of Office
Assistant, Food, Civil Supplies And Consumer Affairs
Department).
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Finance, Government Secretariat, Jaipur.
2. The Director, Treasury And Accounts Department,
Rajasthan At Jaipur, Rajasthan.
3. The Director, Directorate Of Pension And Pensioners
Welfare, Jaipur, Rajasthan.
4. The Secretary, Food And Civil Supplies Department,
Rajasthan, Jaipur, Rajasthan.
5. Deputy Commissioner And Joint Secretary, Food And Civil
Supplies Department, Rajasthan, Jaipur, Rajasthan.
6. District Food Officer, Food, Civil Supplies And Consumer
Affairs Department, Rajasthan, Jaipur, Rajasthan.
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[2024:RJ-JP:15476] (2 of 4) [CW-4673/2024]
7. Deputy Commissioner And Joint Secretary, Food, Civil
Supplies And Consumer Affairs Department, Rajasthan,
Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vikas Jakhar
For Respondent(s) : Mr. S.S. Naruka, AAG
HON'BLE MR. JUSTICE SAMEER JAIN
Order
02/04/2024
1. Learned counsel for the petitioners submits that the issue
involved in the present matter is no more res integra in view of
judgment of Division Bench of this Court in the case of Ramesh
Chander Gupta vs. State of Rajasthan & Ors. (D.B. Civil Writ
Petition No. 2800/2021; decided on 17.10.2023). It is
further submitted that in similar facts and circumstances, the
order of the Division Bench has also been followed by Co-ordinate
Bench in the case of Ramesh Chand vs. State of Rajasthan &
Ors. (S.B. Civil Writ Petition No. 19121/2023; decided on
07.12.2023).
2. Learned counsel for the respondents does not dispute the
fact that the issue, as raised in the present writ petition, is similar
to Ramesh Chander Gupta (supra). However, it is contended
that the petitioners have approached the Court at a belated stage.
3. Heard.
4. The fact that the issue involved is covered by Division Bench
of this Court in case of Ramesh Chander Gupta (supra)
remains undisputed. The contention that the petitioners have
[2024:RJ-JP:15476] (3 of 4) [CW-4673/2024]
approached the Court with a little delay is of no relevancy in the
facts and circumstances as matters of salary and pension have a
recurring cause of action, as was held by the Hon'ble Supreme
Court in Rushibhai Jagdishbhai Pathak vs. Bhavnagar
Municipal Corporation: 2022 (4) SLR 862 (SC).
5. In the case of Ramesh Chander Gupta (supra), Di-vision
Bench of this Court inter-alia while referring to orders passed in
Union of India & Ors. vs. Manohar Lal & Ors. (D.B. Civil Writ
Petition No.5445/2022; decided on 07.08.2023) & the
Commissioner, Kendriya Vidyalaya Sangathan & Anr. vs.
Ram Karan Bhakar & Ors. (D.B. Civil Writ Petition
No.4139/2022) as well as judgment of Hon'ble Supreme Court
in the case of The Director (Admn. and HR) KPTCL & Ors. vs.
C.P. Mundinamani & Ors.: 2023 SCC OnlineSC 401 has
passed the following directions:-
"It is also brought to the notice of this Court that
Special Leave Petition (C) No.3420/2023 and Special
Leave Petition (C) No.1001/2023 have also been dis-
posed off on 19.05.2023. A copy of orders dated
11.04.2023 and 19.05.2023 passed by Hon'ble
Supreme Court have also been placed on record.
Therefore, the present petitions are also disposed off
on the same terms with direction to the respondents
to consider the claim of the petitioners and pass ap-
propriate orders and other consequential benefits as
per their entitlement. Whatever amount is found
payable be also released within a period of one month.
Accordingly, the present petitions are dis-posed of."
6. In light of the subsequent developments and the change in
legal position, the petitioner shall be at liberty to file a detailed
representation before the concerned authority within a period of
10 days, which shall be adjudicated upon by the said authority
within a further period of 60 days, after having effectuated
[2024:RJ-JP:15476] (4 of 4) [CW-4673/2024]
compliance with the principles of natural justice and also, the law
applicable.
7. In light of the aforesaid, the instant petition is disposed of.
Pending applications, if any, stand disposed of.
(SAMEER JAIN),J
DEEPAK/42
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