Rajasthan High Court

Dr. Om Prakash Poonia S/O Sh. Chhoga Ram ... vs State Of Rajasthan (2024:Rj-Jp:16948) on 9 April, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:16948]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 5286/2024

1.       Dr. Om Prakash Poonia S/o Sh. Chhoga Ram Poonia, Aged
         About 66 Years, R/o 20/139, Kaveri Path, Mansarovar,
         Jaipur-302020.
2.       Rajendra Kumar Sachdeva S/o Sh. Jai Dayal Sachdeva,
         Aged        About   76     Years,      R/o     388, Sardar   Bhagsingh
         Chauraha, Adarsh Nagar, Jaipur-302004
3.       Vijaya Kumari W/o Sh. Leela Krishnan, Aged About 74
         Years, R/o P. No. 16, Jeevan Deep Colony, Road No. 14,
         Vki, Sikar Road, Jaipur-302032.
4.       Dharmendra Prasad Mishra, Son Of Shri Bhagwat Prasad
         Mishra, Aged About 73 Years, R/o 7/224, Malviya Nagar,
         Jaipur-302017
5.       Jai Ram Balani S/o Sh. T.r.balani, Aged About 73 Years,
         R/o 7-Gha-1, Jawahar Nagar, Jaipur-302004
6.       Raj Rani Chauhan W/o Sh. Hanuman Singh Chauhan,
         Aged About 70 Years, R/o 6/245, Malviya Nagar, Jaipur-
         302017.
7.       Madan Lal Nayak S/o Sh. Ganga Ram Nayak, Aged About
         69 Years, R/o H-30, Siddharth Nagar, Gatore, Malviya
         Nagar, Jaipur-302017.
8.       Rameshwar Lal Nagpuria S/o Sh. Mahal Chand Nagpuria,
         Aged About 68 Years, R/o 5/313, Malviya Nagar, Jaipur-
         302017
9.       Mukhtar Ahmed S/o Sh. Sattar Ahmed, Aged About 68
         Years, R/o 4/d/49, Shivalika Apptt., Sect.-4, Indra Gandhi
         Nagar, Jaipur-302017.
10.      Mangal Singh S/o Sh. Chandra Singh, Aged About 68
         Years, R/o 6/231, Malviya Nagar, Jaipur-302017.
11.      Dev Raj Malhotra S/o Sh. Kishan Chand Malhotra, Aged
         About 67 Years, R/o 4/503, Malviya Nagar, Jaipur-
         302017.
12.      Rajendra Kumar Mathur S/o Sh. Prem Narayan Mathur,
         Aged About 67 Years, R/o D-183, Mangal Marg, Bapu
         Nagar, Jaipur-302005.
13.      Suresh Kumar Chetani S/o Sh. Madan Lal Chetani, Aged
         About 67 Years, R/o 119/480, Agarwal Farm, Mansarovar,


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         Jaipur-302020.
14.      Satya Prakash Sharma S/o Sh. Babu Lal, Aged About 67
         Years, R/o 32, Mangal Vihar Ext., Gopalpura Byepass
         Jaipur-302018.
15.      Anil Kumar Malhotra S/o Sh. Youdhishter Raj Malhotra,
         Aged About 66 Years, R/o 53/10, V.t.road, Mansarovar,
         Jaipur-302020.
16.      Amar Chand Tailor S/o Sh. Narayan Lal Tailor, Aged About
         66 Years, R/o 1/627, Malviya Nagar, Jaipur-302017.
17.      Nemi Chand Githala S/o Sh. Tulsi Ram Githala, Aged
         About       65    Years,      R/o     1/197,       Sfs       ,   Agarwal    Farm,
         Mansarovar, Jaipur-302020.
18.      Gopal Lal Bairwa S/o Sh. Kalu Ram, Aged About 65 Years,
         R/o P.no.a-33, Bajaj Nagar, Jaipur-302015.
19.      Ishwar Rangnani S/o Sh. Narayan Dass, Aged About 65
         Years, R/o 161, Basant Vihar Colony, Gopalpura Mod,
         Tonk Road, Jaipur-302018.
20.      Ram Pal Kumawat S/o Sh. Heera Lal Kumawat, Aged
         About 65 Years, R/o 104/22, Mansarovar, Jaipur-302020.
21.      Gopal Lal Nayak S/o Sh. Bodu Ram Nayak, Aged About 65
         Years,      R/o     163/360-361,             Pratap          Nagar,    Sanganer-
         302023.
22.      Mukesh Chandra Gupta S/o Sh. Parmoli Ram Gupta, Aged
         About 65 Years, R/o 21/249, Kaveri Path, Mansarovar,
         Jaipur-302020.
23.      Rajendra Kumar Gupta S/o Sh. Ram Pal Gupta, Aged
         About 65 Years, R/o 71/266, Mansarovar, Jaipur-302020.
24.      Murari Lal Garg S/o Sh. Mool Chand Garg, Aged About 64
         Years, R/o 1/36, Malviya Nagar, Jaipur-302017.
25.      Rajendra Kumar Jain S/o Sh. Paras Chand Mehta, Aged
         About 64 Years, R/o 103/53, Tilak Marg, Patel Marg,
         Mansarovat, Jaipur-302020.
26.      Hari Dutt Sharma S/o Sh. Rameshwar Prasad Sharma,
         Aged About 64 Years, R/o 104/43, Agarwal Farm,
         Mansarovar, Jaipur-302020.
27.      Devi Sharan Gupta S/o Sh. Dwarka Prasad Gupta, Aged
         About 64 Years, R/o 21/250, Kaveri Path, Mansarovar,
         Jaipur-302020.


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28.      Om Prakash Mathur S/o Sh. R.d.mathur, Aged About 64
         Years, R/o 88, Sch. No. 2, Jai Jawan Colony, Tonk Road,
         Jaipur-302018.
29.      Harish Chand Khulkoti S/o Sh. Durga Dutt Khulkoti, Aged
         About 63 Years, R/o 6/241, Malviya Nagar, Jaipur-
         302017.
30.      Neera Mathur W/o Sh. Rajesh Narayan Mathur, Aged
         About 63 Years, R/o 65/75, Heera Path, Mansarovar,
         Jaipur-302020.
31.      Anjana Sharma W/o Sh. Ashok Sharma, Aged About 63
         Years, R/o 329, Gurunanak Pura, Adarsh Nagar, Jaipur-
         302004.
32.      Niranjan Singh Sanwal S/o Sh. Kamal Singh, Aged About
         63 Years, R/o 6/211, Malviya Nagar, Jaipur-302017.
33.      Jagdish Narayan Sharma S/o Sh. Chanda Lal Sharma,
         Aged About 62 Years, R/o V/p Goner, Chhipon Ka Bas, Via
         Vatika. The. Sanganer, Jaipur-303905.
34.      Sharwan Lal Verma S/o Sh. Ghasi Ram Verma, Aged
         About 62 Years, R/o V/p Nimeda, Via Jhotwara, Jaipur-
         302012
35.      Alley K.s. W/o Sh. P.k.kunjumon, Aged About 62 Years,
         R/o 101/18, Patel Marg, Mansarovar, Jaipur-302020.
36.      Nand Lal Sadh S/o Sh. Ram Chandra Sadh, Aged About
         61 Years, R/o 2/79, Saket Nagar, Housing Board, Rathi
         Hospital Road, Beawar-305901.
37.      Sanjay Rajoria S/o Om Prakash Rajoria, Aged About 61
         Years, R/o 76, Indra Colony, Bani Park, Jaipur-302016.
38.      Mool Chand Meena S/o Sh. Nand Lal Meena, Aged About
         61 Years, R/o 71/265, Patel Marg, Mansarovar, Jaipur-
         302020.
39.      Narendra Gurnani S/o Sh. Gehi Mal Gurnani, Aged About
         61 Years, R/o 70/7, Patel Marg, Mansarovar, Jaipur-
         302020.
40.      Kailash Chand Meena S/o Sh. Sautya Ram Meena, Aged
         About 61 Years, R/o R-17, Nri Colony, Pratap Nagar,
         Jaipur-302023.
41.      Bijesh Kumar Sharma S/o Sh. Ram Kumar Sharma, Aged
         About 61 Years, R/o Flat No. 803, Royal Avenue, Near


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         Abhinandan Community Centre, Mansarovar Ext Jaipur
         302020.
42.      Kamal Chand Jain S/o Sh. Manohar Lal Jain, Aged About
         74 Years, R/o 3-Ba-15, Jawahar Nagar, Jodhpur-302004.
43.      Raghunath Prasad Balai S/o Sh. Udha Ram Luniwal, Aged
         About 69 Years, R/o 8/317, Malviya Nagar, Jaipur-
         302017.
44.      Vijay Krishan Dadhich S/o Sh. Gopi Krishan Dadhich,
         Aged About 70 Years, R/o 7-Pa-5, Jawahar Nagar, Jaipur-
         302004.
45.      Vinod Kumar Mehra S/o Sh Munna Lal, Aged About 64
         Years, R/o 593/1 J P Nagar Naka Madar Ajmer-305024.
46.      Ghanshyam Baghela S/o Sh. Lalu Ram Baghela, Aged
         About 61 Years, R/o H.no. 320-C, Kirti Nagar, New
         U.i.t.colony, Magra, Punjala, Jodhpur.
47.      Khinv Raj Sharma S/o Sh. Balu Ram, Aged About 68
         Years, R/o 12-B, Laddha Colony, Ratanada, Jodhpur-
         342007.
48.      Sunil Kumar Mathur S/o Sh. Govind Narain Mathur, Aged
         About 64 Years, R/o 8/c-2, Kuri Bhagtasani Housing
         Board, Jodhpur-342005
49.      Basant Kumar Mathur S/o Sh. Om Prakash Nag, Aged
         About 64 Years, R/o 372, Kamla Nehru Nagar, Behind-
         Prakratik Hospital, Chopasani Road, Jodhpur.
50.      Rakesh Kumar Vyas S/o Sh. Manak Chand Vyas, Aged
         About 61 Years, R/o 418, Mahavirpuram City, Near Laxmi
         Narain Mandir, Jodhpur-342008.
51.      Kailash Singh S/o Sh. Girdhari Singh, Aged About 69
         Years, R/o 16/266, Chopasani Housing Board, Jodhpur-
         342008.
52.      Dhirendra Kumar Bhargava S/o Sh. Shyam Kumar, Aged
         About 71 Years, R/o 2-T-7, Talwandi Kota-324005.
53.      Akhtar Ali S/o Sh. Anwar Ali, Aged About 71 Years, R/o 4-
         Jha-14, Vigyan Nagar, Kota-324005.
54.      Duli Chand Gupta S/o Sh. Sunder Lal Gupta, Aged About
         68 Years, R/o 4 Q 3, Dadabari Ext., Kota-324009
55.      Mohd. Ali Pathan S/o Sh. Rustam Khan, Aged About 68
         Years, R/o H.no. 49, Gali No. 4, Saraswati Colony, Baran


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         Road, Kota-324001.
56.      Ram Karan Prajapati S/o Sh. Ramdev Prajapati, Aged
         About 68 Years, R/o 3-E-25, Dadabari Ext., Near Jain
         Nasia Temple, Kota-324009.
57.      Guljar Mohammed S/o Sh. Bashir Mohammed, Aged
         About 68 Years, R/o 220-B, Waqf Nagar, Dadabari Kota-
         324009.
58.      Rajendra Singh S/o Sh. Khushal Singh, Aged About 66
         Years, R/o 4-F-22, Dadabari Ext., Kota-324009.
59.      Vijay Shankar Nama S/o Sh. Chhote Lal, Aged About 67
         Years, R/o 2-T-24, Talvandi, Kota-324005.
                                                                    ----Petitioners
                                     Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Urban       Development           And        Housing,       Government
         Secretariat, Jaipur.
2.       Rajasthan Housing Board, Through Its Commissioner,
         Awas Bhawan, Janpath, Jaipur.
3.       Chairman, Rajasthan Housing Board, Awas Bhawan,
         Janpath, Jaipur.
4.       Financial Advisor, Rajasthan Housing Board, Jyoti Nagar,
         Jaipur.
5.       The Director, Directorate Of Pension And Pensioners
         Welfare, Jyoti Nagar, Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Shovit Jhajharia For Respondent(s) : Mr. Yash Joshi for Mr. Vigyan Sharma AAG

HON'BLE MR. JUSTICE SAMEER JAIN Order 09/04/2024

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

[2024:RJ-JP:16948] (6 of 7) [CW-5286/2024]

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 petitioner has

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), Division

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

[2024:RJ-JP:16948] (7 of 7) [CW-5286/2024]

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

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

NEERU/30