Rajasthan High Court
Bhagwan Singh Rathore S/O Shri Laxman ... vs State Of Rajasthan (2024:Rj-Jp:10127) on 28 February, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:10127] (1 of 4) [CW-1483/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1483/2024
1. Bhagwan Singh Rathore S/o Shri Laxman Singh Rathore,
Aged About 63 Years, R/o 20-21, Devganv Hause, Nadi
Master Colony, Ajmer Road, Kekri, Ajmer, Rajasthan,
305404. Retired On 30.06.2021 From The Post Of Assi.
Agriculture Officer At Office Of The Assistant Director Of
Agriculture (Extension), Kekri, Ajmer.
2. Shafiq Ahamed Ansari S/o Shri Abdul Hannan Ansari,
Aged About 63 Years, R/o Bhatta Colony, Kekri, Ajmer,
Rajasthan, 305404. Retired On 30.06.2022 From The Post
Of Assi. Agriculture Officer At Office Of The Assistant
Director Of Agriculture (Extension), Kekri, Ajmer.
3. Shivdutt Singh Gaur S/o Shri Kishan Singh Gaur, Aged
About 66 Years, R/o 24, Ward-1, Ambabadi Colony, Doral
Ka Rasta, Kekri, Ajmer, Rajasthan, 305404. Retired On
30.06.2018 From The Post Of Assi. Agriculture Officer At
Office Of The Assistant Director Of Agriculture (Extension),
Kekri, Ajmer.
4. Ratan Lal Purohit S/o Shri Sugan Chand, Aged About 65
Years, R/o Ward No. 14, Asthal Mohalla, Kekri, Ajmer,
Rajasthan, 305404. Retired On 30.06.2019 From The Post
Of Assi. Agriculture Officer At Office Of The Assistant
Director Of Agriculture (Extension), Kekri, Ajmer.
5. Abdul Salam S/o Shri Ishak Mohammad, Aged About 64
Years, R/o Narshing Home Ki Gali Kaji Pura, Kekri, Ajmer,
Rajasthan, 305404. Retired On 30.06.2020 From The Post
Of Assi. Agriculture Officer At Office Of The Assistant
Director Of Agriculture (Extension), Kekri, Ajmer.
----Petitioners
Versus
1. State Of Rajasthan, Through The Commissioner
(Agriculture), Agriculture Commissionerate Government Of
Rajasthan, Pant Krishi Bhawan Jaipur, Rajasthan.
2. The Principal Secretary, Finance Department, Government
Of Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Joint Director, Agriculture (Administration),
Agriculture Commissionerate Government of Rajasthan,
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[2024:RJ-JP:10127] (2 of 4) [CW-1483/2024]
Pant Krishi Bhawan Jaipur, Rajasthan.
4. The Joint Director, Agriculture (Extension), Jaipur, Division
Durgapura, Jaipur.
5. The Deputy Director, Agriculture (Extension), District
Council Ajmer.
6. The Assistant Agriculture Officer, Headquarters,
Chaurasiawas, Vaishali Nagar, Ajmer, Rajasthan.
7. The Directorate Of Pension And Pensioner's Welfare,
Rajasthan, Government Of Rajasthan, Jyoti Nagar,
Lalkothi, Jaipur.
----Respondents
For Petitioner(s) : Mr. Abhishek Choudhary
Mr. Bharat Singh Bhati
For Respondent(s) : Mr. G.S. Gill, AAG through VC with
Mr. Surya Pratap Singh
Ms. Devyani Rathore, AGC
HON'BLE MR. JUSTICE SAMEER JAIN
Order
28/02/2024
1. Learned counsel for the petitioner 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 respondent does not dispute the fact
that the issue, as raised in the present writ petition, is similar to
[2024:RJ-JP:10127] (3 of 4) [CW-1483/2024]
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
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
[2024:RJ-JP:10127] (4 of 4) [CW-1483/2024]
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
DEEPAK/s-516
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