Rajasthan High Court
Jamuna Prasad Sharma S/O Brij Lal Sharma vs The State Of Rajasthan ... on 19 January, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:3262]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 688/2024
1. Jamuna Prasad Sharma S/o Brij Lal Sharma, Aged About
65 Years, R/o 431, Gali No. 6, Tilak Nagar Colony,
Bharatpur, Rajasthan.
2. Ramji Lal Mahana S/o Salaga Ram Mahana, Aged About
62 Years, R/o VPO Lotwada, Tehsil Mandawar, District
Dausa, Rajasthan.
3. Deepak Kumar Pareek S/o Chand Narayan Pareek, Aged
About 60 Years, R/o H. No. B-46, Acharya Vinoba Bhave
Nagar, Vaishali Nagar, Jaipur, Rajasthan.
4. Lallu Ram Meena S/o Ramsahay Meena, Aged About 64
Years, R/o VPO Lotwada, Via Manpur, Tehsil Baswa,
District Dausa, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Secretary,
Department Of Education, Govt. Secretariat, Rajasthan,
Jaipur.
2. The State Of Rajasthan, Through Its Home Secretary,
Secretariat, Rajasthan, Jaipur.
3. State Of Rajasthan, Through Its Chief Secretary,
Secretariat, Rajasthan, Jaipur.
4. State Of Rajasthan, Through Its Principal Finance
Secretary, Secretariat, Rajasthan, Jaipur.
5. State Of Rajasthan, Through Secretary To The
Government, Department Of Personnel, Govt. Of
Rajasthan, Secretariat, Jaipur.
6. The Director General Of Police, Police Headquarter,
Rajasthan, Jaipur.
7. The Commissioner, Police Commissionerate, Jaipur.
8. The Director, Secondary Education, Rajasthan, Bikaner.
9. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
10. The Director, Department Of Pension And Pensioner's
Welfare, Rajasthan, Jaipur.
11. Rajasthan State Road Transport Corporation (RSRTC),
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[2024:RJ-JP:3262] (2 of 4) [CW-688/2024]
Through Its Chairman Cum Managing Director, Pariwahan
Marg, C-Scheme, Jaipur.
12. The Chief Manager, Rajasthan State Road Transport
Corporation (RSRTC), Bharatpur Depot, Bharatpur.
----Respondents
For Petitioner(s) : Mr. Girraj Rajoria for
Mr. Ram Pratap Saini
For Respondent(s) : Mr. Rajendra Soni, AAG with
Mr. S.M. Sharma
HON'BLE MR. JUSTICE SAMEER JAIN
Order
19/01/2024
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 and considered.
[2024:RJ-JP:3262] (3 of 4) [CW-688/2024]
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
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 Online SC 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 view of the joint statement of the learned counsel for the
parties, this Court deems it just and proper to dispose of this writ
[2024:RJ-JP:3262] (4 of 4) [CW-688/2024]
petition on the same terms and with direction to the respondents
to consider the petitioners' claim and pass appropriate orders in
the light of the Division Bench judgment, as referred to above,
within a period of two months.
(SAMEER JAIN),J
DEEPAK/s-419
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