Rajasthan High Court

Narayan Chandra Mathur S/O Pratap ... vs The State Of Rajasthan ... on 4 March, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:10994]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 3169/2024

1.       Narayan Chandra Mathur S/o Pratap Chandra Mathur,
         Aged About 62 Years, R/o 7/440, Sector No. 7, Malviya
         Nagar, Jaipur, Rajasthan.
2.       Om Prakash Sharma S/o Ganpat Lal Sharma, Aged About
         64 Years, R/o B-15, J.D.A. Staff Colony, Jagatpura, Tila
         Wala N R I Colony, Jaipur, Rajasthan.
3.       Laxman Singh Bana S/o Ladu Ram, Aged About 64 Years,
         R/o 121-A, Himmat Nagar, Tonk Road, Durgapura, Jaipur,
         Rajasthan.
4.       Virendra Singh Sunda S/o Laxman Singh, Aged About 63
         Years, R/o 28, Jai Jawan Colony-2, Tonk Road, Durgapura,
         Jaipur, Rajasthan.
5.       Ram Phool Meena S/o Onkar, Aged About 60 Years, R/o
         Tongya Ki Dhani, Ramsinghpura, Bassi, Kanota, District
         Jaipur, Rajasthan.
6.       Mohummed Moinuddin Khan S/o Late A.R. Khan, Aged
         About 63 Years, R/o Sector 66, Mansarovar, Jaipur,
         Rajasthan.
7.       Ved Prakash Gupta S/o Mangti Lal, Aged About 63 Years,
         R/o 101/92, Patel Marg, Mansarovar, Jaipur, Rajasthan.
8.       Bhagwan Das Subnani S/o C.M. Subnani, Aged About 61
         Years, R/o 883, Siddharth Nagar-A Block, Near Jain
         Temple, Opposite Jawahar Circle, Jaipur, Rajasthan.
9.       Nand Kishor Singhal S/o Devi Shankar Singhal, Aged
         About 63 Years, R/o D-192, Malviya Nagar, Jaipur,
         Rajasthan.
10.      Ashutosh Goswami S/o D.D. Goswami, Aged About 62
         Years,      R/o     J-44,      Krishana        Marg,      C-Scheme,   Jaipur,
         Rajasthan.
11.      Jagdish Prasad Sharma S/o Rameshwar Lal Sharma, Aged
         About 63 Years, R/o 3407, Jai Lal Munshi Ka Rasta, Purani
         Basti, Chandpol Bazar, Jaipur, Rajasthan.
12.      Jageshwar Lodhi S/o Baijnath Lodhi, Aged About 68
         Years, R/o B-72, Khushar Yojana JDA, Ramchandrapura,
         Sanganer, Jaipur, Rajasthan.
13.      Mahendra Kumar Sharma S/o Chothmal Sharma, Aged


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         About 63 Years, R/o 5 T 6, Housing Board, Shastri Nagar,
         Jaipur, Rajasthan.
14.      Surgyan Jat S/o Parta Ram Jat, Aged About 63 Years, R/o
         297, Shiv Nagar-I, VKI Road No. 1, Murlipura, Jaipur,
         Rajasthan.
15.      Pramod Kumar Vyas S/o Kishan Lal Vyas, Aged About 60
         Years, R/o 65, Vivek Vihar, Bajaj Nagar, Jaipur, Rajasthan.
16.      Ghan Shyam Khatik S/o Bhori Lal Khatik, Aged About 63
         Years, R/o Chandlai, Jaipur, Rajasthan.
17.      Ram Sagar Meena S/o Keshri Lal Meena, Aged About 69
         Years, R/o 17-A, Prem Nagar 2nd, Model Town, Jagatpura
         Road, Malviya Nagar, Jaipur, Rajasthan.
18.      Govind Prasad Goyal S/o R.S. Goyal, Aged About 61
         Years, R/o 144, Gandhi Path, Queens Road, Behind Bharat
         Apartment,     Vidhyut       Nagar-C,         Vaishali   Nagar,   Jaipur,
         Rajasthan.
19.      Pawan Kumar Taletia S/o Heera Lal Taletia, Aged About 67
         Years, R/o 10/167, Malviya Nagar, Jain Mandir Ke Samne,
         Malviya Nagar, Jaipur, Rajasthan.
20.      Suresh Chand Sharma S/o Bhorilal Sharma, Aged About
         60 Years, R/o 110, 111, Hasanpura C, N.B.C. Road,
         Jaipur, Rajasthan.
21.      Prem Shankar S/o Badri Lal, Aged About 70 Years, R/o
         93, Surya Nagar, Gopalpura Bye Pass, Jaipur, Rajasthan.
22.      Raghunath Prasad Sharma S/o Nanag Ram Sharma, Aged
         About 60 Years, R/o Village Bimalpura (Choudhary Ki
         Dhani), Post Kandrapura, Vaya Kaladera, Tehsil Chomu,
         District Jaipur, Rajasthan.
23.      Govind Kant Sharma S/o Banshi Dhar Sharma, Aged
         About 69 Years, R/o 32-C, Prem Colony, Surya Nagar,
         Taron Ki Kunt, Tonk Road, Sanganer, Jaipur, Rajasthan.
24.      Santosh Kumar Sharma S/o Birdhi Chand, Aged About 70
         Years, R/o B-56, Sanjay Colony, Nehru Nagar, Jaipur,
         Rajasthan.
25.      Vimal Kumar Sharma S/o Nand Kishor Sharma, Aged
         About 66 Years, R/o Raghunath Ji Ka Mohalla, Dausa,
         Rajasthan.
26.      Sheraram Kalwal S/o Cholaram Kalwal, Aged About 71


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         Years, R/o D-327, Malviya Nagar, Jaipur, Rajasthan.
27.      Bhagwan Datt Sharma S/o Ram Nivash Sharma, Aged
         About 60 Years, R/o 152/64-A, Shipra Path, Mansarovar,
         Jaipur, Rajasthan.
28.      Vinod Kumar Godha S/o Late Vimal Chand Jain, Aged
         About 63 Years, R/o 271, Sachivalya Vihar, Ricco Katta
         Choraha, New Sanganer Road, Jaipur, Rajasthan.
29.      Vimla Devi W/o Durga Prasad, Aged About 64 Years, R/o
         A-31, Malviya Nagar A-Block, Ward No. 26, Malviya Nagar,
         Jaipur, Rajasthan.
30.      Ramesh Chand Choudhary S/o Chittar Singh Choudhary,
         Aged About 72 Years, R/o 11, Adarsh Krishna Nagar,
         Kartarpura, Jaipur, Rajasthan.
31.      Bhanwar Lal Jat S/o Ramkaran, Aged About 64 Years, R/o
         Bagru Khurd, Tehsil Sanganer, District Jaipur, Rajasthan.
32.      Syed Iqbal S/o Syed Nawab Ali, Aged About 70 Years, R/o
         4200, Jagannath Shah Ka Rasta, Chokdi Ramchandra Ji
         Ki, Ramgang Bazar, Jaipur, Rajasthan.
33.      Sharad Krishan Bhatt S/o B.k. Bhatt, Aged About 64
         Years, R/o 41-A, Mohan Marg, Nirman Nagar, Kasturba
         Nagar, Jaipur, Rajasthan.
34.      Yogendra Kumar Sharma S/o Kanhaiya Lal Sharma, Aged
         About 69 Years, R/o C-28, Tonk Road, Purani Sabji Mandi
         Ke Samne, J.D.A. Flats, Jaipur, Rajasthan.
35.      Radha Mohan S/o Narayan, Aged About 68 Years, R/o 11,
         Sanghiji Ka Bada, Jain Mandir, Jain Mohalla, Sanganer,
         Jaipur, Rajasthan.
36.      Satya Narain Sharma (Since Deceased) S/o Anandi Lal
         Sharma, Through His Wife Smt. Bimla Sharma W/o Late
         Satya Narain Sharma, Aged About 71 Years, R/o A-593,
         Govind Marg, Jaipur, Rajasthan.
                                                                  ----Petitioners
                                     Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Urban       Development            And        Housing     Department,
         Government Of Rajasthan, Govt. Secretariat, Jaipur.
2.       Jaipur Development Authority, Through The Secretary,
         J.LN. Marg, Jaipur (Raj.).


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3.       The Commissioner, Jaipur Development Authority, J.L.N.
         Marg, Jaipur (Raj.).
4.       Assistant Accounts Officer (Pension), Jaipur Development
         Authority, J.L.N. Marg, Jaipur.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Ajit Kaswa
For Respondent(s)         :     Mr. Surya Pratap Singh for
                                Mr. G.S. Gill, AAG



                HON'BLE MR. JUSTICE SAMEER JAIN

                                     Order

04/03/2024

1. Learned counsel for the petitioners submit 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 do 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)

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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 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 petitioners 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

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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

GARIMA /11