Rajasthan High Court
Gumana Ram Sharma S/O Shri Narayan Ram ... vs Rajasthan Rajya Vidyut Utpadan Nigam ... on 4 March, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:11065]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2169/2024
1. Gumana Ram Sharma S/o Shri Narayan Ram Sharma,
Aged About 61 Years, R/o 2-A-5, Kunhari, Rhb, District
Kota, Rajasthan.
2. Gurrilla Nagbhushan Rao S/o Shri Ranga Rao Gurrilla,
Aged About 63 Years, R/o 2-A-12, Kunhari, Rhb, District
Kota, Rajasthan.
3. Tej Singh S/o Shri Nand Singh, Aged About 61 Years, R/o
House No-22A, Laxman Vihar-1, Kunhari , District Kota,
Rajasthan.
4. Dinesh Chandra Nagar S/o Shri Girdhari Lal Nagar, Aged
About 61 Years, R/o 2 House No-160, Laxman Vihar-2,
Kunhari, District Kota, Rajasthan.
5. Chhavinath Singh S/o Shri Bhagwan Singh, Aged About
63 Years, R/o 44, Panchwati Colony, Kunhari, District
Kota, Rajasthan.
6. Ram Ji Lal Bairwa S/o Shri Ram Sahai, Aged About 70
Years, R/o Ch-12, Ambedkar Colony, Near Kunhari Thana,
District Kota, Rajasthan.
7. Ramesh Chand Gupta S/o Shri Goojar Mal Gupta, Aged
About 61 Years, R/o House No.c-225, Kstps Colony,
Sakatpura, District Kota, Rajasthan.
8. Sunil Kumar Parihar S/o Shri Mahesh Prasad, Aged About
62 Years, R/o House No. 238, Krishna Vihar, Kunhari,
District Kota, Rajasthan.
9. Hanuman Prasad Gaur S/o Late Shri Shata Nand Gaur,
Aged About 61 Years, House No. 321, Riddhi Siddhi
Nagar-1, Bundi Road, District Kota, Rajasthan.
10. Dinesh Kumar Bansal-Ii S/o Shri Rameshwar Prasad
Bansal, Aged About 61 Years, R/o 01-I-15, Mahaveer
Nagar Ext., District Kota, Rajasthan.
11. Devendra Singh S/o Shri Kashi Nath Singh, Aged About
61 Years, R/o House No. 6-H-5, Mahaveer Nagar-Iii,
District Kota, Rajasthan.
12. Rang Lal Mehra S/o Shri Champa Lal Mehra, Aged About
61 Years, R/o House No. 656, Keshavpura, Sector-07,
Dadabari, District Kota, Rajasthan.
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[2024:RJ-JP:11065] (2 of 4) [CW-2169/2024]
13. Prafull Kumar S/o Shri Dharam Pal Gupta, Aged About 63
Years, R/o House No. B-64, Ashok Nagar, Ghaziabad.
14. Chanda Lal Verma S/o Shri Ram Gopal, Aged About 64
Years, R/o House No. 359, Ambedkar Colony, Kunhadi,
District Kota, Rajasthan.
15. Dev Lal Saini S/o Shri Bheru Lal, Aged About 63 Years,
R/o House No. C-56/52, Jai Hind Nagar-1, Police Line,
District Kota, Rajasthan.
16. Prabhu Lal Verma S/o Shri Bhanwar Lal, Aged About 64
Years, R/o House No. 809, Sector-07, Keshavpura,
District Kota, Rajasthan.
----Petitioners
Versus
1. Rajasthan Rajya Vidyut Utpadan Nigam Limited, Through
Its Director, Vidyut Bhawan, Rajasthan, Jaipur.
2. The Chief Engineer, Kota Super Thermal Pawer Station
Rvunl, Rajasthan, Kota.
3. The Chief Engineer, Chhabra Thermal Pawer Station
Rvunl, Rajasthan, Chhabra.
4. The Chief Engineer, Suratgarh Thermal Pawer Station
Rvunl, Rajasthan, Suratgarh.
5. The Accounts Officer (Pension), Rvunl, Rajasthan, Jaipur.
6. The Accounts Officer (Pension), Kstps, Rvunl, Rajasthan,
Kota.
----Respondents
For Petitioner(s) : Mr. Ashish Nagarwal
For Respondent(s) : Mr. Sandeep Singh Nirwan for
Mr. S. S. Naruka, AAG
HON'BLE MR. JUSTICE SAMEER JAIN
Order
04/03/2024
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:11065] (3 of 4) [CW-2169/2024]
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 respondent 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 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:11065] (4 of 4) [CW-2169/2024]
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 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
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
Pooja /274
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