Rajasthan High Court
Subhash Chandra Thukral Son Of Shri ... vs State Of Rajasthan (2024:Rj-Jp:12224) on 11 March, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:12224]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19131/2023
Narayan Das S/o Late Shri Sita Ram, Aged About 76 Years, R/o
G-601, Rohan Vasanto Apartmentmarathihalli, Po-Bengaluru-37
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Chief Secretary,
Secretariat, Jaipur, Rajasthan.
2. The Principal Finance Secretary, Finance Department,
Government Of Rajasthan, Secretariat, Jaipur (Rajasthan)
3. The Director, Pension And Pensioners Welfare
Department, Government Of Rajasthan, Jyoti Nagar,
Jaipur (Rajasthan).
----Respondents
Connected With
S.B. Civil Writ Petition No. 2639/2021
1. Subhash Chandra Thukral Son Of Shri Sohan Lal Thukral,
Aged About 76 Years, Resident Of Bb-23, Jai Ambe Nagar,
Jaipur (Rajasthan).
2. Bhagirth Singh Shekhawat Son Of Shri Shivdan Singh,
Aged About 84 Years, Resident Of Durga Colony, Behind
Rajput Sabha Bhawan, Didwana, Nagaur (Rajasthan).
3. Dr. Surya Prakash Jalan Son Of Late Shri B.l. Jalan, Aged
About 70 Years, Resident Of 305, Lotus Roof, Lotus Villa,
Near Akshya Patra, Jagatpura, Jaipur (Rajasthan).
4. Ganesh Naraian Tailor Son Of Late Shri Banshidhar Tailor,
Aged About 78 Years, Resident Of Shashi Nagar, Sanwali
Road, Sikar (Rajasthan).
5. Gyan Prakash Sharma Son Of Shri B.r. Sharma, Aged
About 77 Years, Resident Of B-423, Mahesh Nagar, Jaipur
(Rajasthan).
6. Dr. Ghanshyam Lal Rai Son Of Late Shri Champalal Rai,
Aged About 77 Years, Resident Of 10047, Prestige Shanti
Niketan, I.t.p.l. Road, Whitefield, Bangalore, Karnataka-
560048, Permanent R/o 916, 8 Die Road, Behind Saint
Andre Hall, Sardarpura, Jodhpur (Rajasthan).
7. Dr. Pukhraj Talesara Son Of Shri Motilal Rai, Aged About
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75 Years, Resident Of B-5-1, Samrath Nagar, Jalan Vilas,
Paota, B Road, Jdohpur (Rajasthan).
8. Smt. Bhagwati Swami Wife Of Shri P.n. Swami, Aged
About 73 Years, Resident Of 199, Sri Gopal Nagar,
Gopalpura, Jaipur (Rajasthan).
9. Ramlal Verma Son Of Late Shri Ram Ratan Verma, Aged
About 78 Years, Resident Of Sukhda, 34/2, Master
Colony, Ajmer Road, Kekri, Ajmer (Rajasthan).
10. Dr. P.l. Mathur Son Of Late Shri Amrit Lal Mathur, Aged
About 81 Years, 17E/12, Meera Park, Chopasni Housing
Board, Jodhpur (Rajasthan).
11. Kailash Naraiann Mathur, Son Of Late Shri Badri Naraian
Mathur, Aged About 80 Years, Resident Of 24, Ganpati
Nagar (Ground Floor), Rooprajat Enclave, Near Sector 25
Of C.h.b., Jodhpur (Rajasthan).
12. Jagdish Prasad Tailor Son Of Shri Radha Kishan Tailor,
Aged About 75 Years, Resident Of 29, Sahapura, Maliyan
Chopar, Bayawar, Ajmer (Rajasthan).
13. Shri Krishan Agarwal Son Of Shri Posa Ram Agarwal,
Aged About 84 Years, Resident Of 20/120, Heda Gali,
Shahpura Mohalla, Beawar, Ajmer (Rajasthan).
14. Himmat Singh Gehlot Son Of Shri Heera Singh Gehlot,
Aged About 89 Years, Resident Of Near Railway Station,
Jalore, Presently Residing At 15, Nagori Gate, Bhagat
Singh Marg, Jodhpur (Rajasthan).
15. Hari Singh Yadav Son Of Shri Lila Ram Yadav, Aged About
76 Years, Old Putli Road (Amai), Kotputli, Jaipur
(Rajasthan).
16. Dev Karan Gupta Son Of Late Shri Babulal Gupta, Aged
About 76 Years, Resident Of House No. 20, Saraswati
Nagar, Agro Road, Dausa (Rajasthan).
17. K.l. Yadav Son Of Shri Mangi Lal Yadav, Aged About 86
Years, Resident Of 31, Vivekanand Nagar, Alwar
(Rajasthan).
18. Salig Ram Son Of Shri Janki Prasad, Aged About 77 Years,
Resident Of 23, Vijay Nagar, N.e.b., Delhi Road, Alwar
(Rajasthan).
19. Bharat Bhushan Arya Son Of Shri Vidavart, Aged About
79 Years, Resident Of Behind Old Bayana Bus Stand,
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Neemda Gate, Bharatpur (Rajasthan).
20. Jaipal Singh Son Of Shri Ramnarayan, Aged About 87
Years, Resident Of Vpo Shamaspur, District Gurgaon,
(Haryana), C/o Dr. M.s. Yadav, 1, Moti Dungri, Alwar
(Rajasthan).
21. Deewan Singh Son Of Shri Vishal Singh, Aged About 77
Years, Resident Of Belasar House, Near Government
Press, Behind Sita Ram Temple, Hanuman Hatwa, Bikaner
(Rajasthan).
22. Dr. Prabha Bhargav Wife Of Shri Ram Nath Bhargav, Aged
About 79 Years, Resident Of Near Jail Well, Bikaner
(Rajasthan).
23. Dr. T.n. Naag Son Of Late Shri L.n. Naag, Aged About 74
Years, Resident Of 4-D-13, Jai Narayan Vyas Colony,
Bikaner (Rajasthan).
24. Ravindra Kulshrestha Son Of Sh. Raj Bahadhur Verma,
Aged About 86 Years, Resident Of 50/32, Shedwal, Jai
Narayan Vyas Colony, Bikaner (Rajasthan).
25. Aminudin Son Of Shri Ikrammudin, Aged About 88 Years,
Choukthi, Bikaner (Rajasthan).
26. Mithan Lal Verma Son Of Shri Mohan Lal Verma, Aged
About 75 Years, Resident Of Ward No. 24, Gali No. 13,
Tower Road, Near Microwave Tower, Subhash Nagar,
Ajmer (Rajasthan).
27. Chandra Shekhar Sharma Son Of Shri Kalyan Dutt
Sharma, Aged About 87 Years, Resident Of P. No. 60, Jai
Nagar Colony, Vkia, Road No.2, Jaipur (Rajasthan).
28. Smt. Ganyanvati Wife Of Shri Mahendra, Aged About 75
Years, Resident Of Flat No. 301, Plot No. Sb 38, Golden
Sunflower Apartment, Bhawani Singh Road, Rambagh,
Jaipur (Rajasthan).
29. Chandu Ram Kukkar Son Of Shri Mohan Ram Kukkar,
Aged About 78 Years, Resident Of 132A, Naunu Marg,
Devi Nagar, New Sanganer Road, Sodala, Jaipur
(Rajasthan).
30. Mahendra Nath Sharma Son Of Shri Hariharnath Sharma,
Aged About 77 Years, Resident Of 5/304, Malviya Nagar,
Jaipur (Rajasthan).
31. Sampat Raj Jain Son Of Late Jawan Mal Jain, Resident Of
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Near K S Ford Company, Near Sanganer Road, Sodala,
Jaipur (Rajasthan).
32. Mrs. Raj Molaha Wife Of Mr. P. A. Molaha, Resident Of 95,
Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur
(Rajasthan).
33. Sh. Surendra Kumar Gupta, Aged About 78 Years,
Resident Of 27, Raj Nagar, Dhan Nadi Road, Bhajanganj,
Ajmer (Rajasthan).
34. Smt. Indra Dixit Wife Of Late Shyam Saroj Dixit, Aged
About 82 Years, Resident Of 760/43, Dixit Bhawan, Mayo
Link Road, Ajmer (Rajasthan).
35. Sh. U M Jain, Aged About 86 Years, Resident Of 19,
Parshwanath Colony, Jeevan Vihar, Anted Road, Vaishali
Nagar, Ajmer (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan).
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur
(Rajasthan).
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur, (Rajasthan).
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 2640/2021
1. Smt. Sharda Devi Gupta Wife Of Late Shri Om Prakash
Gupta, Aged About 77 Years, Resident Of 12/126, Malviya
Nagar, Jaipur (Rajasthan).
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2. Mr. Subhash Chandra Thukral Son Of Shri Sohan Lal
Thukral, Aged About 76 Years, Resident Of Bb-23, Jai
Ambe Nagar, Jaipur (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan).
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur
(Rajasthan).
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur, (Rajasthan).
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 2641/2021
Asrafi Jain Wife Of Late Shri Shanti Lal Jain, Aged About 72
Years, Resident Of 28, Pabu Niwas, Industrial Area, Rani Bazar,
Bikaner (Rajastan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan).
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
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4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur
(Rajasthan).
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur, (Rajasthan).
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 2642/2021
1. Smt. Pushpa Jain Wife Of Late Shri Sundar Lal Jain, Aged
About 70 Years, Resident Of 2/37, Saket Nagar, Housing
Board, Beawar, Ajmer (Rajasthan).
2. Smt. Chanda Keecha Wife Of Late Shri Ladu Ram Keecha,
Aged About 72 Years, Resident Of 83, Vinod Nagar,
Bharmanand Nagar Marg, Beawar, Ajmer, (Rajasthan).
3. Smt. Shanta Jain Wife Of Late Shri G.c. Jain, Aged About
74 Years, Resident Of Gali No. 7, Abhiyant Munot Colony,
Beawar, Ajmer (Rajasthan).
4. Smt. Chandra Kanwar Wife Of Late Shri Durga Lal Panwar,
Aged About 78 Years, Resident Of 7/457, Mukti Marg,
Nayapura, Kota (Rajasthan).
5. Smt. Premlata Devi Wife Of Late Shri Suresh Pal, Resident
Of Near Nice Hotel, Gulab Bag, Kaurali (Rajasthan).
6. Smt Kamla Kaushik Wife Of Late Shri Radhey Shyam
Kaushik, Aged About 77 Years, Resident Of House No. D-
183, Near Water Tank, Kardhani, Kalwar Road, Jaipur
(Rajasthan).
7. Smt. Kamla Sharma Wife Of Late Shri Dev Krishna
Sharma, Aged About 81 Years, Resident Of Balram Nagar,
Behind Police Line, Sikar (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
2. Principal Secretary, Finance Department, Government Of
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Rajasthan, Government Secretariat, Jaipur (Rajasthan).
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur
(Rajasthan).
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur, (Rajasthan).
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 2742/2021
1. Bal Kirshan Gupta Son Of Late Shri Bhawani Sahai
Agarwal, Aged About 86 Years, Resident Of K-44, Manu
Vihar Colony, Himmat Nagar, Tonk Road, Jaipur
(Rajasthan).
2. Dr. Shyam Lal Kalani Son Of Shri Laxmi Narayan Kalani,
Aged About 78 Years, Resident Of B-198, Indra Vihar,
Kota-324005 (Rajasthan).
3. Dr. Kumkum Kapoor Daughter Of Shri S.k. Kapoor, Aged
About 76 Years, Resident Of Anukampa, 27, Manumarg,
Alwar, (Rajasthan).
4. Dr. Swaroop Chand Asawa Son Of Shri Late Sh. Ram
Prasad Asawa, Aged About 79 Years, Resident Of 588,
Urmila Path, Vivek Vihar, New Sanganer Road, Sodala,
Jaipur (Rajasthan).
5. Dr. I.m. Khincha Son Of Shri Sh. Rang Lal Khincha, Aged
About 87 Years, Resident Of 13, Khincha Niwas, Sanatan
Dharam, School Marg, Beawar, Ajmer, (Rajasthan).
6. Madhu Sudan Malodiya S/o B.p. Malodiya, Aged About 81
Years, Resident Of 4E, 517 Jai Narayan Vyas Colony,
Bikaner (Rajasthan).
7. Radhe Shyam Jain Son Of Late Shri Narayan Sahay, Aged
About 77 Years, Resident Of 17, Panchwati Scheme No. 7,
Alwar-301001 (Raj.)
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8. Ram Kumar Garwa Son Of Late Shri Baksha Ram Garwa,
Aged About 86 Years, Resident Of V.p.o. Ghodiwala
Khurd, Via- Mukundgarh, Jhunjhunu, (Rajasthan)-
333705.
9. Dharam Chandra Son Of Shri Jhorimal Bansali, Aged
About 80 Years, Resident Of 6-E-15, Pawanipuri (S)
Bikaner (Rajasthan).
10. Padam Singh Son Of Shri Balioo Lal, Aged About 83
Years, Resident Of H. No. 35, Laxmi Nagar, Opp. Kakayi Ki
Kothi, Bharatpur (Rajasthan).
11. Dr. M. Parvateesam Son Of Sh. M.s. Narayana Rao, Aged
About 74 Years, Resident Of Villa No. 65, Bloomsdale,
Modi Properties, Samiirpet, Dist Medchal.
12. Smt. Sumetra Gehlot Wife Of Shri Prkthvi Singh Gehlot,
Aged About 75 Years, Resident Of P. No. 2, Goapl Marg,
Virendra Ngar, Mandore, Jodhpur (Rajasthan).
13. Satish Chandra Son Of Late Shri Panna Lal, Aged About
75 Years, Resident Of B-23, Meenal, Flat Fh1, Shiv
Chowk, Shalimar Garden Extn. 2, Sahibabad, Ghaziabad
(Up).
14. Udai Lal Chhajed Son Of Shri Chhagan Lal Chhajed, Aged
About 75 Years, Resident Of G-260, Vaibhab Nagar,
Bhopalpura Road, Shastri Ngar, Bhilwara (Rajasthan).
15. Sukh Lal Hiran Son Of Shri Bhanwar Lal Hiran, Aged
About 74 Years, Resident Of 1-D-13, Shastri Nagar, Old
Housing Board, Kanakheda Road, Bhilwara (Rajasthan).
16. Radhe Shyam Sodani Son Of Shri Mohan Lal Sodhani,
Aged About 76 Years, Resident Of C-68, Karipuri, Bhilwara
(Rajasthan).
17. Dr. Radha Krishna Paliwal Son Of Shri Laloo Ram Paliwal,
Aged About 75 Years, Resident Of 4-A-17 New Housing
Board Colony, Shastri Ngar, Bhilwara (Rajasthan).
18. Dr. Kalu Singh Chundawat Son Of Shri M. L. Chundawa,
Aged About 75 Years, Laxmi Sagar, 21/273, Bhadada
Bagh, Bhopalganj, Bhilwara (Rajasthan).
19. Jai Chand Ranka Son Of Shri Lal Chand Ranka, Aged
About 82 Years, Resident Of 61, Ganpati Nagar, B.k. Kaul
Nagar, Ajmer (Rajasthan).
20. Bhagirath Chauhan Son Of Shri Chunni Lal Chauhan,
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Aged About 86 Years, Resident Of 19, Shastri Nagar, Main
Sector, Bhilwara (Raj.).
21. Smt. Sharda Verma Daughter Of Late Shri B.l. Shrivastav,
Aged About 80 Years, Resident Of 19, Sangam Colony,
Mayo Link Road, Ajmer (Rajasthan).
22. Dr. C P Taneja Son Of Shri Jaman Lal Taneja, B-62,
Sumitra Marg, Hanuman Nagar-B, Vaishali Nagar, Jaipur
(Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan).
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur
(Rajasthan).
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur, (Rajasthan).
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 3693/2021
1. Bhanwar Singh Rathore Son Shri Jaswant Singh, Aged
About 77 Years, Resident Of A-97, Kaseda House, Karni
Nagar, Pavanpuri, Bikaner (Rajasthan).
2. Dr. Surendra Nath Sharma Son Of Shri Narendra Nath
Sharma, Aged About 75 Years, Resident Of C-697,
Shourya Path, Pancheel, Makarwali Road, Ajmer
(Rajasthan).
3. Dr Prakash Chand Chandawat Son Of Purushottam
Chandawat, Aged About 73 Years, Resident Of 289-H,
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Shastri Nagar, Behind Ist Shopping Centre, Ajmer
(Rajasthan).
4. Dr. Munawar Hasan Son Of Shri Jhwor Mohammad, Aged
About 75 Years, Resident Of Shufi Circle House, Mohalla
Teeba, Makarana, Rajasthan.
5. Shri S.l. Sharma Son Of Late Shri Hari Kishan, Aged
About 83 Years, Resident Of Scheme-5, Mangal Vihar,
Alwar (Rajasthan).
6. Shri Radhe Shyam Son Of Shri Ghihu Lal Joshi, Aged
About 75 Years, Resident Of 110, Shastri Nagar,
Chittoragarh (Rajasthan).
7. Shri K.d. Sharma Son Of B. D. Sharma, Aged About 81
Years, Resident Of Peshav Nikaten, Purani Ginnani,
Bikaner (Rajasthan).
8. Shri V.p. Bhaya Son Of P H Bhaya, Aged About 75 Years,
Resident Of House No. 5-D-65, Jainarayan Vyas Colony,
Bikaner (Rajasthan).
9. Dr. Mahendra Kumar Jha Son Shri P.c. Jha, Aged About 76
Years, Resident Of E-350, Shastri Nagar, Mehdikhola,
Mandir Marg, Ajmer (Rajasthan).
10. Shri Ashok Kumar Baijal Son Shri K.g.n. Baijal, Aged
About 73 Years, Resident Of A-858, Chandraverdai Nagar,
Ajmer (Rajasthan).
11. Shri Gauri Shankar Asawa Son Of Shri Sundar Lal Asawa,
Aged About 76 Years, Resident Of 21, Shastri Nagar (Main
Scheme), Bhilwara (Rajasthan).
12. Shri Bhag Chandra Jain Son Of Nemi Chand Jain, Aged
About 76 Years, Resident Of C/o Prakash Chand Jain, 433,
Sita Bari, Karouli (Rajasthan).
13. Dr. Mrs. Prabha Bhatt Wife Of Shri A.c. Bhatt, Aged About
77 Years, Resident Of Kundan Nagar, Ajmer (Rajasthan).
14. Shri Harak Chndra Jain Son Of Shri Mohan Lal Jain, Aged
About 78 Years, Resident Of 1-D-18, Old Housing Board,
Shastri Nagar, Bhilwara (Rajathan).
15. Shri P A Mohlaha Son Of Shiv Ram Mohlaha, Aged About
84 Years, Resident Of Sarswati Bhawan, 103-A, Industrial
Area, Rani Bazar, Bikaner (Rajasthan).
16. Shri Vijay Kumar Trivedi Son Of Shri Laxmi Naraian
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Trivedi, Aged About 77 Years, Resident Of House No. 26,
Shanti Nagar, Sirohi (Rajasthan).
17. Shri Raghu Nath Bansal Son Of Shri Moolchand, Aged
About 75 Years, Resident Of House No. 1/544, Arawali
Viahr, Alwar (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan).
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur
(Rajasthan).
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur, (Rajasthan).
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 6332/2022
Shyam Sunder Bhatra S/o Late Shri Pokhar Mal Bhatra, Aged
About 80 Years, Pensioner, College Education Department And
Resident- Opposite Bhati Mansion, Bajaj Road, Po- Sikar (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Chief Secretary,
Secretariat, Jaipur, Rajasthan.
2. The Principal Finance Secretary, Finance Department,
Government Of Rajasthan, Secretariat, Jaipur
(Rajasthan).
3. The Director, Pension And Pensioners Welfare
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Department, Government Of Rajasthan, Jyothi Nagar,
Jaipur (Rajasthan)
----Respondents
S.B. Civil Writ Petition No. 6338/2022
Hema Ram Godara S/o Late Shri Lala Ram Godara, Aged About
76 Years, Pensioner, College Education Dept And Resident -
Godara Bhawan, Sunder Marg, Piparali Road, Po - Sikar (Raj)
-332001
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Chief Secretary,
Secretariat, Jaipur, Rajasthan.
2. The Principal Finance Secretary, Finance Department,
Government Of Rajasthan, Secretariat, Jaipur
(Rajasthan).
3. The Director, Pension And Pensioners Welfare
Department, Government Of Rajasthan, Jyothi Nagar,
Jaipur (Rajasthan)
----Respondents
S.B. Civil Writ Petition No. 6354/2022
Damodar Prasad Agarwal S/o Late Shri Kanhaiya Lal, Aged About
77 Years, Pensioner And Resident Vishwanath Mandir Marg,
Anand Nagar, Po Sikar (Raj)
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Chief Secretary,
Secretariat, Jaipur, Rajasthan.
2. The Principal Finance Secretary, Finance Department,
Government Of Rajasthan, Secretariat, Jaipur
(Rajasthan).
3. The Director, Pension And Pensioners Welfare
Department, Government Of Rajasthan, Jyothi Nagar,
Jaipur (Rajasthan)
----Respondents
S.B. Civil Writ Petition No. 6397/2022
Chiranji Lal Sharma S/o Late Shri Devki Nandan Sharma, Aged
About 83 Years, Pensioner And Resident- Yojana Nagar, Near
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Raijika Kua, Po Sikar (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Chief Secretary,
Secretariat, Jaipur, Rajasthan.
2. The Principal Finance Secretary, Finance Department,
Government Of Rajasthan, Secretariat, Jaipur
(Rajasthan).
3. The Director, Pension And Pensioners Welfare
Department, Government Of Rajasthan, Jyothi Nagar,
Jaipur (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 6532/2022
Parashu Ram Bhatti S/o Late Shri Gopal Bhatti, Aged About 80
Years, Pensioner And Resident-Iii-B-4, J.n. Vyas Colony, Po,
Bikaner (Raj)
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Chief
Secretary,secretariat, Jaipur,rajasthan
2. The Principal Finance Seretary, Finance Department,
Government Of Rajasthan, Secretariat, Jaipur (Rajasthan)
3. The Director, Pension And Pensioners' Welfare
Department, Government Of Rajasthan, Jyoti Nagar,
Jaipur (Rajasthan)
----Respondents
S.B. Civil Writ Petition No. 7779/2022
1. Smt. Savitri Devi Jain, Wife Of Late Shri Hukum Chand
Jain, Aged About 74 Years, Resident Of House No. 48,
Sector 7, Vidyadhar Nagar, Jaipur(Rajasthan)
2. Smt. Narayani Devi Joshi, Wife Of Late Shri B.g. Joshi,
Aged About 86 Years, Resident Of 82/a, Karni Nagar,
Pawanpuri, Near Bikaner Nursing Home,
Bikaner(Rajasthan)
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Government
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[2024:RJ-JP:12224] (14 of 26) [CW-19131/2023]
Of Rajasthan, Government Secretariat, Jaipur(Rajasthan)
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Government Secretariat, Jaipur(Rajasthan)
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur(Rajasthan)
4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur(Rajasthan)
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur(Rajasthan)
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur(Rajasthan)
----Respondents
S.B. Civil Writ Petition No. 7782/2022
1. R K S Bhatia Son Of Late Shri R L Bhatia, Aged About 78
Years, Resident Of 132, Bagban Apartments, Gh- 2,
Sector 28, Rohini, Delhi.
2. Nand Kumar Chaturvedi Son Of Late Shri Krishan Dayal
Chaturvedi, Aged About 86 Years, Resident Of Opposite
Railway Phatak No. 2, Maliyon Ka Mohalla, Ward No. 17,
Tehsil Sujangarh, District Churu (Rajasthan).
3. B L Verma Son Of Late Shri Basti Ram, Aged About 77
Years, Resident Of Nayabas, Naye Sadak, Ward No. 18,
Churu, District Churu (Rajasthan)
----Petitioners
Versus
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan).
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur
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[2024:RJ-JP:12224] (15 of 26) [CW-19131/2023]
(Rajasthan).
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur, (Rajasthan).
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 13263/2022
Nemi Chand Falvadia Son Of Late Shri Ram Jeevan Falvadia,
Aged About 81 Years, Resident Of Naya Bazar, Ward No.33,
Sujangarh, District Churu (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan)
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan)
4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur (Rajasthan)
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur (Rajasthan)
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan)
----Respondents
S.B. Civil Writ Petition No. 14285/2022
Sh. Pran Chand Upadhyay Son Of Late Shri Dev Raj Upadhyay,
Aged About 82 Years, Resident Of 5/38, Sfs Mansoraver, Agarwal
Farm, Jaipur (Rajasthan)
----Petitioner
Versus
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[2024:RJ-JP:12224] (16 of 26) [CW-19131/2023]
1. State Of Rajasthan, Through The Chief Secretary,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan)
2. Principal Secretary, Finance Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan)
3. Secretary To Government, Higher Education Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan)
4. Director, Pension And Pensioners Welfare Department,
Government Of Rajasthan, Jyoti Nagar, Jaipur
(Rajasthan).
5. Commissioner, College Education And Higher Education
Department, Government Of Rajasthan, Shiksha Sankul,
Jaipur, (Rajasthan).
6. Joint Secretary To Government, Finance (Rules Division)
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 19223/2023
Natthi Ram Gupta S/o Late Shr5 Prabhu Dayal Ji, Aged About 79
Years, Pensioner And Resident Of 178, Behind S.p. Ki Kothi , Po.
Alwar(Raj).
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Chief Secretary,
Secretariat, Jaipur, Rajasthan.
2. The Principal Finance Secretary, Finance Department ,
Government Of Rajasthan, Secretariat, Jaipur(Rajasthan).
3. The Director, Pension And Pensioners Welfare Department
, Government Of Rajasthan, Jyothi Nagar, Jaipur
(Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 6519/2022
Brij Mohan Jangid S/o Late Shri Madan Lal Jangid, Aged About
89 Years, Old Pensioner And Resident - Pragati Niwas, Jat
Colony, Piparali Road, Po Sikar (Raj.)
----Petitioner
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[2024:RJ-JP:12224] (17 of 26) [CW-19131/2023]
Versus
1. The State Of Rajasthan, Through Its Chief Secretary,
Secretariat, Jaipur, Rajasthan.
2. The Principal Finance Secretary, Finance Department,
Government Of Rajasthan, Secretariat, Jaipur
(Rajasthan).
3. The Director, Pension And Pensioners Welfare
Department, Government Of Rajasthan, Jyothi Nagar,
Jaipur (Rajasthan)
----Respondents
For Petitioner(s) : Mr. Saransh Saini with Mr. Sanjeer
Kumar, Mr. Vikash Jakhar, Ms. Hema
Tiwari
For Respondent(s) : Mr. Bhuvnesh Sharma, AAG with Mr.
Vivaswan Deekshit
HON'BLE MR. JUSTICE SAMEER JAIN
Order
11/03/2024
1. In the present bunch of petitions, the scope of the
controversy involved, both in law and facts, is identical. Therefore,
with the consent of learned counsel for both the sides, the present
bunch of petitions are being taken up for final disposal collectively.
For the purpose of recording arguments, S.B. Civil Writ Petition
No. 19131/2023 titled as Narayan Das vs. State of
Rajasthan and Ors., is being taken up as the lead file.
2. The present petition is filed with the following prayers:-
"i) Issue a writ, order or directions to quash and set
aside the impugned order of Revised Pension
Authority No. 7479505® Dated: 22.11/2019 under
Clause of Para-6 of FD Memorandum No. F.12 (6)
FD/Rules/2017 Pt-1 dated:05 Nov 2019 being unfair
and inconsistent to the provisions of para-2, 3, 5 of
FD Memo No. F. 12 (6) FD/Rules/2017 Pt-1 dated:
12 Jun 2019.
ii) issue a writ, order or directions declaring that the
pre-01/01/2016 Pensioners, Librarians (Selection
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[2024:RJ-JP:12224] (18 of 26) [CW-19131/2023]
Scale) drawing pension in RPB 37400-67000m with
AGP 9000/- are eligible for the notional pay fixation
in RPB 37400-67000 with AGP 9000/- prescribed for
the revision of pension of pre-01/01/2016 pensioner
under Clauses of para-2, para-3 and para-5 of the
Government of Rajasthan FD (Rules) Division
Memorandum No. f.12(6) FD/ Rules/ 2017 Pt-1
dated: 12 Jun 2019
3. Issue a writ of Mandamus directing the
respondents for the maintenance of parity in pension
revision to all pre-2016 pensioners and to issue a
revised pension authority to the petitioner in Level in
the Pay Matrix at AL-13A prescribed under Clause of
Paras-2, 3, 5 of the Government of Rajasthan FD
(Rules) Division Memorandum No. F.12(6) FD/
Rules/2017 Pt-1 dated: 12 Jun 2019 corresponding
to RPB 37400-67000 with AGP 9000/-
4. Issue any other appropriate writ, order or
direction which the Hon'ble Court deems fit and
proper in the peculiar facts and circumstances of this
case.
5. Award costs."
3. It is submitted by learned counsel for the petitioner that vide
order impugned dated 22.11.2019, grave discrimination has been
caused qua the petitioner, which in turn, violated the fundamental
rights of the petitioner as enshrined under Articles 14,16 and 21
of the Constitution of India. In this regard, it is averred that the
respondents have issued the revised authority of pension to many
pre-2016 pensioners, belonging to the same category as the
present petitioner, drawing pension in RPB 37400-67000 with AGP
9000/- in level in the Pay Matrix at AL-13A but denied the same
benefit to the petitioner(s) by issuing authority in level in Pay
Matrix at AL12(Annexure-6). Therefore, in the foregoing
circumstances, the instant petition is filed before this Court under
Article 226 of the Constitution of India.
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[2024:RJ-JP:12224] (19 of 26) [CW-19131/2023]
4. Vide orders dated 28.02.2024 and 04.03.2024, this Court
had raised specific queries before the counsel for the petitioner
regarding the maintainability of the instant petition, especially in
light of the existence/availability of an alternate and equally
efficacious remedy in law before the learned Rajasthan
Administrative Tribunal. In response, to draw out a case for the
maintainability of the instant petition before this Court, learned
counsel contended as under:-
4.1. That writ jurisdiction of the High Court can be evoked when
there is a violation of the principles of natural justice. In the facts
of the present case, despite raising the grievance(s) by way of
representations, the same were not considered by the respondent-
authorities. Rather, a deaf ear was turned to the said
representations.
4.2. That the petitioner is senior citizen aged 76 years, who
retired way back in the Year 2002. Therefore, relegating the
petitioner's grievance to RAT, at this belated stage, shall cause
undue hardship to the petitioner.
4.3. That from time to time, memorandum/circulars have been
published by the Government of Rajasthan, Finance Department
(Rules Division). Relying upon the memorandum dated
05.11.2019, learned counsel submitted that the learned RAT shall
not be well suited to address the petitioner's grievance(s).
4.4. That some of the petitions, from the instant bunch, were
filed during the period of Covid19, wherein pleadings are largely
complete. Therefore, relegating the matters at this stage, shall not
be in the interest of justice.
[2024:RJ-JP:12224] (20 of 26) [CW-19131/2023]
5. In support of the arguments advanced above, learned
counsel placed reliance upon the dictum of the Hon'ble Apex Court
as enunciated in Whirlpool India vs. Registrar of Trade Mark
reported in 1998 (8) SCC 1 and State of Rajasthan and Ors.
vs. Mahendra Nath Sharma: Civil Appeal No. 1123. Further
reliance was also placed upon the dictum of the Division Bench of
the Allahabad High Court as pronounced in Dhani Ram vs. Chief
Engineer Raj Ghat Project Betwa River Board, Nandanpura,
Jhansi and Ors.: Special Appeal No. 1301/2012.
6. Per contra, learned counsel for the respondent-State, Mr.
Bhuvnesh Sharma, AAG, raised a preliminary objection regarding
the maintainability of the instant petition, especially in light of the
existence of an equally efficacious alternate remedy before the
learned Rajasthan Administrative Tribunal. In this regard, it was
contended that by-passing the statutory alternate remedy, the
petitioners cannot be allowed to knock at the doors of this Court.
Furthermore, learned counsel for the respondent-State submitted
that even though the petitioner has retired, the petitioner
definitively fell within the ambit of a 'Government Servant' as
defined under Section 2(c) of the Rajasthan Civil Services (Service
Matters Appellate Tribunal) Act, 1976 (hereinafter, Act of 1976).
Therefore, the services rendered by the petitioner categorically fell
under the Section 2(f) of the Act of 1976. Hence, for the redressal
of the grievance noted above, the petitioner ought to approach the
learned Rajasthan Administrative Tribunal.
[2024:RJ-JP:12224] (21 of 26) [CW-19131/2023]
7. Heard learned counsel for both the sides, scanned the record
of the petition and perused through the judgments cited at Bar.
8. It is a settled position of law that in an eventuality where a
preliminary objection is raised against the maintainability of a
petition, the said objection ought to be adjudicated upon at the
outset, prior to delving into the factual considerations of the
dispute at hand. The elementary rationale behind the said
prioritized adjudication of the objection, pertains to the simple fact
that the outcome on the said preliminary objection regarding the
maintainability, shall have a direct nexus on the outcome of the
petition before this Court insofar as the petition may not be
entertained per se.
9. Accordingly, on the aspect of maintainability of the instant
petition, during the course of arguments, learned counsel for the
petitioner could not refute the fact that the petitioner would be
covered under the definition of a 'Government Servant' as
prescribed under Section 2(c) of the Act of 1976 nor could learned
counsel for the petitioner refute the fact that the lis before this
Court also falls under the definition of 'Service Matters' as defined
under Section 2(f) of the Act of 1976. In view thereof, since the
petitioner has an alternative and efficacious remedy available in
law, this Court does not deem it appropriate to entertain the
instant petition at the first instance, without the petitioner having
exhausted the alternate remedy available in law.
10. In this regard, on the maintainability of disputes before the
Rajasthan Administrative Tribunal on the subject matter of
'pension', reliance can be also be placed upon the dictum of the
[2024:RJ-JP:12224] (22 of 26) [CW-19131/2023]
Division Bench of this Court as enunciated in Jahangir Ali Khan
vs. State of Rajasthan and Ors.: D.B. Special Appeal (Writ)
No. 662/2022 wherein it was held as under:-
"6. The first contention of the learned Additional Advocate
General that the Tribunal had no jurisdiction to entertain the
dispute regarding the validity of an order of suspension,
cannot be accepted in view of wide definition of expression
"Service matter" given under Section 2 (f) of the Act of
1976.
7. Section 2, sub-section (f), being relevant, is extracted
hereinbelow:-
"(f) "Service matter" means any one or more than one of the
following matters relating to a Government Servant:-
(i) Seniority;
(ii) Promotion;
(iii) Confirmation;
(iv) Fixation of pay;
(v) An order denying or varying pay, allowances,
pension and other service conditions to the
disadvantage of a Government Servant, otherwise
than as a penalty;
(vi) Cases of reversion while officiating in a higher service,
grade or post to lower service, grade or post other-wise than
as a penalty;
(vii) Withholding the pension or denying the maximum
pension other-wise than as the penalty;
(viii) Any other matter notified by the Government."
8. Clause (v) of sub-section (f) of Section 2 of the Act of
1976 is very wide. It reads that an order denying or
varying pay, allowances, pension and other service
conditions to the disadvantage of a Government
Servant, other-wise than as a penalty would be
covered under the expression "Service matter". The
expression "any other service conditions to the disadvantage
of a Government Servant" would obviously include the
dispute arising on account of an action of suspending an
[2024:RJ-JP:12224] (23 of 26) [CW-19131/2023]
employee under the service Rules. Given the wide definition
under sub-section (f) as aforesaid, we have no reason to
hold that it excludes suspension issue. Therefore, the
contention of Ld. Additional Advocate General with regard to
jurisdiction on this aspect cannot be accepted and therefore
rejected."
12. This Court deems it appropriate to note that by way of the
preamble of the Act of 1976, it is categorically reflected that the
said Act seeks to provide for the constitution of Appellate Tribunals
for service matters and the matters which are incidental thereto.
In this background, it is noted that when the requisite tribunals
are constituted and are functioning smoothly with an expertise in
a specific subject-matter of law, then this Court whilst exercising
writ jurisdiction, ought to proceed slowly and relegate the matters
to the Tribunal, for due adjudication on merits.
13. The Hon'ble Apex Court, through a plethora of judicial
pronouncements, has time and again held that High Court's ought
not to entertain writ petitions, which are filed bypassing the
statutory alternative remedies. In the event where an alternate
remedy subsists, judicial prudence demands that the Courts
refrain from exercising writ jurisdiction, in the first instance. When
a petitioner approaches the Court without exhausting the alternate
remedy, the question with which the Court is posed, is not merely
limited to the maintainability of the petition itself, but rather, it's
entertainability as well. The Hon'ble Apex Court in State of
Maharashtra and Ors. vs. Greatship (India) Limited: Civil Appeal
No. 4956/2022, categorically held as under:-
"8. Now so far as the reliance placed upon the decisions of
this Court by the learned Senior Advocate appearing on
behalf of the respondent, referred to hereinabove, are
[2024:RJ-JP:12224] (24 of 26) [CW-19131/2023]
concerned, the question is not about the maintainability
of the writ petition under Article 226 of the
Constitution, but the question is about the
entertainability of the writ petition against the order
of assessment by-passing the statutory remedy of
appeal. There are serious disputes on facts as to whether
the assessment order was passed on 20.03.2020 or
14.07.2020 (as alleged by the assessee). No valid reasons
have been shown by the assessee to by-pass the statutory
remedy of appeal. This Court has consistently taken the view
that when there is an alternate remedy available, judicial
prudence demands that the court refrains from exercising its
jurisdiction under constitutional provisions.
9. In view of the above and in the facts and
circumstances of the case, the High Court has
seriously erred in entertaining the writ petition
against the assessment order. The High Court ought to
have relegated the writ petitioner - assessee to avail
the statutory remedy of appeal and thereafter to avail
other remedies provided under the statute."
13. Article 226 is not meant to short-circuit or circumvent
statutory procedures. It is only where statutory remedies are
entirely ill-suited to meet the demands of extraordinary situations,
as for instance where the very vires of the statute is in question or
where private or public wrongs are so inextricably mixed up and
the prevention of public injury and the vindication of public justice
require it that recourse may be had to Article 226 of the
Constitution. But then the Court must have good and sufficient
reason to bypass the alternative remedy provided by statute. We
can also take judicial notice of the fact that the vast majority of
the petitions under Article 226 of the Constitution are filed solely
for the purpose of obtaining interim orders and thereafter prolong
the proceedings by one device or the other. The practice certainly
needs to be strongly discouraged. The said view was enunciated
by the Hon'ble Apex Court in CCE vs. Dunlop India Ltd. reported
[2024:RJ-JP:12224] (25 of 26) [CW-19131/2023]
in (1985) 1 SCC 260. Similarly, the foregoing rationale has also
been propounded by the Hon'ble Apex Court in a variety of
subsequent judgments, including Punjab National Bank vs. O.C.
Krishnan reported in (2001) 6 SCC 569, United Bank of India
vs. Satyawati Tondon and Ors. reported (2010) 8 SCC 110,
M/s. Radha Krishnan Industries vs. State of Himachal
Pradesh and Ors. reported in (2021) 6 SCC 771 and Deputy
General Manager (Appellate Authority) and Ors. vs. Ajai
Kumar Srivastava reported in (2021) 2 SCC 612. Accordingly,
in light of the aforesaid, the reliance placed by the counsel for the
petitioner upon the Circular/Memorandum dated 05.11.2019
regarding the remedy before the Tribunal not being efficacious, is
also misconceived.
14. Nothing has been brought on record by the counsel for the
petitioners, warranting this Court to entertain the present petition,
especially in the presence of an equally efficacious alternate
remedy before the learned Rajasthan Administrative Tribunal,
which possesses the due expertise to adjudicate upon service
disputes and matters which are incidental thereto. Moreover, the
Tribunal would also be in a substantially better suited position to
determine the disputed factual considerations before the Court.
Moreover, the hitch advanced by the counsel for the petitioner in
approaching the Tribunal is merely based on presumptions and
assumptions as well, which cannot be given precedence over the
settled dictum of law.
15. Accordingly, in light of the foregoing observations and
considering the fact that an equally efficacious alternate remedy is
[2024:RJ-JP:12224] (26 of 26) [CW-19131/2023]
available before petitioner, this Court deems it appropriate to
relegate the present petition to the learned Rajasthan
Administrative Tribunal, for adjudication on merits.
16. However, looking to the fact that the petitioner is a senior
citizen aged 76 years and the pleadings in the matter are largely
complete, this Court directs the learned Rajasthan Administrative
Tribunal to pass final order(s) within a period of 3 months from
today. Additional submissions, if any, may be filed by either of the
sides before the learned Tribunal within a period of 7 days. It
goes without saying that the learned Tribunal shall pass a well-
reasoned speaking order, after effectuating due compliance with
the principles of natural justice and also, the law applicable.
17. In terms of the above, the instant petitions are disposed of.
Pending applications, if any, also stand disposed of.
18. A copy of this order be placed in each file of the present
bunch of petitions.
(SAMEER JAIN),J
ANIL SHARMA /612-629
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