Rajasthan High Court
Anand Swaroop Chhimpa, S/O Shri Mam Raj ... vs State Of Rajasthan (2024:Rj-Jp:12266) on 12 March, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:12266]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3653/2024
1. Anand Swaroop Chhimpa, S/o Shri Mam Raj Chhimpa,
Aged About 63 Years, R/o House No. 141, Cgr City, Near
Nathawali Hanumangarh Road, Sri Ganganagar
Rajasthan- Retired On 30.06.2020 From The Post Of Joint
Director At O/o Joint Director Agriculture (Extension) Sri
Ganganagar Rajasthan
2. Bhanu Pratap Sukhija, S/o Shri Vishan Dass Sukhija,
Aged About 63 Years, R/o House No. 09, P Block, Sri
Ganganagar Rajasthan- Retired On 30.06.2020 From The
Post Of Assistant Agriculture Officer At O/o Deputy
Director Agriculture (Extension), Zila Parishad Sri
Ganganagar Rajasthan
3. Laxman Singh Brar, S/o Shri Hamir Singh Brar, Aged
About 63 Years, R/o 62, Sri Guru Teg Bahadur Nagar,7Z
Sri Ganganagar Rajasthan- Retired On 30.06.2020 From
The Post Of Agriculture Supervisor At O/o Assistant
Director Agriculture (Extension) Sri Ganganagar
Rajasthan
4. Radha Krishan Jat, S/o Shri Mani Ram Jat, Aged About 60
Years, R/o 4 Ml, chak 5E Chhoti Sri Ganganagar
Rajasthan- Retired On 30.06.2023 From The Post Of
Assistant Agriculture Officer At O/o Assistant Director
Agriculture (Extension) Sri Ganganagar Rajasthan
5. Saroop Singh, S/o Shri Shyam Singh, Aged About 64
Years, R/o House No.100, Gandhi Basti, Ward No.4, Back
Side Labour Court, Old Abadi, Sri Ganganagar Rajasthan-
Retired On 30.06.2019 From The Post Of Additional
Administrative Officer At O/o Joint Director Agriculture
(Extension) Sri Ganganagar Rajasthan
6. Chanan Ram, S/o Shri Ganpat Ram, Aged About 65 Years,
R/o I-22, Ridhi Sidhi Enclave-2, Sri Ganganagar
Rajasthan- Retired On 30.06.2018 From The Post Of
Additional Administrative Officer At O/o Joint Director
Agriculture (Extension) Sri Ganganagar Rajasthan
7. Girdhari Lal Matoria, S/o Shri Manphool Ram Matoria,
Aged About 60 Years, R/o 46-A Prem Nagar, Near New
Dhan Mandi,ward No.29,sri Ganganagar Rajasthan-
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[2024:RJ-JP:12266] (2 of 4) [CW-3653/2024]
Retired On 30.06.2023 From The Post Of Agriculture
Supervisor At O/o Assistant Director Agriculture
(Extension) Sri Ganganagar Rajasthan
8. Malkiat Singh, S/o Shri Rounak Singh, Aged About 73
Years, R/o 7 P Block,sri Ganganagar Rajasthan- Retired
On 30.06.2010 From The Post Of Office Assistant At O/o
Assistant Director Agriculture (Extension) Anupgarh Sri
Ganganagar Rajasthan
9. Ramesh Kumar Dhingra, S/o Shri Diwan Chand Dhingra,
Aged About 68 Years, R/o Ridmalsar, Vpo-60 Lnp, Sub
District Padampur District Sri Ganganagar Rajasthan-
Retired On 30.06.2015 From The Post Of Agriculture
Supervisor At O/o Assistant Director Agriculture
(Extension) Sri Ganganagar Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Agriculture Department, Government Secretariat, Jaipur.
2. Commissioner, Agriculture, Commissionerate, Jaipur
Rajasthan
3. Additional Director, Agriculture Extension, Division Sri
Ganganagar, Rajasthan
4. Director, Pension Department, Jyoti Nagar, Jaipur
Rajasthan
----Respondents
For Petitioner(s) : Mr. Vijay Pathak
Mr. Vinod Kumar Singhal
For Respondent(s) : Mr. Ajay Pratap Singh, Dy. G.C.
HON'BLE MR. JUSTICE SAMEER JAIN
Order
12/03/2024
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:12266] (3 of 4) [CW-3653/2024]
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 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
[2024:RJ-JP:12266] (4 of 4) [CW-3653/2024]
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
JKP/6
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