Rajasthan High Court
Shri Rewa Chand Son Of Shri Bhugra Mal vs State Of Rajasthan (2024:Rj-Jp:13390) on 18 March, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:13390]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3900/2024
1. Shri Rewa Chand Son Of Shri Bhugra Mal, Aged About 66
Years, R/o Of 163-B, Jawahar Marg, Devi Nagar, New
Sanganer Road, Jaipur Retired Deputy Secretary, Social
Justice And Empowerment, Department Of Personal (A-
4/2), Government Secretariat, Jaipur.
2. Smt. Sheela Rani W/o Of Suresh Keswani, Aged About 61
Years, R/o Of 74/108, Shipra Path, Mansoraver, Jaipur
Retired Senior Deputy Secretary, Education (Gr.5)
Department, Department Of Personnel (A-4/2),
Government Secretariat, Jaipur.
3. Shri Balmukand Sharma Son Of Shri Jagdish Prasad
Sharma, Aged About 66 Years, R/o Of A-47, Jagdamba
Nagar, Ajmer Road, Heerapura, Jaipur Retired Senior
Deputy Secretary, Urban Development And Housing
Department, Department Of Personnel (A-4/2),
Government Secretariat, Jaipur.
4. Shri Kailash Kumar Joshi Son Of Mool Chand Joshi, Aged
About 66 Years, R/o 24, Krishna Nagar Imli Phatak, Jaipur
Retired Private Secretary, Department Of Personnel (A-
4/2), Government Secretariat, Jaipur.
5. Shri Punkesh Sharma Son Of Harinarain Sharma, Aged
About 63 Years, R/o Of 47/103, Kirtan Path, Mansoraver,
Jaipur Retired Senior Deputy Secretary, Home (Grade-I)
Department, Department Of Personnel (A-4/2),
Government Secretariat, Jaipur.
6. Shri Kartar Singh Grover Son Of Shri Jaswant Singh, Aged
About 66 Years, R/o Of 354, Gurunanak Pura Adarsh
Nagar, Jaipur Retired Deputy Secretary, Rd And Pr,
Department Of Personnel (A-4/2), Government
Secretariat, Jaipur.
7. Shri Heman Das Ramchandani Son Of Shri Chuhar Mal
Ramchandani, Aged About 64 Years, R/o Of 59-B, Ganesh
Vihar, Modal Town, Malviya Nagar, Jaipur Retired Senior
Deputy Secretary, Soldiers Welfare Department,
Department Of Personnel (A-4/2), Government
Secretariat, Jaipur.
8. Shri Gopal Krishan Gupta Son Of Lt. Shri Ram Swaroop
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Gupta, Aged About 65 Years, R/o Of 7 Diwan Colony,
Opposite Jain Nasian, Outside Gangapole, Badanpura,
Jaipur Retired Deputy Secretary, Departmental Enquiry,
Department Of Personnel (A-4/2), Govt. Secretariat,
Jaipur.
9. Shri Mukut Behari Sharma Son Of Shri Satyanarain
Sharma, Aged About 62 Years, R/o Of 84/206, Agarwal
Farm, Mansoravar, Jaipur Retired Principal Secretary
Revenue Department Of Personnel (A-4/2), Government
Secretariat, Jaipur.
10. Shri Pamandas Jadwani Son Of Dhannomal Jadwani, Aged
About 65 Years, R/o Of 128, Katewa Nagar, New
Sanganer Road, Jaipur. Retired Deputy Secretary To
Government Cmo Office, Department Of Personnel (A-
4/2), Government Secretariat, Jaipur.
11. Shri Gopal Lal Dhamani Son Of Late Shri M.l. Dhamani,
Aged About 69 Years, R/o Of Plot No. 9, Shri Ganesh
Colony Purana Ramgarh Road, Jaipur Retired Deputy
Secretary, Cmo Office, Department Of Personnel (A-4/2),
Government Secretariat, Jaipur.
12. Shri Govind Kumar Pareek, Son Of Shri Anand Kishore
Pareek, Aged About 65 Years, R/o Of 3832, Vishnu Marg,
Gangori Bazar, Jaipur Retired Private Secretary, C.m.o.
Office, Department Of Personnel (A-4/2), Government
Secretariat, Jaipur.
13. Shri Kailash Chand Singadia, Aged About 63 Years, R/o Of
Prateek Vihar, Near Airport Boundary, Manoarpura,
Jagatpura, Jaipur Retired Senior Deputy Secretary, Law
And Legal Affairs Department, Department Of Personnel
(A-4/2), Government Secretariat, Jaipur.
14. Shri Ramavtar Sharma Son Of Shri Jagdish, Aged About
69 Years, R/o Of House No. 4340, Langar Ke Balaji Ka
Rasta, Purani Basti Jaipur Retired Deputy Secretary, Law
And Legal Affairs Department, Department Of Personnel
(A-4/2), Government Secretariat, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Government
Of Rajasthan, Government Secretariate Jaipur.
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2. State Of Rajasthan, Through The Principal Secretary,
Department Of Personnel (A-4/2), Government
Secretariate, Jaipur.
3. The Principal Secretary, Government Of Rajasthan,
Department Of Finance, Government Secretariat, Jaipur
4. The Director, Treasury And Accounts Department,
Rajasthan Jaipur.
5. The Director, Directorate Of Pension And Pensioners
Welfare, Rajasthan Jyoti Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Saurav Harsh
For Respondent(s) : Mr. Yash Joshi for
Mr. Vigyan Shah, AAG
HON'BLE MR. JUSTICE SAMEER JAIN
Order
18/03/2024
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
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
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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
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
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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/17
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