Rajasthan High Court
Vinod Kumar Tinna, S/O Shri Kashmiri Lal ... vs State Of Rajasthan (2024:Rj-Jp:13245) on 18 March, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:13245]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4041/2024
1. Vinod Kumar Tinna, S/o Shri Kashmiri Lal Tinna, Aged
About 69 Years, R/o Setia Colony, Gali No.10, Guru Nanak
Road, Sri Ganganagar Rajasthan, Retired On 30.06.2014
From The Post Of Upper Division Clerk (Clerk Grade Ist),
At O/o Asistant Commissioner (Works Tax), Commercial
Tax Department, Sri Ganganagar Rajasthan
2. Ravindra Kumar Harsh, S/o Shri Shiv Prashad Harsh,
Aged About 69 Years, R/o Shiv Bhawan, Out Side Idgah
Bari, Near Pushkarna Stadium Bikaner Rajasthan, Retired
On 30.06.2014 From The Post Of Commercial Tax Officer
At O/o Appeallate Authority, Commercial Tax Department,
Bikaner Rajasthan
3. Subhash Chandra Sharma, S/o Shri Phool Chand Sharma,
Aged About 69 Years, R/o 5-M-29, Jawahar- Nagar Sri
Ganganagar Rajasthan, Retired On 30.06.2014 From The
Post Of Assistant Commercial Tax Officer, At O/o Asistant
Commissioner, Circle (Counterfeiting Evasion),
Commercial Tax Department, Sri Ganganagar Rajasthan
4. Madan Lal Khurana, S/o Shri Hari Chand, Aged About 68
Years, R/o 87-P-Block, Sri Ganganagar Rajasthan, Retired
On 30.06.2015 From The Post Of Upper Division Clerk
(Clerk Grade Ist), At O/o Asistant Commissioner,
Commercial Tax Department, Circle-B, Sri Ganganagar
Rajasthan
5. Shyam Lal Grover, S/o Shri Bal Kishan, Aged About 67
Years, R/o House No.4, Jawahar Nagar, Sector No.6,
Block-L, Sri Ganganagar Rajasthan, Retired On
30.06.2016 From The Post Of Upper Division Clerk (Clerk
Grade Ist), At O/o Deputy Commissioner
(Administration), Commercial Tax Department, Sri
Ganganagar Rajasthan
6. Sarwan Kumar, S/o Shri Jodha Ram, Aged About 65
Years, R/o 62,j-Block, Sri Ganganagar Rajasthan, Retired
On 30.06.2018 From The Post Of Senior Assistant At O/o
Deputy Commissioner (State Tax), Circle A, Commercial
Tax Department, Sri Ganganagar Rajasthan
7. Shyam Lal Harsh, S/o Shri Jodha Ram, Aged About 69
(Downloaded on 29/03/2024 at 09:15:20 PM)
[2024:RJ-JP:13245] (2 of 4) [CW-4041/2024]
Years, R/o Maidas Ji Harsh Ki Haweli, 814, Ward No.14,
Lohra Street, Veer Mohalla Jodhpur Rajasthan, Retired On
30.06.2014 From The Post Of Commercial Tax Officer At
O/o Appeallate Authority, Commercial Tax Department,
Jodhpur Ist , Jodhpur Rajasthan
8. Hans Raj Chhabra, S/o Shri Mangal Das Chhabra, Aged
About 65 Years, R/o House No. 202B, Gali No.5,near
Guna Ram Dass, Gurudawara, Setia Colony Sri
Ganganagar Rajasthan, Retired On 30.06.2018 From The
Post Of Assistant Administrative Officer At O/o Assistant
Commissioner (State Tax), Circle B, Commercial Tax
Department, Sri Ganganagar Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Finance Department, Government Secretariat, Jaipur.
2. Commissioner, Commercial Tax Department, Rajasthan,
Jaipur.
3. Additional Commissioner (Admn.), Head Quarter
Commercial Tax Department Division, Jaipur-Ii
4. Joint Commissioner (Admn.), Commercial Tax
Department, Sri Ganganagar
5. Joint Commissioner (Admn.), Commercial Tax
Department, Bikaner Rajasthan
6. Appeallate Authority, Commercial Tax Department,
Jodhpur Ist , Jodhpur Rajasthan
7. Director, Pension Department, Jyoti Nagar Jaipur,
Rajasthan
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Singhal for
Mr. Vijay Pathak
For Respondent(s) : Mr. S.S. Nirwan for
Mr. S.S. Naruka, AAG
HON'BLE MR. JUSTICE SAMEER JAIN
Order
[2024:RJ-JP:13245] (3 of 4) [CW-4041/2024]
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
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
[2024:RJ-JP:13245] (4 of 4) [CW-4041/2024]
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
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/26
Powered by TCPDF (www.tcpdf.org)
