Rajasthan High Court

Bajrang Lal Sharma, S/O Shri Kanhaiya ... vs State Of Rajasthan (2024:Rj-Jp:14147) on 21 March, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:14147]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 4394/2024
1.       Bajrang Lal Sharma, S/o Shri Kanhaiya Lal Sharma, Aged
         About 61 Years, R/o 18, Shiv Vihar, Mangyawas Road,
         New     Sanganer         Road,      Mansarovar,            Jaipur     Rajasthan
         Retired On 30.06.2022 From The Post Of Additional
         Administrative        Officer      (AAO)        At     O/o     Suprintending
         Engineer (S.E.), Public Health Engineering Department,
         DIPM Circle Jaipur Rajasthan
2.       Jagdish Prasad Sharma, S/o Shri Keshar Lal Sharma,
         Aged        About   61    Years,      R/o      D-9,        Chandra     Bhawan,
         Someshwar Mahadev Ki Gali, Brahmpuri, Tripoliya Bazar,
         Jaipur Rajasthan Retired On 30.06.2022 From The Post Of
         Estabilishment Officer, At O/o Executive Engineer And
         Technical Assistant II, Chief Engineer (Administration)
         Public Health Engineering Department, Jaipur Rajasthan
3.       Om Prakash Sharma, S/o Shri Madan Mohan Sharma,
         Aged About 68 Years, R/o House No. 2046, Deenanath Ji
         Ka Rasta, Chandpol Bazar, Jaipur Rajasthan Retired On
         30.06.2015          From      The       Post      Of        Assistant     Office
         Suprintendent, At O/o Executive Engineer And Technical
         Assistant, Office Of Additional Chief Engineer Project
         Region, Public Health Engineering Department, Jaipur
         Rajasthan
4.       Deen Dayal Meena, S/o Shri Bal Mukund Meena, Aged
         About 60 Years, R/o House No. 2/18, Rajasthan Housing
         Board, Gupteshwar Road, Dausa Rajasthan Retired On
         30.06.2023 From The Post Of Assistant Engineer (A.En),
         At O/o Suprintending Engineer, Public Health Engineering
         Department, Circle Dausa Rajasthan.
5.       Raja Ram Meena, S/o Shri Hajari Lal Meena, Aged About
         61 Years, R/o House No. 1/221, Rajasthan Housing
         Board, Gupteshwar Road, Dausa Rajasthan Retired On
         30.06.2022 From The Post Of Estabilishment Officer At
         O/o     Executive        Engineer         (MONE-II),          Public     Health
         Engineering Department, Jaipur Rajasthan
6.       Hanuman Sahai Sharma, S/o Shri Brij Mohan Pareek,
         Aged About 61 Years, R/o Plot No. 51, Ganesh Puri,
         Kalyanpura,         Sanganer,       Jaipur      Rajasthan           Retired   On
         30.06.2023 From The Post Of Estabilishment Officer At


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         O/o Executive Engineer And Technical Assistant II, Chief
         Engineer       (Administartion)           Public      Health     Engineering
         Department, Jal Bhawan Jaipur Rajasthan
7.       Laxmi Narayan Raigar, S/o Shri Lakhma Raigar, Aged
         About 61 Years, R/o Mohalla Raigaran, Near Bye Pass,
         Chhavani, Tonk Rajasthan Retired On 30.06.2023 From
         The Post Of Estabilishment Officer At O/o Suprintending
         Engineer, Public Health Engineering Department, Circle
         Sawai Madhopur Rajasthan
8.       Shivji Ram Choudhary, S/o Shri Govind Narayan, Aged
         About 61 Years, R/o 28, Big Bazar, Vasundhara Colony,
         Jaipur Rajasthan Retired On 30.06.2023 From The Post Of
         Meter Inspector At O/o Assistant Engineer, Public Health
         Engineering Department, City Sub Division VII (South),
         Durgapura Jaipur Rajasthan
                                                                        ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through Its Principal Secretary, Public
         Health Engineering Department, Government Secretariat,
         Jaipur Rajasthan
2.       Chief       Engineer     (Administration),           Public     Health   And
         Engineering Department, Rajasthan, Jaipur..
3.       Chief Engineer (Rural), Public Health And Engineering
         Department, Jal Bhawan, Jaipur Rajasthan
4.       Suprintending Engineer (S.E.), Public Health Engineering
         Department, DIPM Circle Jaipur Rajasthan
5.       Executive Engineer And Technical Assistant II, Chief
         Engineer       (Administration)           Public      Health     Engineering
         Department, Jal Bhawan, Jaipur Rajasthan
6.       Executive Engineer And Technical Assistant, Office Of
         Additional Chief Engineer Project Region, Public Health
         Engineering Department, Jaipur Rajasthan
7.       Suprintending          Engineer,          Public     Health      Engineering
         Department, Circle Dausa Rajasthan
8.       Executive Engineer (MONE-II), Public Health Engineering
         Department, Jaipur Rajasthan
9.       Suprintending          Engineer,          Public     Health      Engineering
         Department, Circle Sawai Madhopur Rajasthan


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10.      Assistant Engineer, Public Health Engineering Department,
         City Sub Division VII (South), Durgapura Jaipur Rajasthan
11.      Director,   Pension       Department,           Jyoti    Nagar,   Jaipur
         Rajasthan
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Vijay Pathak
                                Mr. Vinod Kumar Singhal
For Respondent(s)         :     Mr. Rituraj Singh for
                                Mr. S.S. Naruka, AAG



                HON'BLE MR. JUSTICE SAMEER JAIN

                                     Order

21/03/2024

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 respondents 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.

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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), Di-vision

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 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 petitioner shall be at liberty to file a detailed

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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

DEEPAK/4