Rajasthan High Court
Ram Prasad Sharma S/O Shri Prabhulal vs State Of Rajasthan (2024:Rj-Jp:20354) on 1 May, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:20354]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15040/2023
Ram Prasad Sharma S/o Shri Prabhulal, Aged About 67 Years,
R/o House No. 321-A, Rajpoot Sector, Near Naala, Keshavpura,
Kota, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Energy, Government Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. Joint Director (Personnel), Kota Super Thermal Power
Station, Kota, Rajasthan.
3. Chief Personnel Officer, Rajasthan Rajya Vidhyututpadan
Nigam Limited, Vidhyut Bhawan, Janpath, Jaipur.
4. Director (Finance), Rajya Vidhyututpadan Nigam Limited,
Vidhyut Bhawan, Janpath, Jaipur.
5. Chairman And Managing Director, Rajya Vidhyututpadan
Nigam Limited, Vidhyut Bhawan, Janpath, Jaipur.
6. Assistant Secretary (Pension), Rajasthan Rajya
Vidhyututpadan Nigam Limited, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ram Kumar Swami for
Mr. Rakesh Swami
For Respondent(s) : Mr. Bhuvnesh Sharma, AAG
HON'BLE MR. JUSTICE SAMEER JAIN
Order
01/05/2024
1. Learned counsel for the petitioner 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
[2024:RJ-JP:20354] (2 of 3) [CW-15040/2023]
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 petitioner has 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 petitioner has
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.
[2024:RJ-JP:20354] (3 of 3) [CW-15040/2023]
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
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
Pooja /103
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