Disposed

Mahaveer Singh Son of Shri Devi Singh v. the State of Rajasthan

Rajasthan HC13 Dec 2021CW/11163/2020

Case brief

AI extract

What is this about?

The Court disposed of the writ petition for recovery of excess pension paid under a State notification, relying on a recent Division Bench judgment that held the controversy resolved and directed recovery suspension pending a final government decision.

What did the court decide?

Pending application disposed of in terms of the direction issued by a Division Bench in case of Santosh Sharma.

Mahaveer Singh Son of Shri Devi Singh Vs… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 11163/2020

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Mahaveer Singh Son Of Shri Devi Singh, Aged About 61 Years, Resident Of Village Uber, Tehsil Deeg, District Bharatpur (Rajasthan)

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Narendra Singh Son Of Sardar Singh, Aged About 61 Years, Resident Of Village Bhanch, Tehsil Deeg, District Bharatpur (Rajasthan)

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary, Conservator Of Forest, Secretariat, Jaipur

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The Regional Conservator Of Forest (Hoff), Rajasthan, Jaipur

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The Conservator Of Forest, Bharatpur (Rajasthan)

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----Respondents

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For Petitioner(s)	: Mr. Umesh Kumar Sharma
For Respondent(s)	: Mr. R.P. Singh, AAG with
	Mr. Jaivardhan Singh Shekhawat

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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13/12/2021

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This writ petition has been filed for quashing the order dated 26.08.2020 directing for recovery of the excess amount paid to the petitioner in terms of notification dated 30.10.2017 issued by the State Government.

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Learned counsels for the respective parties are in agreement that the controversy raised herein stands resolved by a Division Bench Judgment of this Court dated 25.11.2021 passed in D.B. Civil Writ Petition No.5920/2021, Santosh Sharma Vs. State

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(2 of 2)

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[CW-11163/2020]

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of Rajasthan & other connected matters and prayed that the instant writ petition may also be disposed of in similar terms.

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In case of Santosh Sharma (supra), a Division Bench of this

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Court directed as under:

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“Under the circumstances, all these petitions are disposed of with the following directions:-

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(i) Let the Government reconsider the entire issue as is stated before us. Final decision preferably may be taken by 28^th February, 2022.

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(ii) After the decision is taken by the Government, if any of the grievances of the petitioners survive, it would be open for them to file fresh petitions.

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(iii) Till fresh decision is taken, the State Government shall not make any further recovery on the basis of the notification dated 30^th October, 2017.

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(iv) Recoveries already made from the pensioners would be refunded, subject to final decision of the Government, subject to further challenge.”

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In view thereof, this writ petition stands disposed of in terms

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of direction issued by a Division Bench of this Court in case of Santosh Sharma (supra) which shall apply mutatis mutandis to this case also.

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The pending application stands disposed of accordingly.

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(MAHENDAR KUMAR GOYAL),J

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PRAGATI/104

Mahaveer Singh Son of Shri Devi Singh v. the State of Rajasthan

Case brief

What is this about?

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Mahaveer Singh Son of Shri Devi Singh v. the State of Rajasthan

Case brief

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