Allowed

Jitendra Singh Chouhan v. State of Rajasthan

Rajasthan HC4 Apr 2022CW/12659/2020

Case brief

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What is this about?

Writ petition challenging State of Rajasthan's proposal to recover amounts from government servants based on Notification dated 30.10.2017. Bench quashed recovery proposal and directed Government not to effect further recovery.

What did the court decide?

Directed State Government not to effect recovery of amounts paid to petitioners as a result of Notification dated 30.10.2017.

Jitendra Singh Chouhan Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Civil Writ Petition No. 12659/2020

¶3

Jitendra Singh Chouhan S/o Sh. Kishan Singh Chouhan, Aged About 50 Years, Judicial Assistant, Rajasthan High Court, Jodhpur, R/o Tripoliya Bazar, First Street, Jodhpur.

¶4

Anand Singh Rajpurohit S/o Sh. Amar Singh Rajpurohit, Aged About 45 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o Kosana House, Rasala Road, Prithvi Pura, Jodhpur.

¶5

Durgesh Sharma S/o Sh. Amar Lal Sharma, Aged About 51 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o Pachetiya Hill, Near Jwalamukhi Temple, Jodhpur.

¶6

Prem Prakash S/o Late Sh. Ramniwas Choudhary, Aged About 47 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o House No. 86, Jodhpur.

¶7

Ashok Kumar Sharma S/o Late Sh. Asu Lal Sharma, Aged About 56 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o Kriya Ka Jhalra, Vidhyashala, Out Side Chandpole, Jodhpur.

¶8

Devender Dave S/o Late Sh. Bhagwati Lal, Aged About 51 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o Brahampuri Thakurdwara, Hoda Ki Gali, Jodhpur.

¶9

Kailash Sharma S/o Sh. Om Prakash Sharma, Aged About 45 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o 103, Sugan Vihar, Opp. B. R. Birla School, Jodhpur.

¶10

Mahendra Kumar Soni S/o Sh. Shankar Lal Soni, Aged About 53 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o Near City Police Station, City Police, Jodhpur.

¶11

Mahendra Kuldeep Panwar S/o Sh. Dheeraj Mal Panwar, Aged About 47 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o 114, Meera Nagar, Jhalamand Circle, Jodhpur.

¶12

Shyam Manohar Vyas S/o Sh. Bajrang Lal, Aged About 53 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o Kayasth Mohalla, Singh Pole, Jodhpur.

¶13

Rajendra Singh Bhati-Ii S/o Late Sh. Madan Singh, Aged About 51 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o 16/142, Chopasani Housing Board, Jodhpur

¶14

Poonam Gehlot D/o Late Sh. Mangal Singh, Aged About 41 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o 9/403, Kudi Bhagtasni Housing Board, Jodhpur

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Amar Chand Panwar S/o Sh. Kishan Lal Panwar, Aged

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(2 of 4)

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[CW-12659/2020]

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About 48 Years, Judicial Assistant, Rajasthan High Court, Jodhpur, R/o Cg-10, High Court Colony, Jodhpur.

¶19

Gajanand Swarnkar S/o Sh. Madan Lal, Aged About 51 Years, Junior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o U.i.t. Qtr. No. 46, Kirti Nagar, Jodhpur.

¶20

Durgaram Choudhary S/o Sh. Pukaram Choudhary, Aged About 48 Years, Junior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o 82/44, Deffence Colony, Nandri, Banar Road, Jodhpur.

¶21

Nahar Singh S/o Sh. Rameshwar Lal, Aged About 37 Years, Junior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o C-F-9, High Court Colony, Jodhpur.

¶22

Badri Lal S/o Sh. Bhanwar Lal, Aged About 55 Years, Chauffeur, Rajasthan High Court, Jodhpur, R/o House No. 39, Bapu Nagar, Jhalamand, Jodhpur.

¶23

Devi Singh Rajput S/o Sh. Nakad Singh, Aged About 45 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o Gajanand Gali, Guron Ka Talab, Kamla Nehur Nagar, Jodhpur.

¶24

Champa Lal Joshi S/o Sh. Shankar Lal Joshi, Aged About 50 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o Plot No. 292, Patrakar Colony, New Power House Road, Jodhpur.

¶25

Chain Singh Chouhan S/o Sh. Madan Singh Chouhan, Aged About 52 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o H-Iv/20, Vikramaditya Nagar, Jodhpur.

¶26

Jagdish Singh Rajpurohit S/o Sh. Babu Singh, Aged About 51 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o Tej Bhawan, Suraj Sing Ki Kothi, Outside Sojati Gate, Jodhpur.

¶27

Karan Singh S/o Sh. Kishore Singh, Aged About 51 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o V.p. Inda Ki Dhani, Bhikamkaur, Teh. Osian, Distt. Jodhpur.

¶28

Barkat Khan S/o Sh. Fakeer Mohd., Aged About 52 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o Sindhiyon Ka Bas, Pipar City.

¶29

Aamin Khan S/o Sh. Jaswant Khan, Aged About 54 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o Plot No. 45, Ramjan Ji Ka Hattha, Ekta Nagar, Jodhpur.

¶30

Bhima Ram S/o Sh. Heera Ji, Aged About 51 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o Cg-43, High Court Colony, Jodhpur.

¶31

Surendra Singh Solanki S/o Sh. Sanwar Singh, Aged About 49 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o 19, High Court Colony, Jodhpur.

¶32

Rajendra Gehlot S/o Sh. Hari Prakash Gehlot, Aged About 57 Years, Chauffeur, Rajasthan, High Court, Jodhpur, R/o Mahamandir, Juni Bhakar, Jodhpur.

¶33

Bilal Ahmed S/o Sh. Sanwar Singh, Aged About 58 Years, Carpainter, Rajasthan High Court, Jodhpur R/o Gali No. 3,

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(3 of 4)

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[CW-12659/2020]

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Khanya, Nail Sarak, Jodhpur.

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Jugal Kishore S/o Late Sh. Shankar Singh, Aged About 53 Years, Pump Driver, Rajasthan High Court, Jodhpur, R/o Plot No. 241, Rameshwar Nagar, Ist Phase Basni, Jodhpur.

¶38

Chandra Shekhar Pandey S/o Late Sh. Moti Lal Pandey, Aged About 58 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o Sevgo Ki Gali, Singh Pole, Jodhpur.

¶39

Mandal Prakash Vyas S/o Late Dr. Anand Prakash Vyas, Aged About 54 Years, Senior Judicial Assistant, Rajasthan High Court, Jodhpur, R/o 2-Chh-30, First Puliya, Chopasani Housing Board, Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

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The Principal Secretary, Department Of Finance (Budget), Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

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The Rajasthan High Court, Jodhpur, Through Its Registrar General.

¶45

----Respondents

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For Petitioner(s) : Mr. Sushil Solanki For Respondent(s) : Mr. Chayan Bothra, Associate to Dr. Sachin Acharya, Senior Advocate

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

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Order

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04/04/2022

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This writ petition calls into question the action of the respondents in proposing to effect recoveries from the petitioners Government servants as a consequence of the notification dated 30^th October, 2017 issued by the State Government.

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Learned counsel Shri Solanki has drawn the Court’s attention to the order dated 25.11.2021 passed by Coordinate Division Bench of this Court in a bunch of writ petitions led by Santosh Sharma vs State of Rajasthan (D.B. Civil Writ Petition

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(4 of 4)

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[CW-12659/2020]

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No.5920/2021), which was 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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We are informed that in some of the petitions additional issues have also been raised. None of these issues would get affected by this order. It would be open for the petitioners to file an independent petition, as may be advised subject to all objections of the Government which are kept open.”

¶60

As a consequence to the above directions, the State Government has issued two memoranda (No.F.

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14(88)FD/Rules/2008 and No.F.15(88)FD/Rules/2017) dated 27.02.2022 so as to resolve the controversy. Consequently, it is hereby directed that no recovery of the amounts already paid to the petitioners shall be effected as a consequence of Notification dated 30.10.2017. In case, the petitioners are aggrieved of the memoranda dated 27.02.2022, they shall be at liberty to challenge the same as per law.

¶62

The writ petition is disposed of in these terms.

¶63

(FARJAND ALI),J

¶64

(SANDEEP MEHTA),J

¶65

27-Sudhir Asopa/-

Jitendra Singh Chouhan v. State of Rajasthan

Case brief

What is this about?

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Jitendra Singh Chouhan v. State of Rajasthan

Case brief

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