Disposed

Mathura Lal C.T. No. - 680 S/O Sh. Gopal v. State of Rajasthan

Rajasthan HC10 Feb 2022CW/2257/2022

Case brief

AI extract

What is this about?

This writ petition challenging amendments to Rajasthan Civil Services pay rules was disposed of by applying directions from a previous identical case. A deadline was set for the Government's decision, restraining further recovery and requiring a refund of recoveries made from pensioners.

What did the court decide?

The Government directed to reconsider the issue by 28.02.2022; no further recoveries until a fresh decision; recoveries from pensioners to be refunded.

Mathura Lal C.T. No. - 680 S/O Sh. Gopal… — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Civil Writ Petition No. 2257/2022

¶3

Mathura Lal C.t. No. - 680 S/o Sh. Gopal, Aged About 56 Years, At Present Working In O/o Superintendent Of Police, Swaimadhopur (Rajasthan).

¶4

Dinesh C.t No. 91 Son Of Shri Kana Ram, Aged About 31 Years, At Present Working In O/o C.o City Office, Swaimadhopur (Rajasthan).

¶5

Smt. Bhagwani Sanyee C.t No. 98, W/o Shivpal, Aged About 36 Years, At Present Working In O/o Superintendent Of Police, City Circle, Swaimadhopur (Rajasthan).

¶6

Smt Reena Ct No. 281, W/o Hukum Chand, Aged About 32 Years, At Present Working In O/o Superintendent Of Police, City Circle, Swaimadhopur (Rajasthan).

¶7

Smt Saroj Kumari C.t No. 1068 W/o Liladhar, Aged About 31 Years, At Present Working In O/o Superintendent Of Police, City Circle, Swaimadhopur (Rajasthan).

¶8

Balveer Singh Charan Hc No. 348 Son Of Shri Sajjan Singh, Aged About 35 Years, At Present Working At P.sRavajana Dungar, Swaimadhopur (Rajasthan).

¶9

Mohit Kumar C.t No. 85 Son Of Shri Ramlakhan, Aged About 30 Years, At Present Working At P.s- Chouth Ka Barwara, Swaimadhopur (Rajasthan).

¶10

Smt. Nirma Bairwa C.t No. 108, Wife Of Prithvi Lal, Aged About 31 Years, At Present Working At Mahila Thana, Swaimadhopur (Rajasthan).

¶11

Harimohan Ct No. 421 Son Of Shri Harikesh, Aged About 34 Years, At Present Working At Police StationBamanwas, Swaimadhopur (Rajasthan).

¶12

Rajesh Singh C.t No. 278 Son Of Shri Girdhar Singh, Aged About 48 Years, At Present Working - Reserve Police Line, Swaimadhopur (Rajasthan).

¶13

Hariom Ct No. 99 Son Of Shri Ramjilal, Aged About 38 Years, At Present Working - Police Station- Kotwali, Swaimadhopur (Rajasthan).

¶14

Vijay Singh Ct No. 793 Son Of Shri Hari Singh, Aged About 34 Years, At Present Working- P.s- Rawajana

¶15

(2 of 13)

¶16

[CW-2257/2022]

¶17

Dungar, Swaimadhopur (Rajasthan).

¶18

Deepika Kanwar Ct No. 144 W/o Shri Niraj Singh Rajawat, Aged About 31 Years, At Present Working- O/o Addl. S.p, Swaimadhopur (Rajasthan).

¶19

Ramprasad Meena C.t No. 744 Son Of Shri Sanwalram Meena, Aged About 48 Years, At Present Working- D.s.b O/o S.p, Swaimadhopur (Rajasthan).

¶20

Devki Nandan C.t No. 159 S/o Shri Chittar Lal, Aged About 33 Years, At Present Working- O/o Superintendent Of Police, Swaimadhopur (Rajasthan).

¶21

Kamlesh Kumar C.t No. 874 S/o Sh. Kailash Chand Bairwa, Aged About 42 Years, At Present WorkingReserve Police Line, Swaimadhopur (Rajasthan).

¶22

Amita Kumari C.t No. 148 D/o Dhanaram Jat, Aged About 40 Years, At Present Working- O/o Superintendent Of Police, D.s.b, Swaimadhopur (Rajasthan).

¶23

Mukesh Kumar C.t No. 185 S/o Sh. Ramsukha, Aged About 34 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶24

Kailash Chand C.t No. 918 S/o Devi Ram, Aged About 33 Years, At Present Working- P.s- Surwal, Swaimadhopur (Rajasthan).

¶25

Tej Singh Ct (Driver) No. 552 S/o Sh. Nawal Singh, Aged About 44 Years, At Present Working- P.s- Kotwali, Swaimadhopur (Rajasthan).

¶26

Kajor Mal C.t No. 178 S/o Birdhi Chand Verma, Aged About 35 Years, At Present Working- O/o Superintendent Of Police, D.s.b Swaimadhopur (Rajasthan).

¶27

Vijay Kumar C.t No. 187 S/o Devi Lal Mahawar, Aged About 35 Years, At Present Working- O/o Superintendent Of Police, D.s.b Swaimadhopur (Rajasthan).

¶28

Bharatlal, C.t No. 557 S/o Prahlad, Aged About 47 Years, At Present Working- P.s- Mantown, Swaimadhopur (Rajasthan).

¶29

Nirmla C.t No. 145 W/o Dhanraj, Aged About 32 Years, At Present Working- O/o Superintendent Of Police, Swaimadhopur (Rajasthan).

¶30

Kamlesh Kumar C.t No. 507 S/o Haripal, Aged About 42 Years, At Present Working- O/o Reserve Police Line, Swaimadhopur (Rajasthan).

¶31

(3 of 13)

¶32

[CW-2257/2022]

¶33

Ramswaroop Ct No. 1106 S/o Badri Lal, Aged About 43 Years, At Present Working- O/o Superintendent Of Police, D.s.b, Swaimadhopur (Rajasthan).

¶34

Smt. Kusumlata C.t No. 289, D/o Pratap Singh, Aged About 44 Years, At Present Working- O/o Superintendent Of Police, D.s.b, Swaimadhopur (Rajasthan).

¶35

Krishan Kumar H.c No. 09 S/o Palaram, Aged About 49 Years, At Present Working- O/o Reserve Police Line, Swaimadhopur (Rajasthan).

¶36

Vijesh Kumar C.t No. 1113 S/o Surjan Lal, Aged About 41 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶37

Vinod Kumar C.t No. 903 S/o Nathu Lal, Aged About 41 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶38

Haresh Kumar Ct No. 280 S/o Nathulal, Aged About 40 Years, At Present Working- P.s- Piloda, Swaimadhopur (Rajasthan).

¶39

Rambabu Meena H.c No. 03 S/o Herati, Aged About 43 Years, At Present Working- Police Line, Swaimadhopur (Rajasthan).

¶40

Vijay Sharma Ct No. 292 S/o Mukesh Sharma, Aged About 33 Years, At Present Working- Stfp, Swaimadhopur (Rajasthan).

¶41

Smt Mamta Sharma Ct No. 128 W/o Vijay Kumar, Aged About 32 Years, At Present Working- O/o Superintendent Of Police, Swaimadhopur (Rajasthan).

¶42

Netram Ct No. 237 S/o Gopi Chand, Aged About 40 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan) .

¶43

Balram Meena Ct No. 402 S/o Mudya Meena, Aged About 45 Years, At Present Working- P.s- Sadar, Gangapur City, Swaimadhopur (Rajasthan).

¶44

Hansraj Kaushal Hc No. 1269 S/o Ramnath, Aged About 49 Years, At Present Working- O/o Superintendent Of Police, Swaimadhopur (Rajasthan).

¶45

Rajesh Kumar Meena Ct No. 406 S/o Kalyan Prasad, Aged About 45 Years, At Present Working- O/o Superintendent Of Police, Swaimadhopur (Rajasthan).

¶46

Phoolchand Ct No. 408 S/o Chatru Lal, Aged About 46

¶47

(4 of 13)

¶48

[CW-2257/2022]

¶49

Years, At Present Working- Mahila Police Station-, Swaimadhopur (Rajasthan).

¶50

Ramroop Ct No. 590 S/o Prahlad Meena, Aged About 46 Years, At Present Working- Mahila Police Station, Swaimadhopur (Rajasthan).

¶51

Kailash Chand Hc No. 1270 S/o Laxman Choudhary, Aged About 44 Years, At Present Working- O/o Superintendent Of Police, Swaimadhopur (Rajasthan).

¶52

Rewat Singh Hc No. 357 S/o Sambhu Singh, Aged About 43 Years, At Present Working- O/o Addl. Superintendent Of Police, Swaimadhopur (Rajasthan).

¶53

Ghanshyam Verma Ct No. 167 S/o Ramswaroop, Aged About 34 Years, At Present Working- O/o Addl. Superintendent Of Police, Swaimadhopur (Rajasthan).

¶54

Gambheeri Ct No. 265 W/o Rajendra, Aged About 33 Years, At Present Working- P.s- Kotwali, Swaimadhopur (Rajasthan).

¶55

Subham Kumar Ct No. 153 S/o Shivraj Sharma, Aged About 33 Years, At Present Working- O/o Superintendent Of Police, Sc/st Cell, Swaimadhopur (Rajasthan).

¶56

Hanuman Ct No. 188 S/o Brijmohan, Aged About 33 Years, At Present Working- O/o Addl. Superintendent Of Police, Swaimadhopur (Rajasthan).

¶57

Deshraj Ct No. 219 S/o Deviram, Aged About 36 Years, At Present Working- P.s- Ravajana Dungar, Swaimadhopur (Rajasthan).

¶58

Ramawatar Ct No. 436 S/o Heeralal, Aged About 43 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶59

Laxmi Ct No. 122 D/o Kailash Chand, Aged About 36 Years, At Present Working- O/o Superintendent Of Police, Siucaw Swaimadhopur (Rajasthan).

¶60

Shyamsundar Sharma Ct No. 110 S/o Shri Jagdish Prasad Sharma, Aged About 34 Years, At Present Working- O/o Reserve Police Line, Swaimadhopur (Rajasthan).

¶61

Urmila Sharma Ct No. 121 D/o Kajormal, Aged About 35 Years, At Present Working- O/o Reserve Police Line, Swaimadhopur (Rajasthan).

¶62

Sandeep Singh Hc No. 394 S/o Devi Singh, Aged About 34 Years, At Present Working- O/o Superintendent Of

¶63

(5 of 13)

¶64

[CW-2257/2022]

¶65

Police, City Circle, Swaimadhopur (Rajasthan).

¶66

Ashok Kumar Ct No. 73 S/o Gendi Lal, Aged About 35 Years, At Present Working- O/o Superintendent Of Police, Ocr, Swaimadhopur (Rajasthan).

¶67

Jitender Kumar Ct No. 447 S/o Sh. Sedu Ram, Aged About 38 Years, At Present Working- P.s- Malarana Dungar, Swaimadhopur (Rajasthan).

¶68

Devendra Singh Bhati Ct No. 842 S/o Ramgopal Singh Bhati, Aged About 38 Years, At Present Working- O/o Superintendent Of Police, Swaimadhopur (Rajasthan).

¶69

Premnarayan Gautam Ct No. 296 S/o Brijmohan, Aged About 33 Years, At Present Working- O/o Superintendent Of Police, Swaimadhopur (Rajasthan).

¶70

Ajay Kumar Ct No. 76 S/o Bhajanlal, Aged About 33 Years, At Present Working- Police Station- Kotwali, ChokiKundara, Swaimadhopur (Rajasthan).

¶71

Mukesh Kumar Ct No. 137 S/o Goverdhan, Aged About 38 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶72

Rajni Yadav Ct No. 287 W/o Jitender Kumar, Aged About 34 Years, At Present Working- Police Station- Mantown, Swaimadhopur (Rajasthan).

¶73

Sitaram Ct (Driver) No. 754 So Bajaranglal, Aged About 54 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶74

Amrit Lal Ct No. 124 S/o Ramphool, Aged About 34 Years, At Present Working- O/o Co Office, Rural, Swaimadhopur (Rajasthan).

¶75

Mohd. Sajjid Ct (Driver) No. 1111 S/o Abdul Sattar, Aged About 42 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶76

Bharatlal Ct (Driver) No. 478 S/o Sh. Kanji, Aged About 49 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶77

Shanker Lal Ct (Driver) No. 549 S/o Ramprasad Meena, Aged About 48 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶78

Ikrar Ahmed Ct (Driver) No. 217 S/o Akhlak Khan, Aged About 46 Years, At Present Working- At Present WorkingReserve Police Line, Swaimadhopur (Rajasthan).

¶79

(6 of 13)

¶80

[CW-2257/2022]

¶81

Murari Lal Hc No. 22 S/o Tejraj, Aged About 48 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶82

Madan Mohan Ct No. 430 S/o Rameshwar Prasad, Aged About 38 Years, At Present Working- O/o S.p, Swaimadhopur (Rajasthan).

¶83

Imran Khan Ct (Driver) No. 471 S/o Islam Khan, Aged About 46 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶84

Jagdish Singh Ct No. 728 S/o Kamal Singh, Aged About 38 Years, At Present Working- O/o S.p, Swaimadhopur (Rajasthan).

¶85

Jai Singh Ct No. 628 S/o Ramniwas Gurjar, Aged About 44 Years, At Present Working- P.s- Behrowanda Kalan, Swaimadhopur (Rajasthan).

¶86

Kallaram Ct No. 483 S/o Tundaram Meena, Aged About 53 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶87

Mukesh Ct No. 263 S/o Gopal Lal, Aged About 35 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶88

Vijay Singh Ct No. 1114 S/o Shri Ummed Sing, Aged About 42 Years, At Present Working- Siucaw, Swaimadhopur (Rajasthan).

¶89

Pyar Singh Hc No. 1201 S/o Pukhraj Gurjar, Aged About 47 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶90

Sumit Kumar Ct No. 870 S/o Udaiveer Singh, Aged About 36 Years, At Present Working- P.s- Malarana Dungar, Choki- Bhadoti, Swaimadhopur (Rajasthan).

¶91

Hanuman Singh Ct No. 857 S/o Shri Babu Singh, Aged About 40 Years, At Present Working- P.s- Bamanwas, Swaimadhopur (Rajasthan).

¶92

Ravinder Singh Ct (Driver) No. 518 S/o Shri Bhanwar Singh, Aged About 44 Years, At Present Working- Human Trafficking Unit, Swaimadhopur (Rajasthan).

¶93

Madan Singh Hc No. 392 S/o Shri Devi Singh, Aged About 37 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶94

Manish Kumar Ct No. 904 S/o Girraj Prasad Sharma, Aged

¶95

(7 of 13)

¶96

[CW-2257/2022]

¶97

About 33 Years, At Present Working- Mahila Thana, Swaimadhopur (Rajasthan).

¶98

Kailash Chand Ct No. 621 S/o Jagram Meena, Aged About 52 Years, At Present Working- P.s- Malarana Dungar, Swaimadhopur (Rajasthan).

¶99

Buddhi Prakash Ct No. 55 S/o Laxminarayan, Aged About 32 Years, At Present Working- P.s- Mantown, Swaimadhopur (Rajasthan).

¶100

Bhawani Shankar Ct No. 132 S/o Sugreev Singh, Aged About 32 Years, At Present Working- P.s- Kotwali, Swaimadhopur (Rajasthan).

¶101

Ramdhan Ct No. 619 S/o Kishan Lal, Aged About 46 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶102

Omprakash Ct No. 553, S/o Horilal, Aged About 53 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶103

Ramraj Meena Ct No. 825 S/o Ambalal, Aged About 49 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶104

Ranjeet Singh Hc No. 40 S/o Bishan Lal, Aged About 48 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶105

Hemraj Bairwa Ct No. 299 S/o Hariprasad, Aged About 35 Years, At Present Working- P.s- Malarana Dungar, Swaimadhopur (Rajasthan).

¶106

Sandeep Kumar Ct No. 200 S/o Shri Tribhuwan, Aged About 33 Years, At Present Working- P.s- Ravajana, Swaimadhopur (Rajasthan).

¶107

Rajendra Ct No. 169 S/o Mahavir Singh, Aged About 31 Years, At Present Working- P.s- Kotwali, Swaimadhopur (Rajasthan).

¶108

Muniraj Ct No. 654 S/o Shri Pachuram, Aged About 49 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶109

Mahendra Kumar Bairwa Ct No. 154 S/o Dev Karan Bairwa, Aged About 38 Years, At Present Working- P.sKotwali, Swaimadhopur (Rajasthan).

¶110

Rohtash Singh Ct No. 499 S/o Ratan Singh, Aged About 41 Years, At Present Working- P.s- Kotwali,

¶111

(8 of 13)

¶112

[CW-2257/2022]

¶113

Swaimadhopur (Rajasthan)

¶114

Shamsher Singh Ct No. 799 S/o Devi Singh, Aged About 35 Years, At Present Working- P.s- Kotwali, Swaimadhopur (Rajasthan).

¶115

Jitender Singh Ct No. 945 S/o Sh. Vijay Singh, Aged About 31 Years, At Present Working- P.s- Kotwali, Swaimadhopur (Rajasthan).

¶116

Daya Ram Ct No. 633 S/o Ramkumar Gurjar, Aged About 34 Years, At Present Working- P.s- Kotwali, Swaimadhopur (Rajasthan).

¶117

Chandrabhan Ct No. 531 S/o Ramkhelari Jat, Aged About 35 Years, At Present Working- P.s- Kotwali, Swaimadhopur (Rajasthan).

¶118

Vijay Pal Ct No. 1059 S/o Meva Ram, Aged About 30 Years, At Present Working- P.s- Surwal, Swaimadhopur (Rajasthan).

¶119

Rukamesh Ct No. 637 S/o Sh. Prahlad Meena, Aged About 44 Years, At Present Working- P.s- Mantown, Swaimadhopur (Rajasthan).

¶120

Arun Kumar Ct (Driver)No 681 S/o Sh. Tribhuwan Singh, Aged About 51 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶121

Ashok Singh Ct (Driver) No. 520 S/o Shri Chatar Singh, Aged About 44 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶122

Arvind Singh Ct (Driver) No. 502 S/o Shri Rameshwar Singh, Aged About 47 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶123

Bhagwan Singh Ct (Driver) No. 409 S/o Surjan Singh, Aged About 45 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶124

Rajesh Gurjar Ct No. 937 S/o Shri Ramswaroop Gurjar, Aged About 31 Years, At Present Working- Stpf, Ranthamboor Tiger Reserve Project, Swaimadhopur (Rajasthan).

¶125

Virender Kumar Ct No. 650 S/o Shri Bane Singh, Aged About 45 Years, At Present Working- P.s- Piloda, Swaimadhopur (Rajasthan).

¶126

Ramesh Chand Ct(Driver) No. 564 S/o Sh. Chotu Lal, Aged About 48 Years, At Present Working- Reserve Police

¶127

(9 of 13)

¶128

[CW-2257/2022]

¶129

Line, Swaimadhopur (Rajasthan).

¶130

Nafees Ahamad Ct No. 254 S/o Deena Khan, Aged About 35 Years, At Present Working- P.s- Soorwal, Swaimadhopur (Rajasthan).

¶131

Avadhesh Singh Hc No. 388 S/o Ramveer Singh, Aged About 35 Years, At Present Working- P.s- Malrana Dungar, Swaimadhopur (Rajasthan).

¶132

Kailash Chand Ct No. 662 S/o Ramswaroop, Aged About 50 Years, At Present Working- P.s- Kotwali, Gangapur City, Swaimadhopur (Rajasthan).

¶133

Murari Lal Ct No. 844 S/o Kishan Lal, Aged About 47 Years, At Present Working- P.s- Sadar, Gangapur City, Swaimadhopur (Rajasthan).

¶134

Ram Singh Ct (Driver) No. 540 S/o Bajranga Gurjar, Aged About 47 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶135

Bhanwar Singh Meena Ct No. 79 S/o Sh. Ram Singh Meena, At Present Working- P.s- Sadar, Swaimadhopur (Rajasthan).

¶136

Premraj Ct No. 419 Ssss/o Koriya Meena, Aged About 50 Years, At Present Working- P.s- Sadar, Gangapur City, Swaimadhopur (Rajasthan).

¶137

Mahendra Singh Ct No. 597 S/o Devi Singh, Aged About 43 Years, At Present Working- Reserve Police Line, Swaimadhopur (Rajasthan).

¶138

Rajendra Kumar Ct No. 551 S/o Sh. Hona Lal, Aged About 50 Years, At Present Working- C.o Office, Gangapur City, Swaimadhopur (Rajasthan).

¶139

Harigopal Ct No. 655 S/o Jinsilal, Aged About 56 Years, At Present Working- P.s- Bamanwas, Swaimadhopur (Rajasthan).

¶140

Sandeep Sharma Ct No. 907 S/o Bhagwan Sahay Sharma, Aged About 33 Years, At Present WorkingReserve Police Line, Swaimadhopur (Rajasthan).

¶141

Varsha Meena Ct No. 182 W/o Rajendra Prasad Meena, Aged About 33 Years, At Present Working- Control Room, Swaimadhopur (Rajasthan).

¶142

Brijesh Kumar Ct No. 92 S/o Phool Singh, Aged About 39 Years, At Present Working- P.s- Kotwali, Swaimadhopur (Rajasthan).

¶143

(10 of 13) [CW-2257/2022]

¶144

Girvar Prasad Jain Ct No. 808 S/o Shri Jhori Lal Sain, Aged About 50 Years, At Present Working- P.s Bajirpur, Swaimadhopur (Rajasthan).

¶145

Bhupendra Kumar Meena Fc No. 764 S/o Shri Gulab Chand Meena, Aged About 52 Years, At Present Working - Co Office, Gangapur City, Swaimadhopur.

¶146

Bablu Ram Gurjar Fc No. 647 S/o Jagdish Prasad, Aged About 37 Years, At Present Working- Co Office, Gangapur City, Swaimadhopur (Rajasthan).

¶147

Pyarelal Ct No. 501 S/o Shri Rajpal Meena, Aged About 46 Years, At Present Working - P.s. Vajirpur, Sawai Madhopur (Rajasthan)

¶148

Mustak Khan Hc No. 321 S/o Sh. Badru Khan, Aged About 43 Years, At Present Working- P.s- Mahila Thana, Swaimadhopur (Rajasthan).

¶149

----Petitioners

¶150

Versus

¶151

1. State Of Rajasthan, Through Principal Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶152

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

¶153

Principal Secretary, Department Of Home Affairs, Government Of Rajasthan , Secretariat, Jaipur (Rajasthan).

¶154

Director General Of Police, Rajasthan Police, Head Quarter, Lal Kothi, Jaipur.

¶155

----Respondents For Petitioner(s) : Mr. M.S.Raghav For Respondent(s) : Mr. J.S.Shekhawat on behalf of Mr. R.P.Singh, AAG

¶156

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

Order

10/02/2022

(11 of 13)

[CW-2257/2022]

In this petition the challenge is to the notification dated 30.10.2017 issued by the State Government by which the Rajasthan Civil Services (Revised Pay) Rules 2008 came to be amended. Learned advocates for the parties agreed that the issues are covered by an order dated 25.11.2021 passed in CWP No.5920/2021 in the case of Santosh Sharma and Ors. Vs.

¶162

State of Rajasthan and Ors. in which the Division Bench has provided as under:-

¶163

“In these petitions, the main controversy is with respect to validity and legality of the notification dated 30th October, 2017 issued by the Government of Rajasthan, Department of Finance. Under this notification, the Rajasthan Civil Services (Revised Pay) Rules, 2008 came to be amended.

¶164

It is not necessary to go into the details of these amendments. Suffice it to note that the grievance of the petitioners is that by virtue of these amendments in the revised Pay Rules, with retrospective effect, the grade pay in several cases have been so changed as to deprive the petitioners of actual benefits of Assured Career Progression Scheme. Since in some cases, the Government has also initiated recoveries on the basis of these amendments, the petitioners had also prayed for interim protection. In some cases where recoveries have commenced, the Court has protected the petitioners. In some cases of the pensioners recoveries in part or full may have been made.

¶165

The learned Advocate General stated that such protection against non-petitioners has also been ordered in cases of those persons who are affected by these amendments.

¶166

Today, when this group of petitions was taken up for hearing, the learned Advocate General tendered an affidavit dated 25th November 2021 filed by one Shri Mangi Lal, Officer-in-Charge of the respondents, in which it is stated that the State Government is considering all the issues with respect to the notification and for such purpose a Committee has been constituted under order dated 05.08.2021. The scope of this Committee involves other issues but one of them being the question of grant of ACP benefits to the Government employees. It is stated that such

¶167

(12 of 13)

¶168

[CW-2257/2022]

¶169

Committee will take into account the issues arising out the amendments made by notification dated 30th October, 2017. According to the learned Advocate General, this will take about three months time. Till then, no further recoveries would be made on the basis of the said notification.

¶170

In our opinion, when the Government, on its own, is considering the multiple issues arising out of the said notification, it would not be proper on our part to examine the legality and validity of the notification. We would therefore dispose of these petitions with certain directions. Before issuing final directions, we may notice that in some of the cases of the pensioners, part or full recoveries have already been made. These recoveries may not be retained by the State till fresh decision is taken, of course, subject to outcome of the decision of the Government and further order of the Court in case the controversy raises.

¶171

Under the circumstances, all these petitions are disposed of with the following directions:(i) Let the Government reconsider the entire issue as is stated before us. Final decision preferably may be taken by 28th February, 2022. (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.

¶172

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

¶173

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

¶174

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.

¶175

All pending applications are also disposed of.”

¶176

Issues being identical the directions contained in the said order dated 25.11.2021 in case of Santosh Sharma (supra) will apply in this case.

¶177

(13 of 13)

¶178

[CW-2257/2022]

¶179

The petition stands disposed of accordingly.

¶180

(SUDESH BANSAL),J

¶181

(AKIL KURESHI),CJ

¶182

N.Gandhi/20

Mathura Lal C.T. No. - 680 S/O Sh. Gopal v. State of Rajasthan

Case brief

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Mathura Lal C.T. No. - 680 S/O Sh. Gopal v. State of Rajasthan

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