Disposed

Laxmi Narayan Sharma S/O Shri Ram Charan Sharma v. the State of Rajasthan

Rajasthan HC16 Feb 2022CW/2592/2022

Case brief

AI extract

What is this about?

Petition challenging the validity of the notification dated 30.10.2017 amending Revised Pay Rules. The Court directed the State to reconsider the issue, stayed further recoveries, and ordered refund of recoveries from pensioners subject to final decision.

What did the court decide?

Stay on further recoveries; refund of recoveries from pensioners subject to final government decision; direction to reconsider the issue.

Laxmi Narayan Sharma S/O Shri Ram Charan Sharma Vs… — Service and Employment | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 2592/2022

¶3

Laxmi Narayan Sharma S/o Shri Ram Charan Sharma, Aged About 45 Years, R/o Q. N A-8, Police Station Mansaravor Jaipur At Present Constable No 6209 Police Station Shipra Path Mansarovar Jaipur Commissionerate Jaipur Rajasthan

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Poonam Chaudhary W/o Sandeep Kumar, M3, A Shiv Marg Sanjay Colony Rpa Road Jaipur At Present Posted As Constable No 7152 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

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Vijay Laxmi Sharma W/o Girish Sharma, Aged About 35 Years, R/o Village Jaisinghpura Post Mudiyaramasar Tehsil And District Alwar Rajasthan At Present Constable No 3700 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

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Sampat Ram S/o Sohan Lal, Aged About 40 Years, Lsq, N Block Rpa Shastri Nagar Jaipur Rajasthan At Present Constable No 5008 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

¶7

Laxmi Kanwar S/o Jitendra, R/o 89, Anad Vihar G, Nadi Ka Phataka Jhotwara Jaipur Rajasthan At Present Constable No 7133 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

¶8

Madan Lal Saini S/o Bhagirath Mal, Aged About 45 Years, R/o Q. N 75, Rpa Shastri Nagar Jaipur At Present Constable No 6374 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

¶9

Anita Kanwar W/o Sita Ram Bhaskar, Aged About 36 Years, Q. N. 661, C-Block Rpa Shastri Nagar Jaipur Rajasthan At Present Constable No 3579 Anti Human Traffic Unit North Jaipur North Collectrate Jaipur Commissionerate Jaipur Rajasthan

¶10

Sumita W/o Raghuveer Nehra, Aged About 36 Years, Village Sabled Tehsil Buhana District Jhunjhunu Rajasthan Jaipur At Present Constable No 8714 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

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Saroj Meena W/o Shri Rakesh Meena, Aged About 32 Years, R/o P.n 7, Mahaveer Enclave Vistar Luniiwas Jaipur

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At Present Constable No 8483 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

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Mahendra Singh Jhandu Ram, Aged About 43 Years, R/o Plot No 37C, Parivahan Nagar Khatipura Jaipur Rajasthan At Present Constable No 7206 Traffic Police Jaipur Commissioner Ate Jaipur Rajasthan

¶16

Prakash Meena S/o Shri Ramkumar, Aged About 45 Years, R/o Q N 462 Rpa Shastri Nagar Jaipur At Present Constable No 6906 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

¶17

Sajjana W/o Shri Chunni Lal Verma, Aged About 35 Years, R/o Q. No 393 , Rpa Shastri Nagar At Present Constable No 8262 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

¶18

Padam Singh S/o Mohar Singh, Aged About 45 Years, R/o Q. No L -8, Police Station Amer Jaipur Rajasthan At Present Constable No 6012 Women Police Station North Police Commissionerate Jaipur Rajasthan

¶19

Jinesh Kumar S/o Shri Sumer Singh, Aged About 46 Years, R/o At Present Posted As Constable No 5398 Mt Branch Reserve Police Line Commissioner Ate Jaipur Rajasthan

¶20

Charan Singh S/o Shri Roop Singh, Aged About 46 Years, R/o 11A, Shiva Nagar Vijaypura Road Agra Road Jaipur Rajasthan At Present Constable No 5751 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

¶21

Neelam Meena W/o Surendra Kumar Meena, Aged About 32 Years, R/o Plot No 20, Ganga Vihar Colony Jagatpura Jaipur Rajasthan At Present Constable 2826 Reserve Police Line Jaipur Commissioner Ate Jaipur Rajasthan

¶22

Kalla Ram S/o Late Shri Dodu Ram, Aged About 42 Years, R/o Plot No 51, Bhagwan Nagar 27, Sikar Road Todi Harmada Jaipur At Present Constable No 6672 Commissionerate Jaipur Rajasthan

¶23

Sarita Gurjar D/o Moti Singh Gurjar, Aged About 33 Years, R/o Q.no , Block No 13, Iind First Floor Jalupura Darbar School Jaipur Rajasthan At Present Constable 8435 Commissionerate Jaipur Rajasthan

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Mool Singh Rathore S/o Shri Jeev Raj Singh, Aged About

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36 Years, R/o 159 Tilak Vihar Gokulpura Kalwar Road Jhotwara Jaipur Rajasthan At Present Constable No 7540, Rererve Police Line Commissionerate Jaipur Rajasthan

¶28

Hukam Chand Sharma S/o Shri Kanhiya Lal Sharma, Aged About 44 Years, R/o Q. No -3, Police Station Mahesh Nagar Jaipur At Present Constable No 6463 Traffic Police Jaipur Commissionerate Jaipur Rajasthan

¶29

Mukesh Kumar S/o Shri Nand Ram, Aged About 45 Years, R/o Q N 10 Police Station Shayam Nagar Jaipur South At Present Constable No 6110 Police Station South Vihayakpuri Jaipur Commissionerate Jaipur Rajasthan

¶30

Narendera Kumar S/o Ramras Yadav, Aged About 47 Years, R/o 66C, Abhishek Vihar Gandhipath West Panchayawala Jaipur Rajasthan At Present Constable No 6015 , Police Station Shayam Nagar Jaipur Commissionerate Jaipur Rajasthan

¶31

Mahaveer Prasad S/o Babu Lal, Aged About 44 Years, R/o Q. No-9, Police Station Shipra Path Jaipur Rajasthan At Present Belt No 7332 Police Station Shipra Path Jaipur Rajasthan Commissionerate Jaipur Rajasthan

¶32

Vijay Kumar Sharma S/o Shankar Lal Sharma, Aged About 46 Years, R/o 117, Radhaballabh Nagar Agra Nagar Jaipur Rajasthan At Present Head Constable Number 1931 Phq Jaipur Rajasthan

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Anil Kumar Sharma S/o Murli Manohar Sharma, Aged About 52 Years, R/o 44-45, Govindpura Near Gaytri Nagar Sodala Jaipur At Present Head Constable No 1025 Police Vidhayakpuri Jaipur Commissioner Ate Jaipur Rajasthan

¶34

Mahendra Kumar S/o Shri Late Shri Jagdish Prasad, Aged About 34 Years, R/o Plot No -68A Sita Vihar Berar Road Jaipur Rajasthan At Present Constable No 7672 Police Station Banipark Jaipur Commissionerate Jaipur Rajasthan

¶35

Mahendra Kumar Saini S/o Chunni Lal Saini, Aged About 45 Years, R/o 23, Dev Nagar Dadi Ka Phatak Jhotwara Jaipur Raajsthan At Present Constable 6481 Police Station Murlipura Jaipur Commissionerate Jaipur Rajasthan

¶36

Kiran Kumari D/o Sharvan Kumar, Aged About 32 Years, R/o Q. N 329 Rpa Shastri Nagar Jaipur Raajsthan At Present Constable No 8617 Police Station Banipark Jaipur Jaipur Commissionerate Jaipur Rajasthan

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Lalita Chaudhary D/o Pema Ram Chaudhary, Aged About 31 Years, Q N- 400 Rpa Shastri Nagar Jaipur At Present Constable No -8603, Police Station Banipark Jaipur Police Commissionarate Jaipur Rajasthan

¶40

Gopal Chand Meena S/o Shri Suwa Ram, Aged About 52 Years, R/o Q. No D-4, Police Station Shipra Path Jaipur Rajasthan At Preset Asi Police Station Shipra Path Mansarovar Jaipur Rajasthan Jaipur Commissionerate Jaipur Rajasthan

¶41

Rajesh Kumar S/o Mohar Singh, Aged About 41 Years, R/o Village And Post Goth , Via Singana District Jhunjhunu Rajasthan At Present Head Constable No-496 Police Station Shipra Path Mansarovar Jaipur Commissionerate Jaipur Rajasthan

¶42

Rekha Chauhan D/o Pratap Singh Chauhan W/o Shri Rajesh Chaudhary, Aged About 34 Years, R/o Village And Post Goth , Via Singana District Jhunjhunu Rajasthan At Present Constable No-5043 Police Station Moti Doongari Jaipur Commissionerate Jaipur Rajasthan

¶43

Ram Ratan S/o Shri Prahalad Sahay, Aged About 46 Years, R/o Ward No-13, Kawat Tawon , Sikar Rajasthan At Present Constable No 3503, Police Station Shipra Path Mansarovar Jaipur Commissionerate Jaipur Rajasthan

¶44

Moda Ram S/o Shri Pema Ram, Aged About 46 Years, R/o C-164A, Ayodhaya Nagar Kanha Vihar , Vaishali Nagar Jaipur At Present Head Constable No 1118 Police Station Shipra Path Mansarovar Jaipur Commissionerate Jaipur Rajasthan

¶45

Narendra Singh Rajawat S/o Sujkhdev Singh, Aged About 39 Years, R/o Behid Middle School Ward No -18 Chaksu Jaipur Rajasthan At Present Constable No 4042,police Station Shipra Path Mansarovar Jaipur Commissionerate Jaipur Rajasthan

¶46

Dinesh Singh S/o Late Shree Prabhu Dayal, Aged About 44 Years, R/o Dhani Punchalawali Neem Ka Thana District Sikar Rajasthan At Present Constable No 328 (S.o.g) Cp 6372, Sog Jaipur Rajasthan

¶47

Sohan Lal S/o Late Shri Lichhaman Ram, Aged About 44 Years, R/o Q. No , C-7, Police Station Banipark Jaipur At Present Head Constable No-1158, Reserve Police Line Jaipur Commissionerate Jaipur Rajasthan

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Sube Singh S/o Late Shri Chiranji Lal, Aged About 44 Years, R/o Sulatana Ahiran Tehsil Muhana Dostrict Jhunjhunu Rajasthan At Present Constable No 451, Posted At Sog Ccps Jaipur Rajsthan

¶51

Pavan Kumar S/o Shri Ramdayal Sharma, Aged About 37 Years, R/o Q.n-Lsr-11, Police Station Shiprapath Mansarovar Jaipur At Present Constable No 7587, Police Station Mansarovar Jaipur Commissionerate Jaipur Rajasthan

¶52

Suraj Bhan Singh S/o Shri Late Shri Hanuman Singh, Aged About 50 Years, R/o Plot No 3A Kirti Sagar Colony H Block Mansarovar Jaipur At Present Head Constable No 1655, Traffice Police Jaipur Commissionerate Jaipur Rajasthan

¶53

Surendra Singh S/o Late Shri Jhabar Singh, Aged About 47 Years, R/o Q.n -7, Police Station Shayam Nagar Jaipur At Present Head Constable 1669 , Accident Police Station East Jaipur Commissionerate Jaipur Rajasthan

¶54

Mahesh Kumar Yadav S/o Late Shri Bagh Chand Yadav, Aged About 47 Years, R/o Dhani Punchhalawali Tehsil Neem Ka Thana Rajasthan At Present Head Constable No 1879 Police Station Amer Jaipur Rajasthan Commissionerate Jaipur Rajasthan

¶55

Dharampal S/o Late Budh Ram, Aged About 43 Years, R/o Q. N, 651 Block-C, Rpa Shastri Nagar Jaipur Rajasthan At Present Constable Belt No 6406 Traffic Police Jaipur Commissionerate Jaipur Rajasthan

¶56

Ashok Kumar S/o Late Om Prakash, Aged About 44 Years, R/o Q.no 9/78 Rpa Shastri Nagar Jaipur At Present Constable No 6401, Traffic Police Jaipur Commissionerate Jaipur Rajasthan

¶57

Surendra Kumar Singh S/o Balu Singh, Aged About 45 Years, R/o Q.no 733, H- Block Rpa Shastri Nagar Jaipur At Present Belt No 6457, Traffice Police Jaipur Commissionerate Jaipur Rajasthan

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Rajesh Kumar S/o Shri Ramswaroop, Aged About 46 Years, R/o Barkhera District Bharatpur Rajasthan At Present Head Constable No 893, Police Station Shipra Path Mansarovar Jaipur Commissionerate Jaipur Rajasthan

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Amar Singh S/o Hajari Lal, Aged About 48 Years, Village

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Tiklee Ka Bass Tehsil Bansur District Alwar Rajasthan At Present Head Constable No 1845, Mahila Thana South Jaipur Commissionerate Jaipur Rajasthan

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Guman Singh S/o Shri Sambhu Dayal Gurjar, Aged About 48 Years, R/o Village Bhopartappa Police Station Mahuwa District Dausa Rajasthan At Present Head Constable No516, Police Station Shipra Path Mansarovar Jaipur Commissionerate Jaipur Rajasthan

¶64

Harbhajan Meena S/o Shri Ram Lal Meena, Aged About 48 Years, R/o B/g3, Darbar School Police Quarter Gopi Nath Marg Jaipur Rajasthan At Present Head Constable 1198, Police Station Nahar Grah Jaipur Commissionerate Jaipur Rajasthan

¶65

Surendra Kumar Sharma S/o Shri Prabhu Dayal Sharma, Aged About 46 Years, R/o Plot No 15, Keshav Park Vistar Behind Keshav Vidhapeeth Agra Road Jaipur Rajasthan At Present Constable No 6071 , Police Amer District Jaipur Jaipur Commissionerate Jaipur Rajasthan

¶66

Madan Lal Jat S/o Gopal Lal Jat, Aged About 42 Years, R/o Q No- C-9, Police Station Sanganer Sadar Jaipur Rajastahn At Present Constable No-7330, Police Shipra Path Mansarovar Jaipur Rajasthan Jaipur Commissionerate Jaipur Rajasthan

¶67

Man Singh S/o Shri Late Hari Ram, Aged About 49 Years, R/o Hardiya Tehsil Khetri District Jhunjhunu Rajasthan At Present Asi Police Station Shipra Path Mansarovar Jaipur Jaipur Commissionerate Jaipur Rajasthan

¶68

Vishnu Kumar Chaudhary S/o Shri Ram Sahay Chaudhary, Aged About 34 Years, R/o Village And Post Dosara Tehsil Phagi District Jaipur Rajasthan At Present Constable No 8330 Police Station Malviya Nagar Jaipur Commissionerate Jaipur Rajasthan

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Rajendra Kumar Chaudhary S/o Shri Ram Kishan Chaudhary, Aged About 35 Years, R/o R/o Village And Post Dosara Tehsil Phagi District Jaipur Rajasthan At Present Constable No 7843 Police Station Chaksu Jaipur Commissionerate Jaipur Rajasthan

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Babu Lal Meena S/o Late Shri Prabhu Lal Meena, Aged About 52 Years, R/o Q. No-3, Police Station Jyoti Nagar Jaipur South Jaipur At Present Head Constable 1050 , Police Station Vidhayakpuri Jaipur Commissionerate Jaipur

(7 of 14)

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Soran Singh S/o Shri Supariya Ram, Aged About 52 Years, R/o Q. No B-2, Mansarovar Varun Path Jaipur At Present Head Constable 354, Police Station Shayam Nagar Jaipur Commissionerate Jaipur Rajasthan

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Manoj Kumar S/o Hosiyar Singh, Aged About 44 Years, R/o Village Ishwri Singhpura , Post Jat Behror Tehsil Behror District Alwar Rajasthan At Present Constable No 6719 Police Station Amer Jaipur Commissionerate Jaipur Rajasthan

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Ashok Kumar Yadav S/o Mahipal Yadav, Aged About 46 Years, R/o Village Manpura Post Kalakheri Police Station Singana District Jhunjhunu Rajasthan At Present Constable No 6353, Police Station Amer Jaipur Commissionerate Jaipur Rajasthan

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Ramphal S/o Late Shri Jagmal Singh, Aged About 47 Years, R/o Near N.h-8, Behror Alwar Rajasthan At Present Constable No 2799, Police Station Amer Jaipur Commissionerate Jaipur Rajasthan

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Satveer Singh S/o Shri Bhoop Singh, Aged About 44 Years, R/o Village And Post Khori Police Station Behror District Alwar At Present Constable No 6022 , Police Station Amer Jaipur Commissionerate Jaipur Rajasthan

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Pawan Kumar S/o Sube Singh, Aged About 45 Years, R/o Village And Post Kaysa Police Station Neemrana Behror Alwar Rajasthan At Present Constable No 6215 Police Amer Jaipur Commissionerate Jaipur Rajashtan

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Karam Jeet Yadav S/o Shri Rati Ram Yadav, Aged About 51 Years, R/o L-1, Police Station Brahampuri Jaipur Rajasthan At Present Constable No 1569 Police Station Amer Jaipur Commissionerate Jaipur Rajasthan

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Hari Singh S/o Late Shri Khillo, Aged About 55 Years, Ram House No 76/77 Raw Ji Ka Bagh ,ambedaker Nagar Kartarpura Phatak Jaipur Rajasthan At Present Head Constable No 82, Police Station Amer Jaipur Commissionerate Jaipur Rajasthan

¶82

Bal Raj Singh S/o Sultan Singh, Aged About 52 Years, R/o 14, Shipra Vihar Mansarovar Jaipur Rajasthan At Present Head Constable No 612, Police Station Bajaj Nagar Jaipur Commissionerate Jaipur Rajasthan

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Balraj Meena S/o Shri Shiv Narayan Sharma, Aged About 53 Years, R/o A-2, Mansarovar Police Station Varun Path Mansarovar Jaipur At Present Head Constable No 1103, Police Station Shayam Nagar Jaipur Commissionerate Jaipur Rajasthan

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Satyendra Tiwari S/o Harish Kumar Tiwari, Aged About 37 Years, R/o 155, Pshupathi Nath Colony Shastri Nagar Jaipur At Present Constable No 7626 Police Station Nahargrah Jaipur Commissionerate Jaipur Rajasthan

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Prathvi Singh Yadav S/o Shri Dharam Pal Singh, Aged About 45 Years, R/o Village Manpura Tehsil Buhana District Jhunjhunu Rajasthan At Present Constable No 7013 Police Station Nahargrah Jaipur Commissionerate Jaipur Rajasthan

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Raju Singh S/o Late Shri Richhpal Singh, Aged About 46 Years, R/o B-4/iii/2 Darbar School Police Quarter5 Jalupra Jaipur Rajasthan At Present Constable No 6066 Police Station Nahargrah Jaipur Commissionerate Jaipur Rajasthan

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Sanjay Kumar S/o Shri Man Singh, Aged About 29 Years, R/o Ilakhar Post Kishan Pura Tehsil Khetri District Jhunjhunu Rajasthan At Present Constable No 9870 Police Station Nahargrah Jaipur Commissionerate Jaipur Rajasthan

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Sandeep Singh S/o Bhanwar Singh, Aged About 33 Years, R/o Village Chhapra Tehsil Ladnoo District Nagaur Rajasthan At Present Constable No 4069 Police Station Nahargrah Road Jaipur Commissionerate Jaipur Rajasthan

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Karan Singh S/o Mahadev Singh, Aged About 49 Years, R/o P. N -41, Upkar Nagar Second B, Boyatawala Benar Road Jaipur At Present Asi Police Station Nahargrah Jaipur Commissionerate Jaipur Rajasthan

¶92

Jhabar Mal S/o Shri Gumana Ram, Aged About 43 Years, R/o Q. N 496, Rpa Shastri Nagar Jaipur Rajasthan At Present Asi Police Station Nahargrah Jaipur Commissionerate Jaipur Rajasthan

¶93

Pradeep Kumar Sharma S/o Om Prakash Sharma, Aged About 38 Years, R/o Village Tahatara Tehsil Bassi District Jaipur Rajasthan At Present Constable No 7565, Traffic Police Jaipur Commissionerate Jaipur Rajasthan

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Ramesh Kumar S/o Lok Ram, Aged About 38 Years, R/o

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Village Vishanpura Post Agwana Khurd , Tehsil Surajgrah Jhunjhunu Rajasthan At Present Constable No 154, (Ats) Ct 7562 Jaipur Rajasthan

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Girdhari Lal Jat S/o Bhanwar Lal, Aged About 46 Years, R/o Mundawar District Alwar At Present Constable No 6450, Police Station Amer Jaipur Commissionerate Jaipur Rajasthan

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Dhanna Ram S/o Shri Gulla Ram, Aged About 46 Years, R/o Basina Tehsil Sujangrah District Churu Rajasthan At Present Head Constable No 1187, Police Station Amer Commissionerate Jaipur Rajasthan

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Raj Singh Yadav S/o Shri Laxmi Nayaan Yadav, Aged About 52 Years, R/o House No 401, Kishan Bagh Rpa Shastri Nagar Jaipur At Present Asi Police Station Amer Jaipur Commissionerate Jaipur Rajasthan

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Jagdish Narayan S/o Shri Nenu Ram, Aged About 49 Years, R/o Village Patlawas Post Bhawni Tehsil Jamwaramgarh Jaipur At Present Asi Police Station Amer Jaipur Commissionerate Jaipur Rajasthan

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Sunil Kumar S/o Late Shri Hanuman Prasad, Aged About 57 Years, R/o Village Malakhera Katla Mohollah Tehsil And District Alwar Rajasthan At Present Head Constable 1430 Police Station Shipra Path Jaipur Mahanagar Jaipur Rajsthan

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Govind Lal Paliwal S/o Shri Bhikhu Lal Paliwal, Aged About 47 Years, R/o 139, Kastuba Nagar Ajmer Road Jaipur At Present Constable Driver No 5661 Police Station Shyam Nagar Jaipur Commissionerate Jaipur Rajasthan

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Kailash Chand Gurjar S/o Kalu Ram, Aged About 48 Years, R/o Sultanpura Samod Chhomu Jaipur At Present Constable Driver No 5702 , Police Station Shyam Nagar Jaipur Commissionerate Jaipur Rajasthan

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Murari Lal Meena So Shri Thakariya Ram Meena, Aged About 54 Years, Q. No-26, Police Station Adarsh Nagar Jaipur At Present Head Constable No 258, Police Station Shyam Nagar Jaipur Commissionerate Jaipur Rajasthan

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Banna Lal S/o Bhagirath Jat, Aged About 44 Years, R/o Jat Mohollaha Manpura Mozmabad Jaipur At Present Constable No 7053, Police Station Shyam Nagar Jaipur Commissionerate Jaipur Rajasthan

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Manoj Kumar S/o Late Hajari Lal Sharma, Aged About 55 Years, R/o 154, Karauli Bagh Colony , Gurjar Ki Thadi Jaipur Rajasthan At Present Head Constable No 109, Metro Rail Jaipur Commissionerate Jaipur Rajasthan

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Babu Lal S/o Hanuman Sahay, Aged About 51 Years, R/o Ls,-1St , Quatter No -4, Vaishali Nagar Jaipur At Present Asi Police Station Shipra Path Mansrover Jaipur Rajasthan Jaipur Commissionerate Jaipur Rajasthan

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Tulsi Kumar W/o Kapil Dev, Aged About 49 Years, R/o Q. No F-3, Police Station Shipra Path Mansarover Jaipur Rajasthan At Present Women Constable No 8800 Police Station Shipra Path Mansarover Jaipur Rajasthan Jaipur Commissionerate Jaipur Rajasthan

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Tinku Kumar Bargurjar S/o Durga Prasad, Aged About 40 Years, R/o B-12, Police Quatter Shipra Path Mansarover Jaipur At Present Constable No 8382 Police Jyoti Nagar South Jaipur Commissionerate Jaipur Rajasthan

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Radhey Shayam S/o Shri Babu Lal, Aged About 45 Years, R/o Q. N -5 Police Station Mahesh Nagar Jaipur Rajasthan At Present Constable No 5761 , Acp Office Sodala South Commissionerate Jaipur Rajasthan

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Ram Singh Yadav S/o Shri Chiranji Lal Yadav, Aged About 47 Years, R/o House No 42, Triupati Vihar , 5Th Niwaru Road Jaipur Rajasthan At Present Head Constable No 903, Police Line Jaipur Commissionerate Jaipur Rajasthan

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Rajesh Kumar S/o Shri Mandroop Singh, Aged About 33 Years, R/o Vpo Gharadana Khurd , Tehsil Buhana , District Jhunjhunu Raj At Present Constable No 12 Central Store Phq Lal Kothi Jaipur Rajasthan

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Babu Lal Sharma S/o Shri Gula Chand Sharma, Aged About 58 Years, R/o Vpo - Itawa Bhopji, Brahamano Ki Dhani Tehsil Chhomu District Jaipur Rajasthan Raj At Present Constable No 11 Central Store Phq Lal Kothi Jaipur Rajasthan

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Manoj Kumar Meena S/o Shri Mohan Lal Meena, Aged About 37 Years, R/o B-118, Prem Colony Panipech Shastri Nagar Jaipur Rajasthan At Present Constable No 8167, Accident Police Station East Jaipur Commissionerate Jaipur Rajasthan

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Puran Singh S/o Sardar Singh, Aged About 59 Years, R/o 69, Basant Vihar Colony , Bajri Mandi Marg

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Panchayawala, Jaipur At Present Head Constable No 213, Accident Police Station East Jaipur Commissionerate Jaipur Rajasthan

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Raju Lal S/o Late Shri Mangi Lal Baswal, Aged About 41 Years, R/o B-54, Baiji Ki Kothi , Fase-4, Jhalana Doongari Jaipur At Present Constable No 8171, Accident Police Station East Jaipur Commissionerate Jaipur Rajasthan

¶123

Ramchander Yadav S/o Rewati Ram Yadav, Aged About 57 Years, R/o Koriawas, Tehsil Narnaul, District Mahendragarh, Haryana. At Present Head Constable No. 95, Accident Police Station East, Commissionerate Jaipur Rajasthan.

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Lokendra Singh S/o Kamal Singh, Aged About 39 Years, R/o B-3/c2-3, Darwar School, Police Quarters, Jaipur. At Present Constable No. 7590, Reserve Police Line, Jaipur. Commissionerate Jaipur Rajasthan.

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Virendra Singh S/o Shri Gajendra Singh, Aged About 41 Years, R/o Plot No 21, Prajapati Nagar -B, Ns Road , Mansarovar Jaipur Rajasthan At Present Conatable No 7482 Police Station Mahesh Nagar Jaipur Rajasthan Commissionerate Jaipur Rajasthan.

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Ram Niwash S/o Shri Bal Ram Singh, Aged About 58 Years, R/o 35, Ashok Vihar New Sanganer Road Varun Path Mansarover Jaipur Rajasthan At Present Asi Traffic Police Jaipur Commissionerate Jaipur Rajasthan.

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Kamlesh Sharma W/o Shri Kailash Prasad Sharma, Aged About 42 Years, R/o Village Torda , Police Station Ramgrah, District Dausa Raj At Present Constable No 640 ( Hc-119) , Women Police Station Tonk Rajasthan

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Rajendra Singh S/o Shri Bahadur Singh, Aged About 54 Years, R/o Plot No -10A, Jhotwara Jaipur Rajasthan At Present Asi Police Kardhani Jaipur West Commissionerate Jaipur Rajasthan.

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Smt Kamlesh Kumari W/o Ram Babu Sharma, Aged About 38 Years, R/o Q. N 576, Rpa Shastri Nagar Jaipur Rajasthan At Present Constable No 8068 Executive Magistrate Court Jaipur West Commissionerate Jaipur Rajasthan.

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Lalit Mohan Sharma S/o Shri Shiv Ganesh Sharma, Aged About 36 Years, R/o Januthar Tehsil Deeg District Bharatpur At Present Constable No 650 Police Line

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Bharatpur Rajasthan

----Petitioners

Versus

The State Of Rajasthan, Through Additional Chief Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan).

¶137

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

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The Director General Of Police, Police Headquarter, Lalkothi, Jaipur (Rajasthan)

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Commissioner Of Jaipur Police, Commissionrate, Jaipur. 5. The Superintendent Of Rajasthan, Police District Tonk Rajasthan

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The Superintendent Of Rajasthan, Police District Bharatpur Rajasthan

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----Respondents

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For Petitioner(s) : Mr. R.B. Sharma (Ganthola) For Respondent(s) : Mr. R.P. Singh, AAG through VC Mr. Rajesh Maharshi, AAG through VC

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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16/02/2022

¶146

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

¶147

“In these petitions, the main controversy is with respect to validity and legality of the

¶148

(13 of 14)

¶149

[CW-2592/2022]

¶150

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.

¶151

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.

¶152

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.

¶153

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 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.

¶154

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

¶155

(14 of 14)

¶156

[CW-2592/2022]

¶157

outcome of the decision of the Government and further order of the Court in case the controversy raises.

¶158

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.

¶159

(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.

¶160

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

¶161

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.

¶162

All pending applications are also disposed of.”

¶163

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.

¶164

The petition stands disposed of accordingly.

¶165

(MANOJ KUMAR VYAS),J (AKIL KURESHI),CJ

¶166

NAVAL KISHOR/32

Laxmi Narayan Sharma S/O Shri Ram Charan Sharma v. the State of Rajasthan

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Laxmi Narayan Sharma S/O Shri Ram Charan Sharma v. the State of Rajasthan

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