Disposed

Bhagwan Singh S/O Shri Puranmal v. State of Rajasthan

Rajasthan HC21 Feb 2022CW/2793/2022

Case brief

AI extract

What is this about?

Challenges to amendments of the Rajasthan revised pay rules affecting Assured Career Progression benefits were disposed of by applying directions in an identical case. Those directions required government reconsideration, barred further recovery pending a fresh decision, and provided conditional refunds of pensioners' recoveries, with liberty to bring fresh challenges.

What did the court decide?

Directions for government reconsideration, no further recovery pending a fresh decision, conditional refund of pensioners' recoveries, and liberty to file fresh petitions were applied.

Bhagwan Singh S/O Shri Puranmal Vs State of Rajasthan — Service and Employment | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Civil Writ Petition No. 2648/2022

¶3

Upendra Dhayal S/o Sh. Gheesaram Dhayal, R/o Dhani Manika Wali, Post Bhudoli, Tehsil Neemkathana District Sikar, Presently Posting P.s. Manoharpur District Jaipur, Rural, Constable Belt No. 787 (Raj).

¶4

Pawan Kumar S/o Sh. Harinarayan Saini, R/o Dhani Patiyawali, Jalmali, Shreemadhopur, Police Station District Shreemadhopur District Sikar, Presently Posting P.s. Manoharpur District Jaipur, Rural C. Belt No. 855 (Raj)

¶5

Smt. Kanti Devi W/o Sh. Jagveer Singh, R/o House No. 385, Chhipiwada, Amer Road, Ramgarh Mod, Jaipur, Presently Posting P.s. Manoharpur District Jaipur, Rural Fc Belt . 2074 (Raj).

¶6

Rajesh Kumar S/o Sh. Suva Lal Saini, R/o Village Divrala, Shreemadhipur District Sikar, Presently Posting P.s. Manoharpur District Jaipur, Rural C. Belt No. 1830 (Raj).

¶7

Rajendra Prasad S/o Sh. Babu Lal Meena, R/o Vilalge Jhiri, Tehsil Thanagaji District Alwar, Presently Posting P.s. Manoharpur District Jaipur, Rural C. Belt No. 1445 (Raj)

¶8

Prakash Chand Chanija S/o Sh. Gyarsi Lal, R/o Dhani Upla Swami Wali Tan Khadab, Police Station Sarund, Tehsil Kotputli District Jaipur, Presently Posting P.s. Manoharpur District Jaipur, Rural C. Belt No. 1268 (Raj).

¶9

Yadram S/o Sh. Sanwant Ram Meena, R/o Gram Putli, Tehsil Kotputli District Jaipur, Presently Posting P.s. Manoharpur District Jaipur, Rural C. Belt No. 774 (Raj)

¶10

Sharwan Kumar S/o Sh. Rekharam Jat, R/o Samota Ki Dhani, Post Khachariyawas, Tehsil Dantaramgarh District Sikar, Presently Posting P.s. Manoharpur District Jaipur, Rural Hc Belt No. 412 (Raj).

¶11

Hawa Singh S/o Sh. Hari Singh Jat, R/o Gram Post Purana Bas, Tehsil Neemkathana District Sikar, Presently Posting, C.o. Office Shahpura District Jaipur Rural C. Belt No. 963 (Raj).

¶12

Mehar Singh S/o Sh. Ganesh Ram Jat, R/o Gram Ajitpura Kalan, Tehsil Kotputli District Jaipur, Presently Posting, P.s. Viratnagar District Jaipur Rural C. Belt No. 1203 (Raj).

¶13

(2 of 17)

¶14

[CW-2648/2022]

¶15

Ashok Kumar S/o Sh. Mahaveer Prasad Meena, R/o Village Harsora District Alwar, Presently Posting, A.s.i. P.s. Shahpura District Jaipur Rural (Raj).

¶16

Rakesh Kumar S/o Sh. Subhash Chandra Jat, R/o Village D-Jat, Tehsil Nangal Choudhary, District Mahendragarh (Hr.), Presently Posting, P.s. Pragpura District Jaipur Rural C. Belt No. 1426 (Raj).

¶17

Ramesh Chand S/o Sh. Satyanarayan, R/o Gram Bijwad Chouhan, Tehsil Mundawar District Alwar, Presently Posting, P.s. Pragpura District Jaipur Rural Hc Belt No. 475 (Raj).

¶18

Rakesh Kumar S/o Sh. Babu Lal, R/o Chala, Police Station Neemkathana, Sadar District Sikar, Presently Posting, P.s. Shahpura District Jaipur Rural C. Belt No. 1423 (Raj).

¶19

Dharmveer Singh S/o Sh. Ramchandra, R/o Chiruni, Tehsil And Police Station Mundawar District Alwar, Presently Posting, P.s. Bhabnru District Jaipur Rural C. Belt No. 635/810 (Raj).

¶20

Satyaveer Singh S/o Sh. Kajod Mal, R/o Village Ranipura, Tehsil Khandela District Sikar, Presently Posting, District Special Team, Jaipur Rural C. Belt No. 1309 (Raj).

¶21

Suresh Kumar S/o Sh. Prabhatraram, R/o Dhani Khedawali, Village Chak, Jodhpura, Tehsil Udaipurwati District Jhunjhunu, Traffic Point Gathwadi, Police Station Raisar District Jaipur Rural C. Belt No. 805 (Raj).

¶22

Phool Chand S/o Sh. Parta Ram Yadav, R/o Village And Post Thikariya, Tehsil Pavta District Jaipur, Presently Posting, P.s. Viratnagar District Jaipur Rural C. Belt No. 753 (Raj).

¶23

Smt. Kiran Meena W/o Sh. Kamlesh Kumar Meena, R/o Village Meeno Ka Mohalla, Ward No. 20, Pavta Tehsil Pavta District Jaipur, Presently Posting, Division Office Shahpura District Jaipur Rural Fc Belt No. 808 (Raj).

¶24

Lokesh Kumar Yadav S/o Sh. Jagdish Prasad Yadav, R/o Gram Arniya, Tehsil Shreemadhopur District Sikar, Presently Posting, P.s. Pragpura District Jaipur Rural C. Belt No. 1497 (Raj).

¶25

Gyarsi Lal S/o Sh. Ram Lal Raigar, R/o Village Tatera Police Station Ajitgarh, Tehsil Shreemadhopur District Sikar, Presently Posting, P.s. Pragpura District Jaipur Rural

¶26

(3 of 17)

¶27

[CW-2648/2022]

¶28

Hc Belt No. 473 (Raj).

¶29

Hawaldar Singh S/o Sh. Ramniwas, R/o Village Jagdishpura, Police Station Sarund Distrit Jaipur Rural, Presently Posting, P.s. Raisar District Jaipur Rural C. Belt No. 299 (Raj).

¶30

Mahendra Kumar S/o Sh. Rameshwar Prasad Saini, R/o Village Lalana, Poolice Station Pragpura District Jaipur, Presently Posting, P.s. Bhabru District Jaipur Rural C. Belt No. 1941 (Raj).

¶31

Mitthuram Gurjar S/o Sh. Ramnath Gurjar, R/o Village Bisa Ka Bas, Police Station Thanagaji District Alwar, Presently Posting, P.s. Viratnagar District Jaipur Rural C. Belt No. 747 (Raj).

¶32

Kamlesh Kumar S/o Late Sh. Sardar Mal Yadav, R/o Village Bagawas Ahiran, Police Station Bhabru District Jaipur, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 1836 (Raj).

¶33

Vinod Kumar S/o Sh. Gyanchand, R/o Village Karana, Tehsil Bansur, Police Station Bansur District Alwar, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 2027 (Raj).

¶34

Ramnarayan S/o Sh. Badri Prasad, R/o Ward No. 31, Kheda Ki Dhani, Tan Shahpura Police Station Shahpura District Jaipur, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 1835 (Raj).

¶35

Babu Lal S/o Sh. Shimbhu Dayal, R/o Village Med, Police Station Viratnagar District Jaipur, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 1897 (Raj).

¶36

Mohan Singh Bajiya S/o Sh. Rameshwar Lal Jat, R/o Village Bagpath Nagar Village Chala, Tehsil Neemkathana District Sikar, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 2003 (Raj).

¶37

Rakesh Kumar S/o Late Sh. Gyarsi Lal, R/o Village Shivsinghpura, Police Station Amarsar District Jaipur, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 1841 (Raj).

¶38

Sharwan Kumar S/o Sh. Kesharmal Jat, R/o Ward No. 03, Police Station Ajitgarh District Sikar, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 1639 (Raj).

¶39

Ramkunwar Gora S/o Sh. Chhittarmal Jat, R/o Village

¶40

(4 of 17)

¶41

[CW-2648/2022]

¶42

Jaitpura, Tehsil Chomu District Jaipur, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 255 (Raj).

¶43

Manoj Kumar Meena S/o Sh. Radheshyam Meena, R/o Ramnagar Colony, Ward No. 05, Bandikui District Dausa, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 1484 (Raj).

¶44

Smt. Sunita Yadav W/o Sh. Chhajuram Yadav, R/o Dhani Bada Kua, Ghasipura, Tehsil Shahpura District Jaipur, Presently Posting, P.s. Samod District Jaipur Rural Fc Belt No. 2042 (Raj).

¶45

Harish Kumar S/o Sh. Banwari Lal Jat, R/o Village Bhudoli, Tehsil Neemkathana District Sikar, Presently Posting, R.p.l., Jaipur Rural C. Belt No. 1868 (Raj).

¶46

Ricchpal S/o Sh. Chhoturam, R/o Village Radawas, Tehsil Shahpura Distict Jaipur, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 189 (Raj).

¶47

Shankar Lal S/o Sh. Prabhudayal, R/o Village Amarsar, Police Station Amarsar District Jaipur, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 764 (Raj).

¶48

Sanwarmal S/o Sh. Banna Ram Jat, R/o Village Chainpura Post Dheengpur, Police Station Khatushyamji District Sikar, Presently Posting, P.s. Renwal District Jaipur Rural C. Belt No. 752 (Raj).

¶49

Lalchand S/o Sh. Shyopal Saini, R/o Village Babai, Police Station Khetri District Jhunjhunu, Presently Posting, P.s. Samod District Jaipur Rural C. Belt No. 1973 (Raj).

¶50

Sanwar Mal S/o Sh. Jhuntharam, R/o Village Lakhani, Police Station Reengus District Sikar, Presently Posting, P.s. Renwal District Jaipur Rural C. Belt No. 48 (Raj).

¶51

Leeladhar S/o Sh. Hawa Singh, R/o Village Jaitpur, Police Station Buhana District Jhunjhunu, Presently Posting, P.s. Manoharpur District Jaipur Rural Hc Belt No. 389 (Raj).

¶52

Satendra Kumar Jatav S/o Sh. Shreepal Jatav, R/o Village Nithari, Police Station Malakheda District Alwar, Presently Posting, P.s. Shahpura District Jaipur Rural Hc Belt No. 492 (Raj).

¶53

Jagveer S/o Sh. Beerbal Ram, R/o Village Udamandi, Police Station Buhana District Jhunjhunu, Presently Posting, P.s. Shahpura District Jaipur Rural Hc Belt No. 439 (Raj).

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(5 of 17)

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[CW-2648/2022]

¶56

Jaipal Singh S/o Sh. Shreeram Gurjar, R/o Ward No. 05, Theka Ki Dhani, Tan Viratnagar District Jaipur Rural, Presently Posting, Reserve Police Line, Jaipur Rural C. Belt No. 1272 (Raj).

¶57

Kailash Chand S/o Sh. Bhauri Lal Gurjar, R/o Gurjarwas Basna, Police Station Jamvaramgarh District Jaipur Rural, Presently Posting, P.s. Pragpura District Jaipur Rural C. Belt No. 1934 (Raj).

¶58

Prakash Chand S/o Sh. Mahaveer Prasad, R/o Biharisar, Police Station Thanagaji District Alwar, Presently Posting, P.s. Pragpura District Jaipur Rural C. Belt No. 1989 (Raj).

¶59

Manoharlal S/o Sh. Chiranji Lal, R/o Lalawala, Police Station Bassi District Jaipur, Presently Posting, P.s. Dausa Police Line, Dausa, C. Belt No. 572 (Raj).

¶60

Ramavtar S/o Sh. Devadas Swami, R/o Dhani Jamnawadi Gram Jugalpura, Police Station Ajitgarh District Sikar, Presently Posting, P.s. Pragpura District Jaipur Rural C. Belt No. 1872 (Raj).

¶61

Rajesh Kumar S/o Sh. Surjaram, R/o Village Bhopatpura, Police Station Reengus District Sikar, Presently Posting, P.s. Pragpura District Jaipur Rural C. Belt No. 809 (Raj).

¶62

Smt. Jyoti Raghav W/o Sh. Shivraj Singh Chouhan, R/o Village Khundroth, Rajput Mohalla, Tehsil Neemrana District Alwar, Presently Posting, P.s. Viratnagar District Jaipur Rural Fc Belt No. 1247 (Raj).

¶63

Satyaveer Singh S/o Sh. Harchand, R/o Village Tasing, Tehsil Behror District Alwar, Presently Posting, P.s. Pragpura District Jaipur Rural Hc Belt No. 375 (Raj).

¶64

Mahesh Kumar S/o Sh. Girdhari Ram Jat, R/o Dhani Kokawali Tan Gadhktaknet, Police Station Ajitgarh District Sikar, Presently Posting, Traffic Branch, Gathwadi, Jaipur Rural C. Belt No. 1877 (Raj).

¶65

Tekchand S/o Late Sh. Omkar Jat, R/o Gram Naithla, Post Nithari, Police Station Malakheda District Alwar, Presently Posting, C.o. Office, Shahpura District Jaipur Rural C. Belt No. 05 (Raj).

¶66

Mahendra Kumar S/o Sh. Surajmal Gurjar, R/o Village Gugrajpura, Police Station Ajitgarh District Sikar, Presently Posting, P.s. Viratnagar District Jaipur Rural C. Belt No. 109 (Raj).

¶67

(6 of 17)

¶68

[CW-2648/2022]

¶69

Sharwan Kumar S/o Sh. Khangaram Meghwal, R/o Village Khatiwas, Tehsil Dantaramgarh District Sikar, Presently Posting P.s. Renwal District Jaipur Rural C. Belt No. 2018 (Raj.)

¶70

Smt. Geeta Devi W/o Sh. Navratan, R/o Plot No. 119 D, Anita Colony, Rampura Road, Sanganer, Jaipur, Presently Posting, P.s. Mahila Thana, District Jaipur Rural, A.s.i. (Raj).

¶71

Sunder Lal S/o Sh. Phool Chand, R/o Gram Kothiya Post Nangar Lakha, Tehsil Bansur District Alwar, Presently Posting, P.s. Mahila Thana District Jaipur Rural Hc Belt No. 497 (Raj).

¶72

Hakim Khan S/o Sh. Fakir Khan, R/o Village Piplad Tehsil Parbatsar District Nagaur, Presently Posting, P.s. Mahila Thana District Jaipur Rural Hc Belt No. 623 (Raj).

¶73

Surendra Singh S/o Sh. Rohitash Yadav, R/o Village Dugeda, Tehsil Behror District Alwar, Presently Posting, Police Line, Jaipur Rural, C. Belt No. 1414 (Raj).

¶74

Lalchand S/o Sh. Nathu Lal, R/o Vilalge Nawalpura, Police Station Manoharpur District Jaipur, Presently Posting, P.s. Chandwaji District Jaipur Rural C. Belt No. 867 (Raj).

¶75

Rajpal Singh S/o Sh. Hanuman Singh Rathore, R/o Village Bardadas, Police Station Dudhwa Khara District Churu, Presently Posting, Dst Team District Jaipur Rural C. Belt No. 795 (Raj).

¶76

Jagdish Prasad S/o Sh. Nathuram, R/o Village Raini, Police Station Raini District Alwar, Presently Posting, C.o. Office Shahpura District Jaipur Rural, A.s.i. (Raj).

¶77

Hansram S/o Sh. Jhabarmal, R/o Purana Bas, Police Station Neemkathana Sadar District Sikar, Presently Posting, C.o. Office Shahpura District Jaipur Rural Hc Belt No. 494 (Raj).

¶78

Rajendra Singh S/o Sh. Madan Lal, R/o Village Govindpura, Police Station Neemkathana, Sadar, District Sikar, Presently Posting, P.s. Amarsar District Jaipur Rural C. Belt No. 773 (Raj).

¶79

Kaluram Jharwal S/o Late Sh. Surjaram, R/o Village Ajmeri District Sikar, Presently Posting, P.s. Shahpura District Jaipur Rural, A.s.i. (Raj).

¶80

Dharmendra S/o Sh. Sohan Lal, R/o Village Surajpura,

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(7 of 17)

¶82

[CW-2648/2022]

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Police Station Bhabru District Jaipur, Presently Posting, P.s. Shahpura District Jaipur Rural Hc Belt No. 416 (Raj).

¶84

Ashok Kumar S/o Sh. Sadhuram, R/o Village And Post Buchaheda Mohalla, Police Station Kotputli District Jaipur Rural, Presently Posting, P.s. Shahpura District Jaipur Rural C. Belt No. 151 (Raj).

¶85

Smt. Krishana W/o Sh. Damodar Gurjar, R/o Saradhana Ki Dhani, Surjanpur, Police Station Narayanpura District Alwar, Presently Posting, P.s. Shahpura District Jaipur Rural Fc Belt No. 2043 (Raj).

¶86

Premprakash S/o Late Sh. Nathuram Yadav, R/o Gadli Ki Dhani, Tehsil Shreemadhopur District Sikar, Presently Posting, P.s. Shahpura District Jaipur Rural C. Belt No. 227 (Raj).

¶87

Smt. Vinod Kumari W/o Sh. Premprakash Yadav, R/o Gadli Ki Dhani, Tehsil Shreemadhopur District Sikar, Presently Posting, P.s. Shahpura District Jaipur Rural Fc Belt No. 228 (Raj).

¶88

Rajkumar S/o Sh. Natthuram Yadav, R/o Village Kadipuri, Police Station Narnaul District Mahendragargh (Hr.) Presently Posting, P.s. Shahpura District Jaipur Rural, A.s.i.(Raj).

¶89

Ramniwas S/o Sh. Madan Lal Jat, R/o Village Governdhanpura, Police Station Neemkathana, Kotwali Distict Sikar, Presently Posting, P.s. Shahpura District Jaipur Rural Hc Belt No. 315 (Raj).

¶90

Shivraj Singh S/o Late Sh. Sardarsingh, R/o House No. 206, Mahaveer Nagar-Ii, Kota, Presently Posting, P.s. Shahpura District Jaipur Rural Hc Belt No. 520 (Raj).

¶91

Gopal Lal S/o Sh. Jairam Meena, R/o Garh Ki Kothi, Police Station Bassi District Jaipur, Presently Posting, P.s. Shahpura District Jaipur Rural Hc Belt No. 459 (Raj).

¶92

Pappu Singh S/o Late Sh. Madharam Yadav, R/o Dharmpura Kua, Bhaloji, Police Station Kotputli District Jaipur Presently Posting, Chalani Guard, Shahpura District Jaipur Rural Hc Belt No. 442 (Raj).

¶93

Manoj Kumar S/o Sh. Kanhaiya Lal, R/o Village Shimla, Police Station Khetri District Jhunjhunu, Presently Posting, P.s. Paniyala District Jaipur Rural C. Belt No. 858 (Raj).

¶94

Virendra Singh S/o Late Sh. Bansant Lal Yadav, R/o

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(8 of 17)

¶96

[CW-2648/2022]

¶97

Village Bhitheda, Police Station Behror District Alwar, Presently Posting, Control Room Kotputli District Jaipur Rural Hc Belt No. 573 (Raj).

¶98

Rajkumar S/o Sh. Jagram Yadav, R/o Village Dumrauli, Police Station Neemranan District Alwar, Presently Posting, Control Room Kotputli District Jaipur Rural C. Belt No. 1424 (Raj).

¶99

Anil Kumar S/o Sh. Bhure Lal Yadav, R/o Village Lotiya, Tehsil Surajgarh District Jhunjhunu, Presently Posting, P.s. Kotputli District Jaipur Rural C. Belt No. 1248 (Raj).

¶100

Smt. Dholi Devi W/o Sh. Prem Kumar Gurjar, R/o Village Jainpur Bas, Police Station Behror District Alwar Presently Posting, P.s. Paniyala District Jaipur Rural Fc Belt No. 872 (Raj).

¶101

Smt. Geeta Devi W/o Sh. Anil Kumar Yadav, R/o Dhani Dhankala, Police Station Khetri District Jhunjhunu, Presently Posting, P.s. Shahpura District Jaipur Rural Fc Belt No. 831 (Raj).

¶102

Anoop Singh S/o Sh. Jaswant Singh, R/o Village Hingwada, Tehsil Tijara District Alwar, Presently Posting, P.s. Renwal Manjhi District Jaipur Rural C. Belt No. 1449 (Raj).

¶103

Amar Singh S/o Sh. Ranjeet Singh Meena, R/o Village Paneda, Police Station Paniyala District Jaipur, Presently Posting, P.s. Renwal District Jaipur Rural Hc Belt No. 337 (Raj).

¶104

Dilip Kumar S/o Sh. Chothmal Sanwariya, R/o Village Tala, Police Station Raisar District Jaipur Rural, Presently Posting, P.s. Manoharpur District Jaipur Rural Hc Belt No. 450 (Raj).

¶105

Ramkrishan S/o Sh. Rajendra Singh Yadav, R/o Village Manjara, Police Station Mandhan District Alwar, Presently Posting, P.s. Pragpura District Jaipur Rural Hc Belt No. 474 (Raj).

¶106

Smt. Rekha Kumari W/o Sh. Vijay Kumar, R/o Village Bopiya, Police Station Patan District Sikar, Presently Posting, Additional S.p. Office, Kotputli District Jaipur Rural Fc Belt No. 1291 (Raj).

¶107

Suresh Kumar S/o Sh. Nanuram Yadav, R/o Village Kayampura Bas, Police Station Paniyala District Jaipur

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(9 of 17)

¶109

[CW-2648/2022]

¶110

Rural, Presently Posting, Reserve Police Line, Jaipur Rural C. Belt No. 815 (Raj).

¶111

Smt. Sona Sharma W/o Sh. Manoj Sharma, R/o Village Bacchdi, Mohalla Ward No. 15 Ajad Chok, Kotputli District Jaipur, Rural, Presently Posting, Reserve Police Line, Jaipur Rural, Fc Belt No. 2203 (Raj).

¶112

Chetram S/o Sh. Dataram Meena, R/o Village Paneda, Police Station Paniyala District Jaipur, Rural, Presently Posting, P.s. Reserve Police Line Jaipur Rural, C. Belt No. 22 (Raj).

¶113

Prakash Chand Meena S/o Sh. Birdichand Meena, R/o Village Paneda, Police Station Paniyala District Jaipur, Rural, Presently Posting, Chalani Guard, Kotputli District Jaipur, Rural, C. Belt No. 825 (Raj).

¶114

Smt. Sushila Yadav W/o Sh. Suresh Kumar Yadav, R/o Village Jhadaya Nagar Post Office Pachlangi, Tehsil Udaipurwati District Jhunjhunu, Presently Posting, P.s. Amarsar District Jaipur, Rural, Fc Belt No. 1258 (Raj).

¶115

Surendra Kumar Meena S/o Sh. Shimbhudayal Meena, R/o Dhani Raisingh Ki, Shreemadhopur District Sikar, Presently Posting, P.s. Amarsar District Jaipur, Rural, C. Belt No. 1491 (Raj).

¶116

Smt. Mamta Yadav W/o Sh. Bhagwan Sahai, R/o Gram Itawa Bhopji, Tehsil Chomu District Jaipur, Presently Posting, P.s. Manoharpur District Jaipur, Rural, Fc Belt No. 2064 (Raj).

¶117

Smt. Karma Devi W/o Sh. Jugal Kishor, R/o Purana Bas, Police Station Neemkathana District Sikar, Presently Posting, P.s. Amarsar District Jaipur, Rural, Fc Belt No. 861 (Raj).

¶118

Smt. Rinki Tank W/o Sh. Shankar Lal, R/o Village Mundiyagarh, Tehsil Renwal District Jaipur, Presently Posting, P.s. Phulera District Jaipur, Rural, Fc Belt No. 1254 (Raj).

¶119

Sunder Lal Yadav S/o Sh. Netram Yadav, R/o Village Shimla, Police Station Khetri District Jhunjhunu, Presently Posting, Chalani Guard, Kotputli District Jaipur Rural, Rural, Hc Belt No. 465 (Raj).

¶120

Mahaveer Prasad S/o Sh. Heera Lal Gurjar, R/o Village Tapri, Tehsil Kotputli District Jaipur, Presently Posting, P.s.

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(10 of 17)

¶122

[CW-2648/2022]

¶123

Bhabru District Jaipur, Rural, C. Belt No. 807 (Raj).

¶124

Inderjeet S/o Sh. Rameshwar Lal Yadav, R/o Village Bhadwadi, Police Station Thoi District Sikar, Presently Posting, P.s. Govindgarh District Jaipur, Rural, Hc Belt No. 606 (Raj).

¶125

Puranmal S/o Sh. Ganpat Ram, R/o Village Trilokpura, Police Station Ajitgarh District Sikar, Presently Posting, P.s. Samod District Jaipur, Rural, C. Belt No. 1242 (Raj).

¶126

Gokul Kumar S/o Sh. Hanuman Sahai, R/o Village Bidara, Police Station Shahpura District Jaipur, Rural, Presently Posting, Choki Jatawali, P.s. Samod District Jaipur, Rural, C. Belt No. 162 (Raj).

¶127

Manoj Kumar S/o Sh. Ramkumar Gothwal, R/o Village Bhonawas, Police Station Pragpura District Jaipur Rural, Presently Posting, P.s. Bhabru District Jaipur, Rural, C. Belt No. 1965 (Raj).

¶128

Sikandar Singh S/o Late Sh. Ramavtar Singh, R/o Sardar Singh Ki Dhani, Police Station Bansur District Alwar Presently Posting, P.s. Bhabru District Jaipur, Rural, Hc Belt No. 323 (Raj).

¶129

Jairam S/o Sh. Jamman Ram Yadav, R/o Village Jodhpura, Post Kolaheda, Tehsil Thanagaji District Alwar Presently Posting, P.s. Manoharpur District Jaipur, Rural, A.s.i. (Raj).

¶130

Rohitash S/o Sh. Boduram Yadav, R/o Dhani Gundkawali Village Sarund District Jaipur Rural, Presently Posting, P.s. Manoharpur District Jaipur, Rural, C. Belt No. 294 (Raj).

¶131

Moolchand S/o Sh. Boduram Meena, Ro Jugalpura, Police Station Ajitgarh District Sikar, Presently Posting, Choki Triveni, P.s. Bhabru District Jaipur, Rural, Hc Belt No. 458 (Raj).

¶132

Surajmal S/o Sh. Hanuman Sahai, R/o Village Ajmeri, Police Station Ajitgarh District Sikar Presently Posting, C.o. Office Kotputli District Jaipur, Rural, Hc Belt No. 610 (Raj).

¶133

Smt. Suman Yadav W/o Sh. Kamlesh Kumar Yadav, R/o Balawas, Police Station Bansur District Alwar, Presently Posting, Police Line, Jaipur, Fc Belt No. 2065 (Raj).

¶134

Smt. Rajneesh Yadav W/o Sh. Mahendra Kumar Yadav, R/o Village Governdhanpura, Tehsil Kotputli District Jaipur,

¶135

(11 of 17)

¶136

[CW-2648/2022]

¶137

Rural, Presently Posting, P.s. Bhabru District Jaipur, Rural, Fc Belt No. 2077 (Raj).

¶138

Smt. Pooja Lamba W/o Sh. Ajay Kumar, R/o A-465, Taranagar, Jhotwara, Jaipur, Presently Posting, P.s. Mahila Thana Sadar, Jaipur Rural, Fc Belt No. 1255 (Raj).

¶139

Kailash Chand Duvesh S/o Sh. Rambharosi, R/o Daru Kuta Mohalla, Tehsil Deeg District Bharatpur, Presently Posting, R.t.i. Cell, Jaipur, Rural, C. Belt No. 1422 (Raj).

¶140

Vishnu Datt Jaif S/o Sh. Jagdish Prasad Meen, R/o Puranabas, Police Station Neemkathana District Sikar Presently Posting, P.s. Bhabru District Jaipur, Rural, A.s.i. (Raj).

¶141

Mukesh Kumar Dayma S/o Sh. Madan Lal Dayma, R/o Village Tatera, Tehsil Shreemadhopur, Police Station Ajitgarh District Sikar Presently Posting, P.s. Renwal Manji District Jaipur, Rural, C. Belt No. 1290 (Raj).

¶142

Jagan Lal S/o Sh. Bhagwana Ram Raigar, R/o Village And Post Khirod, Police Station Nawalgarh District Jhunjhunu Presently Posting, P.s. Renwal District Jaipur, Rural, Hc Belt No. 598 (Raj).

¶143

Dilip Choudhary S/o Sh. Kisna Ram Jat, R/o Village Pindolai, Post Machva District Jaipur Presently Posting, S.p. Office, Jaipur, C. Belt No. 249 (Raj).

¶144

Ramesh Chand S/o Sh. Prabhati Lal, R/o Village Gudliya, Police Station Govindgarh District Jaipur Presently Posting, P.s. Jobner District Jaipur, Rural, Hc Belt No. 499 (Raj).

¶145

Dharmendra Choudhary S/o Sh. Hanuman Sahai, R/o Letkabas Dhani, Randhiriya Shahpura District Jaipur Presently Posting, P.s. Pragpura District Jaipur, Rural, C. Belt No. 1824 (Raj).

¶146

Rajveer S/o Sh. Baday Singh Meena, R/o Village Kalyanpura Khurd, Police Station Kotputli District Jaipur Presently Posting, P.s. Dudu District Jaipur, Rural, C. Belt No. 856 (Raj).

¶147

Kaluram S/o Sh. Ramdeen Yadav, R/o Village Singod Kalan, Police Station Govindgarh District Jaipur, Presently Posting, P.s. Dudu District Jaipur, Rural, Hc Belt No. 490 (Raj).

¶148

Dharmveer Meena S/o Sh. Ramavtar Meena, R/o Village

¶149

(12 of 17)

¶150

[CW-2648/2022]

¶151

Shahjahapura, Police Station Shahajahapur District Alwar Presently Posting, P.s. Mojmabad District Jaipur, Rural, Hc Belt No. 443(Raj).

¶152

Rajesh Kumar S/o Sh. Fallaram Meena, R/o Dhani Raisingh Ki Tan, Sakrai, Police Station Thoi District Sikar Presently Posting, P.s. Dudu District Jaipur, Rural, C. Belt No. 800 (Raj).

¶153

Kaluram S/o Sh. Shyojiram Meena, R/o Gram Kodar Post Avaniya, Police Station Bagru District Jaipur Presently Posting, P.s. Dudu District Jaipur, Rural, Hc Belt No. 429 (Raj).

¶154

Smt. Sushila S/o Sh. Sitaram Yadav, R/o Dhani Dakla Ki Police Station Khetri District Jhunjhunu Presently Posting, Reserve Police Line, Jaipur, Fc Belt No. 877 (Raj).

¶155

Bihari S/o Sh. Kalyan Sahai Jat, R/o Village Tulsipura, Tehsil Pavta, Police Station Pragpura District Jaipur Presently Posting, P.s. Amarsar District Jaipur, Rural, Hc Belt No. 370 (Raj).

¶156

Ramniwas S/o Sh. Surjaram, R/o Shyopura Dhaka Ka Bas, Police Station Mandawa District Jhunjhunu Presently Posting, P.s. Amarsar District Jaipur, Rural, Hc Belt No. 506 (Raj).

¶157

Rajesh Kuamr S/o Sh. Makkhan Lal Meena, R/o Village Trilokpura, Police Station Ajitgarh, Tehsil Shreemadhopur District Sikar Presently Posting, P.s. Kotwali, Ganganagar District Ganganagar, C. Belt No. 218 (Raj).

¶158

Naresh Singh S/o Sh. Ram Singh, R/o Village Sarund, Police Station Sarund, District Jaipur, Presently Posting, Police Line Jaipur, Rural, Hc Belt No. 551 (Raj).

¶159

Bhanwar Lal S/o Sh. Kanaram Balai, R/o Mishar Colony, Phulera, Police Station Phulera District Jaipur, Presently Posting, P.s. Dudu Distrrict Jaipur, Rural, A.s.i. (Raj).

¶160

Sohan Lal S/o Sh. Manguram Yadav, R/o Village Kasli, Tehsil Kotputli District Jaipur, Presently Posting, P.s. Dudu Distrrict Jaipur, Rural, A.s.i. (Raj).

¶161

Mahendra Kumar S/o Sh. Sharwan Kumar, R/o Beniya Ka Bas, Police Station Jobner District Jaipur Presently Posting, P.s. Dudu Distrrict Jaipur, Rural, Hc Belt No. 373 (Raj).

¶162

Bijendra Kumar S/o Sh. Shiv Lal, R/o Village Nuhaniya,

¶163

(13 of 17)

¶164

[CW-2648/2022]

¶165

Tehsil Buhana District Jhunjhunu, Presently Posting, P.s. Samod Distrrict Jaipur, Rural, Hc Belt No. 515 (Raj).

¶166

Ramavtar Meena S/o Sh. Banarsi Lal Meena, R/o Village Bharala, Police Station Neemkathana, Sadar District Sikar Presently Posting, P.s. Kaladera Distrrict Jaipur, Rural, A.s.i. (Raj).

¶167

Ganesh Ram S/o Sh. Chandra Ram Jat, R/o Village Jodhpura, Police Station Renwal District Jaipur Presently Posting, P.s. Kaladera Distrrict Jaipur, Rural, Hc Belt No. 542 (Raj).

¶168

Bahadur Singh S/o Sh. Jagdish Prasad, R/o Village Kairwali, Police Station, Neemkathana, Sadar District Sikar, Presently Posting, P.s. Manoharpur Distrrict Jaipur, Rural, A.s.i. (Raj).

¶169

Sunil Kumar S/o Sh. Maliram Meena, R/o Purana Bas, Police Station Neemkathana, Sadar District Sikar Presently Posting, P.s. Mojmabad Distrrict Jaipur, Rural, C. Belt No. 1403 (Raj).

¶170

Hansraj Jyani S/o Sh. Bhagchand Jyani, R/o Village Alai, Tehsil And District Nagaur, Presently Posting, P.s. Kotgate Bikaner, C. Belt No. 581 (Raj).

¶171

Mangi Lal S/o Sh. Shaitanaram, R/o Village Rad Ka Bera, Padiyal, Tehsil Ghatiyala, Police Station Bhojasar District Jodhpur, Presently Posting, P.s. Khajuwala District Bikaner, C. Belt No. 739 (Raj).

¶172

Narpat Singh S/o Sh. Kan Singh, R/o Hanumanpura, Post Sevapura, Tehsil Amer District Jaipur, Presently Posting, Traffic Police, East, Jaipur District Jaipur Hc Belt No. 4619 (Raj).

¶173

----Petitioners

¶174

Versus

¶175

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

¶176

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

¶177

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

¶178

Director General Of Police Rajasthan, Police Head Quarter,

¶179

(14 of 17)

¶180

[CW-2648/2022]

¶181

Lal Kothi Jaipur (Rajasthan).

¶182

The Commissioner Of Police, Jaipur Commissionerate, Jaipur.

¶183

Superintendent Of Police, Jaipur Rural.

¶184

----Respondents

¶185

D.B. Civil Writ Petition No. 2793/2022

¶186

Bhagwan Singh S/o Shri Puranmal and Ors.

¶187

----Petitioners

¶188

Versus

¶189

State Of Rajasthan and Ors.

¶190

----Respondents

¶191

D.B. Civil Writ Petition No. 2836/2022

¶192

Ramkaran Meena S/o Sh. Kalyan Meena and Ors.

¶193

----Petitioners

¶194

Versus

¶195

State Of Rajasthan and Ors.

¶196

----Respondents

¶197

D.B. Civil Writ Petition No. 2861/2022

¶198

Pratap Singh Chaudhary Hc No. - 335 S/o Sh. Mool Chand Chaudhary and Ors.

¶199

----Petitioners

¶200

Versus

¶201

State Of Rajasthan and Ors.

¶202

----Respondents

¶203

D.B. Civil Writ Petition No. 2877/2022

¶204

Pradeep Kumar C.t. No. - 356 S/o Sh. Khilu Ram and Ors.

¶205

----Petitioners

¶206

Versus

¶207

State Of Rajasthan and Ors.

¶208

----Respondents

¶209

For Petitioner(s)	:	Mr. Vikash Kumar Jakhar with
		Mr. Vikash Kumar Kadwasara
		Mr. Deepak Kumar Sharma
		Mr. N.K. Tiwari, Mr. Vivek Gaur
		Mr. Vishvash Saini
		Mr. Manoj Singh Raghav
For Respondent(s)	:	Mr. R.P. Singh, AAG through VC Mr. Rajesh Maharshi, AAG through VC

¶210

(15 of 17)

¶211

[CW-2648/2022]

¶212

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

¶213

Order

¶214

21/02/2022

¶215

In this group of petitions 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:-

¶216

“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.

¶217

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.

¶218

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.

¶219

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

¶220

(16 of 17)

¶221

[CW-2648/2022]

¶222

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.

¶223

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.

¶224

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.

¶225

(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.

¶226

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

¶227

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.

¶228

All pending applications are also disposed of.”

¶229

(17 of 17)

¶230

[CW-2648/2022]

¶231

Issues being identical the directions contained in the said

¶232

order dated 25.11.2021 in case of Santosh Sharma (supra) will

¶233

apply in all these cases.

¶234

The petitions stand disposed of accordingly.

¶235

(SUDESH BANSAL),J

¶236

(AKIL KURESHI),CJ

¶237

BRIJ MOHAN GANDHI/20, 22, 24-26

Bhagwan Singh S/O Shri Puranmal v. State of Rajasthan

Case brief

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Bhagwan Singh S/O Shri Puranmal v. State of Rajasthan

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