Disposed

Rajendra Prasad S/O Sh. Kashiram v. State of Rajasthan

Rajasthan HC24 Feb 2022CW/3405/2022

Case brief

AI extract

What is this about?

Writ petitions challenging the validity of a notification amending Rajasthan Civil Services pay rules affecting Assured Career Progression benefits. The court ruled that examining the legality was premature as the government was already reviewing the matter, and directed indemnity referrals and halting further recoveries.

What did the court decide?

Direction to Government to take a final decision within three months; no further recoveries to be made; refund of recoveries made from pensioners.

Rajendra Prasad S/O Sh. Kashiram Vs State… — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

1.D.B. Civil Writ Petition No. 11986/2020

¶3

Bahadur Singh S/o Sh. Chittar Singh, Aged About 35 Years, R/o Vp Gilgiliya, Patti Ucchain, Dist Bharatpur At Present Fc 119, Police Training School, Bharatpur

¶4

Badan Singh S/o Sh. Kalua Ram, R/o Vp Hantra, Teh Nadbai, Dist Bharatpur At Present Fc 127, Police Training School, Bharatpur

¶5

Hemant Singh S/o Sh. Foran Singh, R/o Vp Sunari, Teh And Dist Bharatpur At Present Fc 30, Police Training School, Bharatpur

¶6

Manoj Kumar S/o Sh. Atar Singh, R/o Vp Hantra, Teh Nadbai, Dist Bharatpur At Present Fc 29, Police Training School, Bharatpur

¶7

Kalyan Singh S/o Sh. Shiv Charan Lal, R/o Vill Jahangirpur, Kumher, Dist Bharatpur At Present Fc 117, Police Training School, Bharatpur

¶8

Satveer Singh S/o Sh. Bhagwan Singh, R/o Vill Nahroli, Post Sheeshwada, Teh Deeg, Dist Bharatpur At Present Fc 28, Police Training School, Bharatpur

¶9

Dharmendra Singh S/o Sh. Bahadur Singh, R/o Vp Bahaj, Teh Deeg, Dist Bharatpur At Present Fc 19, Police Training School, Bharatpur

¶10

Pushpendra Singh S/o Sh. Suresh Chand Chahar, R/o Anirudh Nagar, Ps Mathura Gate, Dist Bharatpur At Present Fc 24, Police Training School, Bharatpur

¶11

Brijo Ram S/o Sh. Motiram, R/o Vill Vishda, Post Jharoli, Teh And Dist Bharatpur At Present Fc Driver 147, Police Training School, Bharatpur

¶12

Vinod Kumar S/o Sh. Brijendra Singh, R/o Lohagarh School, Shastri Nagar, Bharatpur At Present Fc 125, Police Training School, Bharatpur

¶13

Bhupendra Singh S/o Sh Brijendra Singh, R/o Vp Sinsini, Teh Deeg, Dist Bharatpur At Present Hc 66, Police Training School, Bharatpur

¶14

Rajveer Singh S/o Sh. Devi Singh, R/o Vp Piprau, Teh Nadbai, Dist Bharatpur At Present Fc 126, Police Training School, Bharatpur

¶15

(2 of 12)

¶16

[CW-11986/2020]

¶17

Ashok S/o Sh. Uday Singh, R/o Vp Pathroda, Teh Nagar, Dist Bharatpur At Present Fc 123, Police Training School, Bharatpur

¶18

Shiv Lal S/o Sh. Ramhet Meena, R/o Vill Gordhanpura, Post Baroda Gajraj, Teh Sapotra, Dist Karauli At Present Fc 116, Police Training School, Bharatpur

¶19

Randhav Singh S/o Sh. Kewal Ram, R/o Vp Dhanota, Teh And Dist Bharatpur, At Present Fc 26, Police Training School, Bharatpur

¶20

Hakim Singh S/o Sh. Chandar Singh, R/o Vp Thoon, TehNagar, Dist Bharatpur At Present Fc 101, Police Training School, Bharatpur

¶21

Ramveer Singh S/o Sh. Sugar Singh Gurjar, R/o Khoh Deeg, Bharatpur At Present Fc 17, Police Training School, Bharatpur

¶22

Chhatar Singh S/o Sh. Amar Singh, R/o Vill Nagla Harchand, Post Sogar, Teh And Dist Bharatpur At Present Fc Driver 36, Police Training School, Bharatpur

¶23

Jai Singh S/o Sh. Ramswaroop, R/o Vp Ishapur Katara, Teh Nadbai, Dist Bharatpur At Present Fc 110, Police Training School, Bharatpur

¶24

Lal Singh S/o Sh. Rajjan Singh, R/o Vp Bolkheda, Teh Kaman, Dist Bharatpur At Present Fc 21, Police Training School, Bharatpur

¶25

Vijay Singh S/o Sh. Pooran Singh, R/o Kaprola, Uccha Gaon, Teh And Dist Bharatpur At Present Fc 106, Police Training School, Bharatpur

¶26

Rajveer Singh S/o Sh. Kartar Singh, R/o Vill Anipur, Post Kasoda, Teh And Dist Bharatpur At Present Fc Driver 143, Police Training School, Bharatpur

¶27

Shyam Bihari S/o Sh. Sarman Singh, R/o Vill Nagla Khuntela, Post- Bahaj, Teh- Deeg, Dist Bharatpur At Present Fc Driver 37, Police Training School, Bharatpur

¶28

Sanjay Kumar S/o Sh. Lalaram, R/o Vill Kalyanpur, Post Aghapur, Teh And Dist Bharatpur At Present Fc 25, Police Training School, Bharatpur

¶29

Rajendra Kumar Katara S/o Sh. Baldev Prasad Katara, R/o Vp Dhanota, Teh And Dist Bharatpur At Present Fc 114, Police Training School, Bharatpur

¶30

Mangi Lal S/o Sh. Ramdayal, R/o Vill Neemli, Post

¶31

(3 of 12)

¶32

[CW-11986/2020]

¶33

Naharpur, Teh Bhusawar, Dist Bharatpur At Present Fc 99, Police Training School, Bharatpur

¶34

Ali Mohammad S/o Sh. Munir Khan, R/o Vp Gulpada, Teh Nagar, Dist Bharatpur At Present Fc 111, Police Training School, Bharatpur

¶35

Dharam Singh S/o Sh. Batti Lal, R/o Vill Dantli, Post Bhajeda, Teh Todabheem, Dist Karauli At Present Fc 115, Police Training School, Bharatpur

¶36

Uday Bhan Singh S/o Sh. Bhagwan Singh, R/o Vp Ucchain, Tiya Patti, Dist Bharatpur At Present Fc 104, Police Training School, Bharatpur

¶37

Jitendra Singh S/o Sh. Jal Singh, R/o Vp Gadoli, Teh Nadbai, Dist Bharatpur At Present Fc 98, Police Training School, Bharatpur

¶38

Arvind Kumar S/o Sh. Badan Singh, R/o Vill Mudota Sewar, Bharatpur At Present Hc 60, Police Training School, Bharatpur

¶39

Prahlad Singh S/o Sh. Yadram, R/o Vill Mudiya, Post Kherli, Gadasiya, Teh Bayana, Dist Bharatpur At Present Fc 124, Police Training School, Bharatpur

¶40

Dan Singh S/o Sh. Shiv Singh, R/o Vp Bansi Khurd, Teh And Dist Bharatpur At Present Fc 14, Police Training School, Bharatpur

¶41

Keshav Dev S/o Sh. Motiram, R/o Vp Belara, Teh Nadbai, Dist Bharatpur At Present Fc 122, Police Training School, Bharatpur

¶42

Rajendra Singh S/o Sh. Brijendra Singh, R/o Vp Bolkheda, Teh Kaman, Dist Bharatpur, At Present Fc 23, Police Training School, Bharatpur

¶43

Rajkumar S/o Sh. Rajendra Singh, R/o House No. 227, Pushp Vatika Colony, Bharatpur At Present Fc 100, Police Training School, Bharatpur

¶44

Mayaram S/o Sh. Harkesh Singh, R/o Vp Tigariya, Teh Todabheem, Dist Karauli At Present Fc 112, Police Training School, Bharatpur

¶45

Kartar Singh S/o Sh. Shivram Singh, R/o Vp Aghapur, Teh And Dist Bharatpur At Present Fc 118, Police Training School, Bharatpur

¶46

Lekhraj S/o Sh. Omprakash, R/o Vill Daultapur, Post Chiksana, Teh And Dist Bharatpur At Present Hc 62, Police

¶47

(4 of 12)

¶48

[CW-11986/2020]

¶49

Training School, Bharatpur

¶50

Rajendra Singh S/o Sh. Devi Singh, R/o Vill Kanjoli, Post Kasoda, Teh And Dist Bharatpur At Present Fc 103, Police Training School, Bharatpur

¶51

Natwar Singh S/o Sh. Lakhan Singh, R/o Vill Nagla Punthiya, Post Daultagarh, Teh Roopwas, Dist Bharatpur At Present Fc Driver 146, Police Training School, Bharatpur

¶52

Prahlad Singh S/o Sh. Shankar Lal, R/o Vill Sahaipur, Post Paharsar, Teh Nadbai, Dist Bharatpur At Present Hc 68, Police Training School, Bharatpur

¶53

Hansraj S/o Sh. Mansingh, R/o Vp Talchera, Teh Nadbai, Dist Bharatpur At Present Fc 107, Police Training School, Bharatpur

¶54

Kuldeep Singh S/o Sh. Raghunath Singh, R/o Vill Nagla Gharu, Post Fodar, Teh And Dist Mathura, Up At Present Fc 128, Police Training School, Bharatpur

¶55

Rameshwar Dagur S/o Sh. Tej Singh Dagur, R/o Vp Pathrora, Teh Nagar, Dist Bharatpur At Present Fc 108, Police Training School, Bharatpur

¶56

Jaswant Singh S/o Sh. Betal Singh, R/o Vill Lahakpur, Post Japawli, Teh Badi, Dist Dholpur At Present Hc 72, Police Training School, Bharatpur

¶57

Nawal Kishor S/o Sh. Bhagwan, R/o Vijay Nagar Colony, Heera Das, Bharatpur At Present Fc 16, Police Training School, Bharatpur

¶58

Ravi Kumar Choudhary S/o Sh. Amar Singh, R/o 98, Laxmi Nagar, Nirwaru Road, Jhotwara, Jaipur, At Present Ldc, Police Training School, Jhalawar (Raj.).

¶59

Ram Prakash S/o Sh. Amar Lal, R/o Vpo Panwasa, Tehsil Asnawar District Jhalawar, At Present F.c No. 43, Police Training School, Jhalawar (Raj.).

¶60

Sandeep Kumar S/o Sh. Radha Kishan, R/o Gram Shyampura, Post Nua, Tehsil And District Jhalawar, At Present F.c No. 51, Police Training School, Jhalawar (Raj.).

¶61

Neelesh Sharma D/o Sh. Brijmohan Sharma, R/o Baseda Mohalla, Jhalawar, At Present M.f.c No. 33, Police Training School, Jhalawar (Raj.).

¶62

Anuradha D/o Sh. Kalyanmal Rathore, R/o Near Motikua School, Jhalawar, At Present M.f.c No. 54, Police Training

¶63

(5 of 12)

¶64

[CW-11986/2020]

¶65

School, Jhalawar (Raj.).

¶66

Madhu Kumari D/o Sh. Bhagwati Prasad, R/o Vpo, Raipur, Tehsil Raipur District Jhalawar, At Present M.f.c No. 26, Police Training School, Jhalawar (Raj.).

¶67

Omprakash Nagar S/o Sh. Rampratap, R/o Vill Badora, Tehsil Atru District Baran, At Present H.c No. 07, Police Training School, Jhalawar (Raj.).

¶68

Najis Khan S/o Sh. Mohammad Ishaq, R/o Gayatri Nagar, In Front Of Railway Station, Atru District Baran, At Present H.c No. 16, Police Training School, Jhalawar (Raj.).

¶69

Surendra Singh S/o Sh. Dule Singh, R/o Vp Foga, Tehsil Sardarsahar District Churu, At Present F.c No. 30, Police Training School, Jhalawar (Raj.).

¶70

Lakhan Singh S/o Sh. Chandrabhan Singh, R/o 9C, New Master Colony, Jhalawar, At Present H.c No. 19, Police Training School, Jhalawar (Raj.).

¶71

Rajendra Kumar S/o Sh. Chhitar Lal, R/o Near Jeetmal Dharmshala, Bus Stand, Jhalawar, At Present F.c No. 32, Police Training School, Jhalawar (Raj.).

¶72

Gajendra Singh S/o Sh. Jai Singh, R/o Vp Kukad, Tehsil Todarisingh District Tonk, At Present F.c No. 39, Police Training School, Jhalawar (Raj.).

¶73

Gajraj Singh S/o Sh. Bajrang Singh, R/o Village Paroliya, Post Bhilwadi Tehsil Jhalarapatan District Jhalawar, At Present F.c No. 23, Police Training School, Jhalawar (Raj.).

¶74

Kailash Nath S/o Sh. Shankar Nath, R/o Village Suwadiyadi, Post Morla, Tehsil Malpura District Tonk, At Present F.c No. 29, Police Training School, Jhalawar (Raj.).

¶75

Peeru Lal S/o Sh. Kanwar Lal, R/o Vill Dharnawad, Post Shreechhatrapur, District Kota, At Present F.c No. 47, Police Training School, Jhalawar (Raj.).

¶76

Ram Lal Meena S/o Sh. Krishan, R/o Vill Kalyanpura, Post Aktasa Tehsil Asnawar District Jhalawar, At Present F.c No. 40, Police Training School, Jhalawar (Raj.).

¶77

Karan Singh S/o Sh. Bapu Lal, R/o Vpo Raipur, Tehsil Raipur District Jhalawar, At Present F.c No. 31, Police Training School, Jhalawar (Raj.).

----Petitioners

(6 of 12)

[CW-11986/2020]

Versus

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

¶83

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

¶84

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

¶85

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

¶86

Commandent, Police Training School, Bharatpur, Bansikhurd, Bharatpur (Raj.).

¶87

Commandent, Police Training School, Jhalawar (Raj.)

¶88

----Respondents

¶89

connected with

¶90

2.D.B. Civil Writ Petition No. 2845/2020

¶91

Rajendra Singh S/o Ganga Singh Rajput

----Petitioner

Versus

State Of Rajasthan

----Respondent

3.D.B. Civil Writ Petition No. 3180/2020

¶97

Ramesh Kumar S/o Sh. Sohan Lal

----Petitioner

Versus

State Of Rajasthan

----Respondent

4.D.B. Civil Writ Petition No. 3639/2020

¶103

Surendra Singh S/o Sh. Shivpal

----Petitioner

Versus

State Of Rajasthan

----Respondent

5.D.B. Civil Writ Petition No. 3722/2020

¶109

Satyabhan S/o Sh. Harjas

----Petitioner

Versus

State Of Rajasthan

----Respondent

(7 of 12)

[CW-11986/2020]

6.D.B. Civil Writ Petition No. 5192/2020

¶117

Gokul Chand Nehra S/o Mularam Nehra

----Petitioner

Versus

State Of Rajasthan

----Respondent

7.D.B. Civil Writ Petition No. 5214/2020

¶123

Mohan Lal Meena S/o Sh. Ramgopal Meena

¶124

----Petitioner

¶125

Versus State Of Rajasthan ----Respondent 8.D.B. Civil Writ Petition No. 5339/2020 Siyaram S/o Sh. Laxman Singh ----Petitioner Versus State Of Rajasthan ----Respondent 9.D.B. Civil Writ Petition No. 5350/2020 Laxman Singh S/o Sh. Ramkhiladi ----Petitioner Versus State Of Rajasthan ----Respondent 10.D.B. Civil Writ Petition No. 5351/2020 Ramkishor S/o Sh. Narayan Ram ----Petitioner Versus State Of Rajasthan ----Respondent 11.D.B. Civil Writ Petition No. 5363/2020 Birbal Ram S/o Sh. Nanuram, ----Petitioner Versus State Of Rajasthan

¶126

----Respondent

¶127

12.D.B. Civil Writ Petition No. 5375/2020 Netram S/o Sh. Tarachand ----Petitioner Versus State Of Rajasthan

(8 of 12)

[CW-11986/2020]

----Respondent

13.D.B. Civil Writ Petition No. 5385/2020

¶132

Arvind Kumar S/o Sh. Bhoop Singh

----Petitioner

Versus

State Of Rajasthan

----Respondent

14.D.B. Civil Writ Petition No. 5410/2020

¶138

Mukesh Kumar Saini S/o Sh. Baluram Mali

----Petitioner

Versus

State Of Rajasthan

----Respondent

15.D.B. Civil Writ Petition No. 5418/2020

¶144

Jeevesh Kumar Jain S/o Sh. Tejmal

----Petitioner

Versus

State Of Rajasthan

----Respondent

16.D.B. Civil Writ Petition No. 11989/2020

¶150

Chandrakala W/o Sh. Indraj Singh

----Petitioner

Versus

State Of Rajasthan

----Respondent

17.D.B. Civil Writ Petition No. 11990/2020

¶156

Ashok Kumar S/o Sh. Nanagram

----Petitioner

Versus

State Of Rajasthan

----Respondent

18.D.B. Civil Writ Petition No. 11969/2021

¶162

Rajesh Kumar Meena S/o Shri Gopi Ram Meena

----Petitioner

Versus

State Of Rajasthan

----Respondent

19.D.B. Civil Writ Petition No. 11981/2021

¶168

Mohan Singh S/o Sh. Ninua Singh

----Petitioner

Versus

(9 of 12)

[CW-11986/2020]

State Of Rajasthan

----Respondent

20.D.B. Civil Writ Petition No. 3404/2022

¶176

Chandgi Ram S/o Shri Banshi Ram

----Petitioner

Versus

State Of Rajasthan

----Respondent

21.D.B. Civil Writ Petition No. 3405/2022

¶182

Rajendra Prasad S/o Sh. Kashiram

----Petitioner

Versus

State Of Rajasthan

----Respondent

22.D.B. Civil Writ Petition No. 3117/2022

¶188

Pooran Singh S/o Shri Devi Singh

----Petitioner

Versus

State Of Rajasthan

----Respondent

23.D.B. Civil Writ Petition No. 3167/2022

¶194

Vijaypal Singh S/o Shri Nawab Singh Jat

----Petitioner

Versus

State Of Rajasthan

----Respondent

24.D.B. Civil Writ Petition No. 12003/2020

¶200

Omprakash S/o Sh. Sukhdev

----Petitioner

Versus

State Of Rajasthan

----Respondent

25.D.B. Civil Writ Petition No. 3334/2022

¶206

Jairam S/o Shri Saluram

----Petitioner

Versus

(10 of 12)

[CW-11986/2020]

State Of Rajasthan

----Respondent

26.D.B. Civil Writ Petition No. 8405/2020

¶214

Ramesh Kumar S/o Sh. Mangilal

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Ramit Pareek For Respondent(s) : Mr. Rajesh Maharshi, AAG

¶220

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

¶221

Order

¶222

24/02/2022

¶223

In these petitions the challenge is made 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:-

¶224

“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.

¶225

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

¶226

(11 of 12)

¶227

[CW-11986/2020]

¶228

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.

¶229

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.

¶230

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.

¶231

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.

¶232

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

¶233

(12 of 12)

¶234

[CW-11986/2020]

¶235

petitioners survive, it would be open for them to file fresh petitions.

¶236

(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.

¶237

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

¶238

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.

¶239

All pending applications are also disposed of.”

¶240

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

¶241

apply in these cases.

¶242

The petitions stand disposed of accordingly. Pending applications, if any, also stand disposed of.

¶243

(SUDESH BANSAL),J (AKIL KURESHI),CJ

¶244

KAMLESH KUMAR /107 to 127, 5, 6, 66, C-1 & 2