Disposed

Nandlal Sharma v. State of Rajasthan

Rajasthan HC3 Feb 2022CW/423/2020

Case brief

AI extract

What is this about?

This joint bench order disposed of multiple writ petitions challenging a government notification dated 30.10.2017. The Court held that the directions issued by this Court in Santosh Sharma regarding reconsideration and suspension of recovery also apply to the present petitions.

What did the court decide?

The petitions are disposed of, and the directions issued in Santosh Sharma are applied to the present cases.

Nandlal Sharma Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

¶2

JODHPUR

¶3

D.B. Civil Writ Petition No. 12103/2020

¶4

Laxman Ram S/o Shri Roopa Ram, Aged About 45 Years, Resident Of Village And Post Pachpadra, District Barmer.

¶5

Gishu Lal S/o Shri Bhera Ram, Aged About 58 Years, Resident Of Pachpadra City, District Barmer.

¶6

Narsingh S/o Shri Chimna Ram, Aged About 57 Years, Resident Of Village Kanana, District Barmer.

¶7

Nimbaram S/o Shri Kana Ram, Aged About 55 Years, Resident Of Village Charlai Kalan, Post Sarwadi, District Barmer.

¶8

Rama Ram S/o Shri Tila Ram, Aged About 52 Years, Resident Of Village And Post Balaujari Via Kalyanpur, District Barmer.

¶9

Basant Prasad S/o Shri Bala Ram, Aged About 56 Years, Resident Of Village And Post Pachpadra, District Barmer.

¶10

Sumer Singh Rajput S/o Shri Jugat Singh, Aged About 54 Years, Resident Of Tehsil Pachpadra, District Barmer.

¶11

Shera Ram S/o Shri Pachana Ram, Aged About 53 Years, Resident Of Tehsil Pachpadra, District Barmer.

¶12

Mala Ram S/o Shri Shankar Lal, Aged About 49 Years, Resident Of Tehsil Pachpadra, District Barmer.

¶13

Gopal Ram Paliwal S/o Shri Dhanraj, Aged About 46 Years, Resident Of Village And Post Ramseen, District Barmer.

¶14

Bhanwar Lal S/o Shri Nimbaram, Aged About 55 Years, Resident Of Village Dhunda, Post Gypsum Mines, Arlai, District Barmer.

¶15

Babu Ram S/o Shri Rana Ram, Aged About 46 Years, Resident Of Village Dairiyan, District Barmer.

¶16

Ghanshyam S/o Shri Mota Ram, Aged About 45 Years, Resident Of Village And Post Ghadwi Nadi, Tehsil Pachpadra, District Barmer.

¶17

Prema Ram S/o Shri Bhana Ram, Aged About 45 Years, Resident Of Village Binawas, District Jodhpur.

¶18

Moola Ram S/o Shri Hema Ram, Aged About 56 Years, Resident Of Village And Post Chokhla, District Barmer.

¶19

Pukhraj S/o Shri Phusha Ram, Aged About 57 Years,

¶20

(2 of 8)

¶21

[CW-12103/2020]

¶22

Resident Of Village And Post Kawas, District Barmer.

¶23

Bhoma Ram S/o Shri Pabu Ram, Aged About 55 Years, Resident Of Village And Post Umarlai, District Barmer.

¶24

Balwanta Ram S/o Shri Jawara Ram, Aged About 56 Years, Resident Of Post Kudi, Tehsil Pachpadra, District Barmer.

¶25

Madan Singh S/o Shri Rawat Singh, Aged About 56 Years, Resident Of Village Subhash Colony, New Pali Road, Jodhpur.

¶26

Bhanwar Lal Mali S/o Shri Dungara Ram, Aged About 53 Years, Resident Of Tehsil Pachpadra, District Barmer.

¶27

Bagta Ram S/o Shri Babu Ram, Aged About 55 Years, Resident Of Village Buchkalan, Tehsil Pipar, District Jodhpur.

¶28

Padam Singh Rathore S/o Shri Binjraj Singh, Aged About 54 Years, Resident Of Village And Post Chandeshara, District Barmer.

¶29

Ramlal S/o Late Shri Teja Ram, Aged About 58 Years, Resident Of Tehsil Pachpadra, District Barmer.

¶30

Madaram S/o Shri Veera Ram, Aged About 57 Years, Resident Of Village And Post Sarana, District Barmer.

¶31

Mohan Lal S/o Shri Hastimal, Aged About 58 Years, Resident Of Tehsil Pachpadra, District Barmer.

¶32

Narayan Ram S/o Shri Chunnilal, Aged About 54 Years, Resident Of Village Rewada, Post Newai, Tehsil Pachpadra, District Barmer.

¶33

Suryaprakash S/o Shri Kamal Kishore Sharma, Aged About 50 Years, Resident Of 2/443, Housing Board, Balotra, District Barmer.

¶34

Khim Singh S/o Shri Bhoor Singh, Aged About 59 Years, Resident Of Village Madiyawas, Post Kudi, , Tehsil Pachpadra, District Barmer.

¶35

Manak Das S/o Shri Bhoor Das, Aged About 50 Years, Resident Of Village And Post Sarwadi, Tehsil Pachpadra, District Barmer.

¶36

Narayan Ram S/o Shri Jawara Ram, Aged About 49 Years, Resident Of Village Madli, Tehsil Pachpadra, District Barmer.

¶37

Jiya Ram S/o Shri Kheraj Ram, Aged About 50 Years,

¶38

(3 of 8)

¶39

[CW-12103/2020]

¶40

Resident Of Village And Post Sajiyali, Tehsil Pachpadra, District Barmer.

¶41

Pura Ram S/o Shri Moola Ram, Aged About 50 Years, Resident Of Village And Post Kalwea, Tehsil Pachpadra, District Barmer.

¶42

Gorkha Ram S/o Shri Kana Ram, Aged About 55 Years, Resident Of Village And Post Sajiyali, Tehsil Pachpadra, District Barmer.

¶43

Kheta Ram S/o Shri Gorkha Ram, Aged About 54 Years, Resident Of Village Pantasar, Post Bagawas, Via Kalyanpur, District Barmer.

¶44

Madan Singh S/o Shri Raan Singh, Aged About 55 Years, Resident Of Village Tehsil Pachpadra, District Barmer.

¶45

Jogpuri Swami S/o Sh. Poonampuri, Aged About 55 Years, Resident Of Village Mukam Post Sindhari, Tehsil Gudamalani, District Barmer.

¶46

Puran Dan S/o Shri Devi Dan Charan, Aged About 57 Years, Resident Of Mukam Post Sindhari, Tehsil Gudamalani, District Barmer.

¶47

Babu Lal Bhati S/o Shri Roopa Ram, Aged About 58 Years, Resident Of Mukam Post Sindhari, Tehsil Gudamalani, District Barmer.

¶48

Shyam Sundar S/o Shri Bajrang Das, Aged About 57 Years, Resident Of Siwana, Mokalsar, District Barmer.

¶49

Hindu Ram S/o Shri Tikma Ram, Aged About 56 Years, Resident Of Mukam Post Sandya, Tehsil Sindhari, District Barmer.

¶50

Mangla Ram S/o Shri Choga Ji, Aged About 51 Years, Resident Of Mukam Post Sindhari, District Barmer.

¶51

Narsingha Ram S/o Shri Nawla Ram Choudhary, Aged About 56 Years, Resident Of Tehsil Gudamalani, District Barmer.

¶52

Natha Ram Choudhary S/o Shri Bhera Ram, Aged About 58 Years, Resident Of Mukam Post Hodu, P.s. Sindhari, District Barmer.

¶53

Narayan Lal S/o Shri Chhoga Lal, Aged About 57 Years, Resident Of P.s. Sindhari, District Barmer.

¶54

Sukha Ram Machi S/o Shri Bansha Ram, Aged About 59 Years, Resident Of P.s. Sindhari, District Barmer.

¶55

(4 of 8)

¶56

[CW-12103/2020]

¶57

Deva Ram S/o Shri Bhera Ram, Aged About 58 Years, Resident Of Village And Post Rohila, Tehsil Gudamalani, District Barmer.

¶58

Kamlesh Kumar Vishnoi S/o Shri Chutra Ram, Aged About 55 Years, Resident Of Village And Post Khari Via Dhorimanna, District Barmer.

¶59

Bhajana Ram S/o Shri Karna Ram, Aged About 53 Years, Resident Of Post Dhorimanna, Tehsil Gudamalani, District Barmer.

¶60

Mangilal S/o Shri Gopi Ram, Aged About 55 Years, Resident Village And Post Dhorimanna, District Barmer.

¶61

Prakash Chand Pareek S/o Shri Madan Lal, Aged About 54 Years, Resident Village And Post Dudhu, P.s. Dhorimanna, District Barmer.

¶62

Khema Ram Choudhary S/o Shri Dungara Ram, Aged About 56 Years, Resident Of Village And Post Dudhu, P.s. Dhorimanna, District Barmer.

¶63

Hema Ram Saran S/o Shri Narna Ram, Aged About 54 Years, Resident Of Village And Post Dudhu, P.s. Dhorimanna, District Barmer.

¶64

Khiya Ram S/o Shri Mooal Ram, Aged About 54 Years, Resident Of Village And Post Goliya, District Barmer.

¶65

Bhalla Ram S/o Shri Punma Ram, Aged About 58 Years, Resident Of Village And Post Mithra Khud, P.s. Dhorimanna, District Barmer.

¶66

Narendra Kumar S/o Shri Kumbha Ram, Aged About 51 Years, Resident Of Village Budhe Ka Talab, Bhalisar, Tehsil Dhorimanna, District Barmer.

¶67

Banshidhar S/o Shri Bhoor Chand, Aged About 57 Years, Resident Of Shastri Nagar, Barmer.

¶68

Mangilal S/o Shri Malla Ram, Aged About 56 Years, Resident Of Ward No. 28, Shastri Nagar, Barmer.

¶69

Tara Ram S/o Shri Mohan Lal, Aged About 52 Years, Resident Of Berioyan Ka Bas, Tehsil And District Barmer.

¶70

Babulal S/o Shri Sona Ram, Aged About 53 Years, Resident Of Nehru Nagar, Barmer.

¶71

Heer Singh S/o Shri Rawat Singh, Aged About 57 Years, Resident Of Berioyan Ka Bas, Ram Colony, Barmer.

¶72

Ganpat Kumar S/o Shri Dev Dutt Chhangani, Aged About

¶73

(5 of 8)

¶74

[CW-12103/2020]

¶75

53 Years, Resident Of Sardarpura, Roy Colony, Barmer.

¶76

Mohabatta Ram S/o Shri Peera Ram, Aged About 56 Years, Resident Of Village And Post Maukha, Tehsil And District Barmer.

¶77

Jhaman Das S/o Shri Kripal Das, Aged About 55 Years, Resident Of Berioyan Ka Bas, Barmer.

¶78

Dalu Ram S/o Shri Bharu Ram, Aged About 50 Years, Resident Of Village And Post Harsani, District Barmer.

¶79

Thakra Ram S/o Shri Bhikha Ram, Aged About 57 Years, Resident Of Village Dholka, Post Jaliya, Tehsil And District Barmer.

¶80

Banka Ram S/o Shri Raju Ram, Aged About 58 Years, Resident Of Village And Post Kapurdi, District Barmer.

¶81

Sewa Ram S/o Shri Rawata Ram, Aged About 55 Years, Resident Of Village Dholka, Post Jaliya, District Barmer.

¶82

Moola Ram S/o Shri Gena Ram, Aged About 56 Years, Resident Of Village And Post Bhimda, Tehsil And District Barmer.

¶83

Sagara Ram S/o Shri Pokra Ram, Aged About 54 Years, Resident Of Village And Post Bhimda, District Barmer.

¶84

Bhera Ram S/o Shri Raju Ram Choudhary, Aged About 57 Years, Resident Of Village Bhimanda, Barmer.

¶85

Lumba Ram S/o Shri Gumna Ram, Aged About 53 Years, Resident Of Tehsil Baytu, District Barmer.

¶86

Teja Ram S/o Shri Ajita Ram, Aged About 52 Years, Resident Of Post Aareg, Tehsil Shiv, District Barmer.

¶87

Megha Ram S/o Shri Mahesha Ram, Aged About 53 Years, Resident Of Hapon Ki Dhani, Tehsil And District Barmer.

¶88

Gemra Ram S/o Shri Bhana Ram, Aged About 58 Years, Resident Of Village And Post Katarla, District Barmer.

¶89

Chandan Singh S/o Shri Jugat Singh, Aged About 52 Years, Resident Of Village And Post Madkha, District Barmer.

¶90

Ugram Ram S/o Shri Maru Ram, Aged About 54 Years, Resident Of Village And Post Jaliya, Barmer.

¶91

Bhiya Ram S/o Shri Padma Ram, Aged About 58 Years, Resident Of Village And Post Bayatu, Barmer.

¶92

Surja Ram S/o Shri Shivraj, Aged About 57 Years, Resident Of Village Luni, District Jodhpur.

¶93

(6 of 8)

¶94

[CW-12103/2020]

¶95

Dolla Ram S/o Shri Bhema Ram Meghwal, Aged About 53 Years, Resident Of Village And Post Aareg, Tehsil Shiv, District Barmer.

¶96

----Petitioners

¶97

Versus

¶98

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

¶99

Secretary, Public Health And Engineering Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶100

Chief Engineer (Admn.), Public Health And Engineering Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶101

Executive Engineer, Public Health And Engineering Department, Balotra, Dist. Barmer.

¶102

----Respondents

¶103

Connected With

¶104

D.B. Civil Writ Petition No. 401/2020

¶105

Suresh Kumar Agarwal S/o Shri Ramniwas Agarwal, Aged About 61 Years, Resident Of Ward No. 34, Near Babosa Mandir, Churu.

¶106

----Petitioner

¶107

Versus

¶108

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

¶109

Secretary, Public Health And Engineering Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶110

Chief Engineer, Public Health And Engineering Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶111

Joint Director, Pension And Pensioner Welfare Department, Government Of Rajasthan, Bikaner.

¶112

----Respondents

¶113

D.B. Civil Writ Petition No. 423/2020

¶114

Nandlal Sharma S/o Shri Jodhraj Sharma, Aged About 61 Years, Resident Of Village Rampura, Post Rampura Bas, Tehsil And District Churu.

----Petitioner

(7 of 8)

[CW-12103/2020]

Versus

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

¶120

Secretary, Public Health And Engineering Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶121

Chief Engineer, Public Health And Engineering Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶122

Joint Director, Pension And Pensioner Welfare Department, Government Of Rajasthan, Bikaner.

¶123

----Respondents

¶124

For Petitioner(s)	: Mr. Manoj Bohra
through V.C.
For Respondent(s)	: Mr. Sandeep Shah, AAG assisted by
through V.C.	Mr. Abhimanyu Singh Rathore

¶125

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶126

Order

¶127

03/02/2022

¶128

The petitioners have challenged the Government notification dated 30th October, 2017. This notification has been examined by this Court in the case of Santosh Sharma Vs. State of

¶129

Rajasthan (D.B. Civil Writ Petition No. 5920/2021, decided

¶130

on 25.11.2021) and following directions have been issued:-

¶131

“(i) Let the Government reconsider the entire issue as is stated before us. Final decision preferably may be taken by 28th February,2022.

¶132

(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.

¶133

(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.

¶134

(8 of 8)

¶135

[CW-12103/2020]

¶136

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

¶137

These directions will apply in the present cases also.

¶138

The petitions are disposed of accordingly.

¶139

(MADAN GOPAL VYAS),J

¶140

(AKIL KURESHI),CJ

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Nandlal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nandlal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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