Disposed

Pushotam Das Soni v. State of Rajasthan

Rajasthan HC17 Nov 2023CW/18031/2021

Case brief

AI extract

What is this about?

This order disposes of D.B. Civil Writ Petitions filed by petitioners seeking entitlements against the State of Rajasthan. The Court relied on recent Supreme Court decisions clarifying similar legal issues, directing the State to consider claims and release payable amounts within two months.

What did the court decide?

Direction to respondents to consider petitioners' claim, pass appropriate orders, and release payable amounts within two months.

Pushotam Das Soni Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:39388-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 18031/2021

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Pushotam Das Soni S/o Shri Hari Ram, Aged About 60 Years, R/o Forest Department Office, Barmer, Rajasthan.

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Ashok Kumar Rawal S/o Jayantilal Hiralal, Aged About 64 Years, R/o 202, Satva-3, Nikol Naroda Road, Nikol Near Galaxy Bungalows, Ahmedabad, Gujarat.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Personnel, Government Of Rajasthan, Jaipur.

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The Secretary, Department Of Finance, Government Of Rajasthan, Jaipur.

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----Respondents

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Connected With

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D.B. Civil Writ Petition No. 12511/2022

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Om Prakash Chauhan S/o Shri Shiv Dayal Chauhan, Aged About 61 Years, R/o Rajinv Colony Chandawal Town Chandawal Station Sojat Dist. Pali

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Ram Prakash Choudhary S/o Shri Jai Ram Choudhary, Aged About 61 Years, R/o 32 Kailash Near University Water Tank Bhagat Ki Kothi Dist. Jodhpur

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary Deptt. Of Personnel Govt. Of Raj. Jaipur

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The Secretary, Department Of Finance Govt. Of Raj. Jaipur

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----Respondents

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For Petitioner(s) : Mr. Manish Rajpurohit

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MS. JUSTICE REKHA BORANA

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Order

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[2023:RJ-JD:39388-DB]

[CW-18031/2021]

(2 of 3)

17/11/2023

Learned counsel appearing for the petitioners submits that the controversy involved in the present writ petition stands covered by the decision rendered by this Court at Jaipur Bench in

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Ramesh Chander Gupta Vs. State of Rajasthan & Ors. : D.B.Civil Writ Petition No.2800/2021 and other connected writ petitions on 17.10.2023. The order reads as follows:

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“Mr. Yashodhar Pandey, learned counsel on behalf of Mr. Anil Mehta, learned Additional Advocate General prays for an adjournment.

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Learned counsel for the petitioners, however, brings to the notice of this Court, the order of the Hon’ble Supreme Court deciding the controversy involved in these matters.

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Similar matters were earlier taken up for consideration by this Court. One such matter i.e., D.B. Civil Writ Petition No. 5445/2022 and other connected matters (Union of India & Others Versus Manohar Lal & Others) were also disposed off vide order dated 07.08.2023.

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Therefore, we are not inclined to adjourn the matters as the issue stands settled by the Hon’ble Supreme Court. Vide order dated 25.07.2023 passed in D.B. Civil Writ Petition No.4139/2022 (The Commissioner, Kendriya Vidyalaya Sangathan & Another Versus Ram Karan Bhakar & Others), raising identical issues, this Court disposed off the petition in terms of the order passed by the Hon’ble Supreme Court in the case of The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors. Reported in (2023) SCC Online SC 401.

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It is also brought to the notice of this Court that Special Leave Petition (C) No.3420/2023 and Special Leave Petition (C) No.1001/2023 have also been disposed off on 19.05.2023. A copy of orders dated 11.04.2023 and 19.05.2023 passed by Hon’ble Supreme Court have also

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(3 of 3)

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[2023:RJ-JD:39388-DB]

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[CW-18031/2021]

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been placed on record. Therefore, the present petitions are also disposed off on the same terms with direction to the respondents to consider the claim of the petitioners and pass appropriate orders and other consequential benefits as per their entitlement. Whatever amount is found payable be also released within a period of one month.

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Accordingly, the present petitions are disposed off.”

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In light of the aforequoted order, the present petition is also disposed of on the same terms with a direction to the respondents to consider the claim of the petitioners and pass appropriate orders and other consequential benefits as per their entitlement. Whatever amount is found payable be also released in favour of the petitioners within a period of two months from today, strictly in accordance with law. All pending applications also stand disposed of.

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(REKHA BORANA),J

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(DR.PUSHPENDRA SINGH BHATI), J

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1-2 Zeeshan

Pushotam Das Soni v. State of Rajasthan

Case brief

What is this about?

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Pushotam Das Soni v. State of Rajasthan

Case brief

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