Allowed

Pawan Kumar Sharma S/O Shri Champa Lal Sharma v. State of Rajasthan

Rajasthan HC15 Dec 2023CW/19830/2023

Case brief

AI extract

What is this about?

This common order disposed of multiple connected civil writ petitions seeking pension benefits. The Bench relied on previous Division Bench and Supreme Court judgments. The Court directed the respondents to consider the petitioners' claims and pay dues within one or two months. Stay applications were also disposed of.

What did the court decide?

Directing the respondents to consider the petitioners' claims and pass appropriate orders within two months; to release the amount found payable within one month; disposing of stay applications.

Pawan Kumar Sharma S/O Shri Champa Lal… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:39932]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 19729/2023

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Bharat Bhushan Sharma S/o Ramswaroop Sharma, Aged About 60 Years, R/o Near Aradhna School, Sanjay Nagar, Bharatpur( Rajasthan)

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Santosh Kumari Sharma D/o Ghanshyam Das Sharma, Aged About 60 Years, R/o 36 Anujay Nagar, Behind Kiran Nursing Home , Govardhan Gate, Bharatpur( Rajasthan)

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Ganga Devi D/o Nannu Ram W/o Rajveer Singh, Aged About 63 Years, R/o Ram Kati, Near Bus Stand, Giriraj Colony, Nagar, Deeg ( Rajasthan)

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Mansingh Chaudhary S/o Tej Singh, Aged About 63 Years, R/o Near Aradhna School, Sanjay Nagar, Bharatpur ( Rajasthan)

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Shyam Singh S/o Nihal Singh, Aged About 64 Years, R/o 64, Shiv Nagar, Behind Agrawal Marbles , Bharatpur (Rajasthan)

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Secondary Education Department, Government Secretariat, Jaipur

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The Director, Secondary Education, Bikaner 3. Director, Directorate Of Pension And Pensioners Welfare, Rajasthan, Jaipur

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The Treasury Officer, Department Of Treasuries And Accounts, Bharatpur

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----Respondents

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For Petitioner(s)	: Mr. Manish Lawaniya Mr. Vijay Pathak Mr. Vinod Kumar Singhal Mr. Jeetendra Kumar Sharma Mr. Ravi Kant Agarwal Mr. Ashish Nagarwal Mr. Rajendra Vaish
	Mr. Rajesh Swami & Mr. Pushpendra Kumar for Mr. Rajesh Gadwal
	Mr. Waseem Akram
	Mr. Pawan Sharma
	Mr. Sandeep Garssa
	Mr. Himmat Singh Bikarwar
	Mr. Naveen Dhuwan Mr. Pradeep Bochaliya Mr.Ram Pratap Saini
	Mr. Aamir Khan

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[CW-19729/2023]

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[2023:RJ-JP:39932]		(2 of 8) [CW-1972 Mr. Sudhir Yadav Mr. Akhil Simlote
For Respondent(s)	:	Major R.P. Singh, AAG Mr. S.S. Raghav, AAG with Mr. Ajay Rajawat & Ms. Kratima Divakar Mr. Rajesh Maharshi, AAG with Mr. Udit Sharma Dr. Vibhuti Bhushan Sharma, AAG with Ms. Malti, AGC Mr. Ganesh Parihar, AAG Mr. Aditya Sharma Mr. Rupin Kala

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HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order

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15/12/2023

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Since the controversy involved in all these petitions (schedule appended) is identical, hence, same are being decided by this common order.

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Learned counsels for the parties submit that the issue involved in the present writ petitions have already been set at rest by the Division Bench judgment of this Court in case of Ramesh Chander Gupta vs. State of Rajasthan & Ors. in D.B. Civil Writ Petition No.2800/2021 and other connected matters, decided on 17.10.2023.

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In the case of Ramesh Chander Gupta (supra) , Division Bench of this Court inter-alia while referring to orders passed in Union of India & Ors. vs. Manohar Lal & Ors.: D.B. Civil Writ Petition No.5445/2022, decided on 07.08.2023 & the Commissioner, Kendriya Vidyalaya Sangathan & Anr. vs. Ram Karan Bhakar & Ors.: D.B. Civil Writ Petition No.4139/2022 as well as judgment of Hon’ble Supreme Court in the case of The Director (Admn. and HR) KPTCL &

(3 of 8)

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Ors. vs. C.P. Mundinamani & Ors.: 2023 SCC online SC 401

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has passed the following directions:-

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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 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. Accordingly, the present petitions are disposed of.”

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Learned AAG appearing for the respondents do not dispute the fact that the issue, as raised in the present writ petitions is

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similar to Ramesh Chander Gupta (supra) .

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In view of the joint statements of the learned counsels for the parties, this Court deems it just and proper to dispose of these writ petitions on the same terms and with directions to the respondents to consider the petitioners’ claim and pass appropriate orders in the light of the Division Bench judgment, as referred to above, within a period of two months.

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6.Since the main petitions have been disposed of, the stay applications and pending applications, if any, also stand disposed of.

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Registry is directed to place a copy of this order in the connected case files.

(GANESH RAM MEENA),J

DIVYA SAINI /4

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SCHEDULE

S.B. Civil Writ	Petition No.	19830/2023
Pawan Kumar Sharma	Versus	----Petitioner
State of Rajasthan S.B. Civil Writ Roopnarayan Meena	Petition No. Versus	----Respondent 18722/2023 ----Petitioner
State of Rajasthan S.B. Civil Writ	Petition No.	----Respondent 19703/2023
Idu Singh Dharoga	Versus	----Petitioner
State of Rajasthan S.B. Civil Writ	Petition No.	----Respondent 19704/2023
Ram Ratan singh		----Petitioner
	Versus
State of Rajasthan		----Respondent
S.B. Civil Writ	Petition No.	15683/2023
Narsi Lal Sharma	Versus	----Petitioner
State of Rajasthan S.B. Civil Writ Pramod Kumar Nagarwal	Petition No.	----Respondent 12595/2023 ----Petitioner
	Versus
State of Rajasthan		----Respondent
S.B. Civil Writ	Petition No.	13311/2023

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[2023:RJ-JP:39932] (5 of 8)	[CW-19729/2023]
Ramesh Chand Goyal	----Petitioner
Versus State of Rajasthan S.B. Civil Writ Petition No. Thawar Mal	----Respondent 13348/2023 ----Petitioner
Versus
State Of Rajasthan	----Respondent
S.B. Civil Writ Petition No. Jai Lal Poonia	15376/2023 ----Petitioner
Versus
State of Rajasthan S.B. Civil Writ Petition No.	----Respondent 15377/2023
Rajpal Singh Poonia Versus State of Rajasthan	…...petitioner ……….Respondent
S.B. Civil Writ Petition No.	20122/2023
Pappu Ram
	----Petitioner
Versus
State of Rajasthan
S.B. Civil Writ Petition No.	----Respondent 12175/2023
Heeralal Verma	----Petitioner
Versus
State of Raj.	----Respondent
S.B. Civil Writ Petition No.	13335/2023
Om Prakash Sharma	----Petitioner
Versus

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State of Rajasthan ----Respondent S.B. Civil Writ Petition No. 14347/2023 Nemi Chand ----Petitioner Versus State of Rajasthan ----Respondent S.B. Civil Writ Petition No. 14741/2023 Harikesh Meena ----Petitioner Versus State of Rajasthan ----Respondent S.B. Civil Writ Petition No. 14743/2023 Mohan Lal Bairwa ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 14755/2023 Sukram Bairwa ----Petitioner Versus State of Rajasthan ----Respondent S.B. Civil Writ Petition No. 12151/2023 Chhotoo Ram ----Petitioner Versus State of Raj. ----Respondent S.B. Civil Writ Petition No. 14773/2023 Mahendra Singh ----Petitioner Versus State of Rajasthan

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----Respondent S.B. Civil Writ Petition No. 15554/2023

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[2023:RJ-JP:39932] (7 of 8) [CW-19729/2023] Het Ram ----Petitioner Versus State of Rajasthan ----Respondent S.B. Civil Writ Petition No. 17264/2023 Manphool Yadav ----Petitioner Versus State of Rajasthan ----Respondent S.B. Civil Writ Petition No. 13247/2023 Ram Singh ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 13248/2023 Vishnu Sharma ----Petitioner Versus State of Rajasthan ----Respondent S.B. Civil Writ Petition No. 14734/2023 Yadram Yadav ----Petitioner Versus State of Raj. ----Respondent S.B. Civil Writ Petition No. 15298/2023 Nav Ratan Paliwal ----Petitioner Versus State of Rajasthan ----Respondent S.B. Civil Writ Petition No. 15534/2023 Pushpa Vashistha ----Petitioner

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Versus

State of Rajasthan

----Respondent