Disposed

Ram Kumar, S/O Shri Bhagwana Ram v. State of Rajasthan

Rajasthan HC15 Mar 2024CW/3919/2024

Case brief

AI extract

What is this about?

Retired Public Health Engineering Department employees sought pensionary benefits on parity with Ramesh Chander Gupta. Court held the issue was covered and that salary/pension claims have recurring cause of action, disposing of the petition with liberty to file a representation to be decided within 60 days.

What did the court decide?

Petitioners may file a representation within 10 days; authority to decide within 60 days per natural justice and applicable law.

Ram Kumar, S/O Shri Bhagwana Ram Vs State… — Pension and Retirement Benefits | Rajasthan HC (2024)

¶1

[2024:RJ-JP:13018]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 3919/2024

¶4

Ram Kumar, S/o Shri Bhagwana Ram, Aged About 61 Years, R/o Village Khoru, Post Ghassu Madhopura Tehsil Laxmangarh District Sikar Rajasthan, Retired On 30.06.2022 From The Post Of Store Munshi At O/o Asistant Engineer, Public Health Engineering Department, City Sub Division Fatehpur (Sikar) Rajasthan

¶5

Shiv Ratan Sharma, S/o Shri Vasudev Sharma, Aged About 63 Years, R/o Tabla Market, Khatuo Ka Mohalla, Ward No.33, Sikar Rajasthan, Retired On 30.06.2020 From The Post Of Pump Operator Grade Ii, At O/o Asistant Engineer, Public Health Engineering Department, Rural Sub Division Ist Fatehpur (Sikar) Rajasthan.

¶6

Bajrang Singh Rathore, S/o Shri Matu Singh, Aged About 62 Years, R/o Village And Post Thathawata Tehsil Ratangarh District Churu Rajasthan, Retired On 30.06.2021 From The Post Of Store Munshi, At O/o Asistant Engineer, Public Health Engineering Department, City Sub Division Fatehpur (Sikar) Rajasthan

¶7

Subhash Chandra Shukla, S/o Shri Vidha Ram Shukla, Aged About 70 Years, R/o Ward No.36, Balu Ram Compounder Ki Gali, Near Basant Vihar, Sikar Rajasthan, Retired On 30.06.2013 From The Post Of Junior Engineer (J.en), At O/o Asistant Engineer, Public Health Engineering Department, Rural Sub Division Ist Fatehpur (Sikar) Rajasthan

¶8

----Petitioners

¶9

Versus

¶10

State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Government Secretariat, Jaipur Rajasthan

¶11

Chief Engineer (Administration), Public Health And Engineering Department, Rajasthan, Jaipur

¶12

Suprintending Engineer (S.e.), Public Health Engineering Department, Circle Sikar

¶13

Asistant Engineer, Public Health Engineering Department, City Sub Division Fatehpur (Sikar) Rajasthan

(2 of 4)

[2024:RJ-JP:13018]

[CW-3919/2024]

Asistant Engineer, Public Health Engineering Department, Rural Sub Division Fatehpur (Sikar) Rajasthan

¶18

Director, Pension Department, Jyoti Nagar, Jaipur Rajasthan

¶19

----Respondents

¶20

For Petitioner(s)	: Mr. Vijay Pathak
For Respondent(s)	: Mr. Surya Pratap Singh for
	Mr. G.S. Gill, AAG

¶21

HON'BLE MR. JUSTICE SAMEER JAIN

¶22

Order

¶23

15/03/2024

¶24

Learned counsel for the petitioners submits that the issue involved in the present matter is no more res integra in view of judgment of Division Bench of this Court in the case of Ramesh Chander Gupta vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No. 2800/2021; decided on 17.10.2023) . It is further submitted that in similar facts and circumstances, the order of the Division Bench has also been followed by Co-ordinate Bench in the case of Ramesh Chand vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 19121/2023; decided on 07.12.2023) .

¶25

Learned counsel for the respondents does not dispute the fact that the issue, as raised in the present writ petition, is similar to Ramesh Chander Gupta (supra) . However, it is contended that the petitioners have approached the Court at a belated stage.

¶26

Heard.

¶27

The fact that the issue involved is covered by Division Bench of this Court in case of Ramesh Chander Gupta (supra)

[2024:RJ-JP:13018]

[CW-3919/2024]

(3 of 4)

remains undisputed. The contention that the petitioners have approached the Court with a little delay is of no relevancy in the facts and circumstances as matters of salary and pension have a recurring cause of action, as was held by the Hon’ble Supreme Court in Rushibhai Jagdishbhai Pathak vs. Bhavnagar Municipal Corporation: 2022 (4) SLR 862 (SC) .

¶32

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 & Ors. vs. C.P. Mundinamani & Ors.: 2023 SCC OnlineSC 401 has passed the following directions:-

¶33

“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 dis-posed of.”

¶34

In light of the subsequent developments and the change in legal position, the petitioners shall be at liberty to file a detailed representation before the concerned authority within a period of 10 days, which shall be adjudicated upon by the said authority

(4 of 4)

[2024:RJ-JP:13018]

[CW-3919/2024]

within a further period of 60 days, after having effectuated compliance with the principles of natural justice and also, the law applicable.

¶39