Rajasthan High Court - Jodhpur
Arvind Kumar Purohit vs State Of Rajasthan on 12 December, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18650/2022
1. Arvind Kumar Purohit S/o Shri Kailash Chandra Purohit, Aged About 39 Years, R/o Mangalpura Pokaran District Jaisalmer. Presently Posted At Government Girls Upper Primary School, Eko Ki Pol, Pokaran District Jaisalmer.
2. Ravi Kant Purohit S/o Shri Rani Dan Purohit, Aged About 31 Years, R/o Mangalpura Pokaran District Jaisalmer. Presently Posted At Government Girls Upper Primary School, Eko Ki Pol, Pokaran District Jaisalmer.
3. Basant Kumar Sain S/o Shri Hukmichand Sain, Aged About 40 Years, R/o Near Garib Das Ji Ka Thikana, Pokaran District Jaisalmer. Presently Posted At Government Girls Upper Primary School, Eko Ki Pol, Pokaran District Jaisalmer.
4. Ashok Kumar S/o Shri Inchalal, Aged About 41 Years, R/o Jathavas, Pokaran District Jaisalmer. Presently Posted At Government Upper Primary School, Kk Vas, Pokaran District Jaisalmer.
5. Madan Dan S/o Shri Sumer Dan, Aged About 47 Years, R/ o Near Vyaso Ki Bagechi, Pokaran District Jaisalmer. Presently Posted At Government Upper Primary School, Kk Vas, Pokaran District Jaisalmer.
6. Jai Prakash Vyas S/o Shri Shivkrishna Vyas, Aged About 53 Years, R/o Bisso Ki Gali, Pokaran District Jaisalmer. Presently Posted At Government Senior Secondary School, Nai Mangolai, Tehsil Pokaran District Jaisalmer.
7. Roop Dan S/o Shri Lakh Dan, Aged About 47 Years, R/o Madva, Tehsil Pokaran District Jaisalmer. Presently Posted At Government Primary School, Bhil Basti No.5, Pokaran District Jaisalmer.
8. Devilal Bissa S/o Late Shri Bal Kishan Bissa, Aged About 48 Years, R/o Mangalpura Pokaran District Jaisalmer. Presently Posted At Government Primary School, Khiv Singh Ki Dhani Kelawa, Pokaran District Jaisalmer.
9. Ratan Lal Mochi S/o Shri Mohan Lal, Aged About 39 Years, R/o Mochi Street, Pokaran District Jaisalmer. Presently Posted At Government Primary School, Badli Manda, District Jaisalmer.
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10. Arun Panwar S/o Shri Shyam Sundar Panwar, Aged About 34 Years, R/o Darjiyo Ki Gali, Pokaran District Jaisalmer. Presently Posted At Government Primary School, Khaliyo Ki Dhani That, Pokaran District Jaisalmer.
11. Harun Rashid Khan S/o Shri Abdul Waheed Khan, Aged About 47 Years, R/o Ward No. 1 Pokaran District Jaisalmer. Presently Posted At Government Primary School, Amanaram Ki Dhani That, Pokaran District Jaisalmer.
12. Dinesh Kumar S/o Shri Laxmi Narayan, Aged About 32 Years, R/o Dadu Ugras, Tehsil Phalodi, District Jodhpur. Presently Posted At Government Primary School, Viramdevra, District Jaisalmer.
13. Awdhesh Kumar Charan S/o Shri Himmat Singh Charan, Aged About 47 Years, R/o Purohito Ki Gali, Pokaran District Jaisalmer. Presently Posted At Government Primary School, Feju Khan Ki Dhani, Kelawa, District Jaisalmer.
14. Bhanwar Lal S/o Shri Rewant Ram, Aged About 35 Years, R/o Ujhla, Tehsil Pokaran District Jaisalmer. Presently Posted At Government Senior Secondary School, Biliya Maliyo Ka Bas, Pokaran District Jaisalmer.
15. Kailash Dan Charan S/o Shri Gayad Dan, Aged About 47 Years, R/o Shivaji Colony, Pokaran District Jaisalmer. Presently Posted At Mahatma Gandhi Government School, No. 1, Pokaran District Jaisalmer.
16. Kailash Chand Gahlot S/o Shri Gauri Shankar Gahlot, Aged About 41 Years, R/o Near Vyaso Ki Bagechi, Pokaran District Jaisalmer. Presently Posted At Government Senior Secondary School, Kelawa, District Jaisalmer.
17. Dana Ram S/o Shri Bhera Ram, Aged About 40 Years, R/o Tehsil Bhaniyana, District Jaisalmer. Presently Posted At Government Senior Secondary School, Chowk, District Jaisalmer.
18. Oma Ram S/o Shri Teja Ram, Aged About 42 Years, R/o Jalariya, Tehsil Pokaran District Jaisalmer. Presently Posted At Government Primary School, Pratap Pura Chowk, Tehsil Pokaran District Jaisalmer.
19. Jaipal S/o Shri Rai Sahab, Aged About 40 Years, R/o Lakhuwali District Hanumangarh. Presently Posted At Government Senior Secondary School, Lakhuwali, (Downloaded on 12/12/2022 at 11:59:30 PM) (3 of 5) [CW-18650/2022] Hanumangarh (Rajasthan).
20. Jagdish Gehlot S/o Shri Tara Chand, Aged About 44 Years, R/o Near Telephone Exchange, Pokaran, District Jaisalmer. Presently Posted At Government Girls Senior Secondary School, Pokaran District Jaisalmer.
21. Laxmi Parihar D/o Shri Mangi Lal, Aged About 37 Years, R/o Near Telephone Exchange, Pokaran, District Jaisalmer. Presently Posted At Government Upper Primary School, Mohro Ki Dhani, District Jaisalmer.
22. Kanta Parihar D/o Shri Narayan Das, Aged About 34 Years, R/o Near Telephone Exchange, Pokaran, District Jaisalmer. Presently Posted At Government Upper Primary School, Purohitsar, District Jaisalmer.
23. Chain Singh Tanwar S/o Shri Malam Singh Tanwar, Aged About 47 Years, R/o Ramdevra, Tesil Pokaran, District Jaisalmer. Presently Posted At Government Senior Secondary School, Ekan, District Jaisalmer.
24. Mahendra Kumar Goyal S/o Shri Rameshwar Goyal, Aged About 47 Years, R/o Darjiyo Ki Gali, Pokaran, District Jaisalmer. Presently Presently Posted At Government Senior Secondary School, Ekan, District Jaisalmer.
----Petitioners Versus
1. State Of Rajasthan, Through Its Secretary, Department Of Finance, Government Of Rajasthan, Jaipur, Rajasthan.
2. The Secretary, Finance (Budget), Department Of Finance, Jaipur Rajasthan.
3. The Joint Secretary Finance (Rules), Department Of Finance, Jaipur Rajasthan.
4. The Director, Directorate Of State Insurance And Provident Fund Department, Jaipur Rajasthan.
5. The Director, Secondary Education, Bikaner, Rajasthan.
6. The Director, Elementary Education, Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Rahul Vyas
For Respondent(s) :
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JUSTICE DINESH MEHTA
Order
12/12/2022
1. Mr. Rahul Vyas, learned counsel for the petitioners submits that Jaipur Bench of this Court has passed following order in writ petition involving identical controversy in Jagdish Saini & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.17878/2022) dated 05.12.2022:-
"Learned counsel for the petitioners submits that they have withdrawn certain amount from the amount deposited by them under the new pension scheme upto the limit prescribed and for the reasons specified by the Pension Fund Regulatory and Development Authority; but, acting in highly illegal and discriminatory manner, the State Government has issued direction for recovery of the amount withdrawn by the employees under the NPS scheme post 01.04.2022 to 28.08.2022. He submits that no recovery has been ordered for the withdrawal pre 01.04.2022. He submits that in S.B. Civil Writ Petition No.16870/2022: Sunil Kumar Vs. State Of Rajasthan involving identical controversy, this Court, vide its order dated 17.11.2022, passed an interim order and prays for similar relief.
Issue notice of the writ petition as well as of stay application. Rule is made returnable by five weeks. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week.
Heard learned counsel for the petitioners on interim relief.
Taking into consideration the contentions advanced by him, the material on record and order of this Court dated 17.11.2022 in case of Sunil Kumar (supra), this Court deems it just and proper to stay the recovery of the amount withdrawn by the petitioners in accordance with NPS scheme, till further orders.
List along with S.B. Civil Writ Petition No.16870/2022."
2. Hence, issue notice. Issue notice of the stay application also, returnable within six weeks.
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3. Meanwhile, recovery of the amount from the petitioners pursuant to the circular dated 06.09.2022 and office order dated 28.09.2022 (Annexure-5) shall remain stayed.
4. Regardless of the pendency of the present petition and interim order passed by this Court, the State shall consider petitioners' option to be covered by the Old Pension Scheme.
(DINESH MEHTA),J 204-Arvind/-
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