Rajasthan High Court - Jaipur
Mahesh Chand Verma S/O Shri Damaram vs The State Of Rajasthan ... on 30 October, 2023
Bench: Manindra Mohan Shrivastava, Praveer Bhatnagar
[2023:RJ-JP:31699-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 8414/2021
Mahesh Chand Verma S/o Shri Damaram, Aged About 58 Years,
R/o 28, Raigaron Ka Mohalla, Krishnapuri, Hasanpura-B, Jaipur.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Personnel Training, Government Of
Rajasthan, Secretariat, Jaipur.
2. The State Of Rajasthan, Through Principal Secretary,
Department Of Finance, Government Of Rajasthan,
Secretariat, Jaipur.
3. The State Of Rajasthan, Through Principal Secretary,
Department Of Home Affairs, Government Of Rajasthan,
Secretariat, Jaipur.
4. Director, Department Of Prosecution, Government Of
Rajasthan, Secretariat, Jaipur.
5. Assistant Director Of Prosecution, Jaipur Ii, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vikram Sharma For Respondent(s) : Mr. Udit Sharma for Mr. Rajesh Maharshi, AAG HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 30/10/2023 Heard.
Learned counsel for the parties jointly submit that this petition may be finally disposed of in the light of order dated 25.11.2021 passed in the case of Santosh Sharma Vs. State of Rajasthan in D.B. Civil Writ Petition No.5920/2021 and connected petitions.
(Downloaded on 11/11/2023 at 09:04:20 PM) [2023:RJ-JP:31699-DB] (2 of 4) [CW-8414/2021] The challenge is to notification dated 30.10.2017 issued by the State Government by which the Rajasthan Civil Services (Revised Pay) Rules, 2008 came to be amended. In the case of Santosh Sharma & Ors. Vs. State of Rajasthan & Ors. it has been held as below:-
"In these petitions, the main controversy is with respect to validity and legality of the notification dated 30th October, 2017 issued by the Government of Rajasthan, Department of Finance. Under this notification, the Rajasthan Civil Services (Revised Pay) Rules, 2008 came to be amended.
It is not necessary to go into the details of these amendments. Suffice it to note that the grievance of the petitioners is that by virtue of these amendments in the revised Pay Rules, with retrospective effect, the grade pay in several cases have been so changed as to deprive the petitioners of actual benefits of Assured Career Progression Scheme. Since in some cases, the Government has also initiated recoveries on the basis of these amendments, the petitioners had also prayed for interim protection. In some cases where recoveries have commenced, the Court has protected the petitioners. In some cases of the pensioners recoveries in part or full may have been made.
The learned Advocate General stated that such protection against non-petitioners has also been ordered in cases of those persons who are affected by these amendments.
Today, when this group of petitions was taken up for hearing, the learned Advocate General tendered an affidavit dated 25 th November 2021 filed by one Shri Mangi Lal, Officer-in-Charge of the respondents, in which it is stated that the State Government is considering all the issues with respect to the notification and for such purpose a Committee has been constituted under order dated 05.08.2021. The scope of this Committee involves other issues but one of them being the question of grant of ACP benefits to the Government employees. It is stated that such Committee will take into account the issues arising out the amendments made by notification dated 30th (Downloaded on 11/11/2023 at 09:04:20 PM) [2023:RJ-JP:31699-DB] (3 of 4) [CW-8414/2021] October, 2017. According to the learned Advocate General, this will take about three months time. Till then, no further recoveries would be made on the basis of the said notification.
In our opinion, when the Government, on its own, is considering the multiple issues arising out of the said notification, it would not be proper on our part to examine the legality and validity of the notification. We would therefore dispose of these petitions with certain directions. Before issuing final directions, we may notice that in some of the cases of the pensioners, part or full recoveries have already been made. These recoveries may not be retained by the State till fresh decision is taken, of course, subject to outcome of the decision of the Government and further order of the Court in case the controversy raises.
Under the circumstances, all these petitions are disposed of with the following directions:-
(i) Let the Government reconsider the entire issue as is stated before us. Final decision preferably may be taken by 28th February, 2022.
(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.
(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.
(iv) Recoveries already made from the pensioners would be refunded, subject to final decision of the Government, subject to further challenge.
We are informed that in some of the petitions additional issues have also been raised. None of these issues would get affected by this order. It would be open for the petitioners to file an independent petition, as may be advised subject to all objections of the Government which are kept open.
All pending applications are also disposed of." Learned counsel for the respondent would also submit that subsequently a memorandum dated 27.02.2022 came to be issued which has again modified the earlier provision. (Downloaded on 11/11/2023 at 09:04:20 PM)
[2023:RJ-JP:31699-DB] (4 of 4) [CW-8414/2021] In view of the above submission, while taking decision on petitioner's case in the light of the judgment in the case of Santosh Sharma, the authority shall also keep the subsequent memorandum dated 27.02.2022.
Accordingly, the present writ petition is disposed of. (PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J 49-SURAJ KUMAR (Downloaded on 11/11/2023 at 09:04:20 PM) Powered by TCPDF (www.tcpdf.org)