Rajasthan High Court - Jaipur
Bhupendra Singh Son Of Shri Banwari Lal ... vs State Of Rajasthan on 8 February, 2022
Bench: Akil Kureshi, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 1504/2022
1. Bhupendra Singh Son Of Shri Banwari Lal Yadav, Aged
About 46 Years, Resident Of Ward No.3 Behind Agarwal
Petrol Pump Neem Ka Thana, District Sikar (Raj.) At
Present Constable No. 569, Police Station Ringus, Sikar.
2. Chhagan Lal Son Of Shri Ganga Ram, Aged About 57
Years, Resident Of Dhani Salam Singh Wali, Post Bhudoli,
Gram Panchayat Kurbada, District Sikar (Raj.) At Present
Asst. Sub. Inspector, Police Station Ringus, Sikar.
3. Ram Sawroop Son Of Late Shri Richhpal Ram, Aged About
50 Years, Resident Of Mohlla Bad Ka Khera, Neem Ka
Thana, District Sikar (Raj.) At Present Head Constable No.
253, Police Station Ringus, Sikar.
4. Ratna Ram Son Of Shri Chandra Ram, Aged About 59
Years, Resident Of Dhani Dhabasa Ki, Tan Garh Bhopji,
Tehsil Khandela, District Sikar (Raj.) At Present Head
Constable No. 698, Police Station Ringus, Sikar.
5. Kailash Chandra Son Of Late Shri Deva Ram, Aged About
46 Years, Resident Of Dhani Runjha Wali, Post Garh
Bhopji, Ps Thoi, District Sikar (Raj.) At Present Constable
No. 349, Police Station Ringus, Sikar.
6. Daya Ram Son Of Shri Shiv Pal Ram, Aged About 47
Years, Resident Of Village And Post Govindpura, Tehsil
Neem Ka Thana, District Sikar (Raj.) At Present Head
Constable No. 386, Police Station Ringus, Sikar.
7. Birdi Chand Son Of Late Shri Sanwal Ram, Aged About 43
Years, Resident Of Village Bagpath Nagar, Chala, Tehsil
Neem Ka Thana, District Sikar (Raj.) At Present Constable
No. 228, Police Station Ringus, Sikar.
8. Sanwat Ram Son Of Moola Ram, Aged About 47 Years,
Resident Of Raj Nagar, Tehsil Neem Ka Thana, District
Sikar (Raj.) At Present Constable No. 226, C.o. Office,
Ringus, Sikar.
9. Santra Bajiya Wife Of Shri Mukesh Kumar, Resident Of Vil-
lage Jhupa Chak, Khatundra, Post Sola, Tehsil Khandela,
District Sikar (Raj.) At Present Mahila Constable No.
1454, C.o. Office, Ringus, Sikar.
10. Kailash Chand Son Of Shri Harnath Singh, Aged About 46
(Downloaded on 11/02/2022 at 09:21:29 PM)
(2 of 7) [CW-1504/2022]
Years, Resident Of Dhani Manika Wali, Tan Kurbada, Tehsil
Neem Ka Thana, District Sikar (Raj.) At Present Head
Constable No. 503, Addl. S.p. Office, Neem Ka Thana,
Sikar.
11. Sumer Singh Son Of Shri Hansa Ram, Resident Of Kudiyo
Ki Dhani, Post Pachlangi, Tehsil Udaipurwati, District
Jhunjhunu (Raj.) At Present Constable No. 541, Police
Station Thoi, Sikar.
12. Madan Lal Son Of Shri Ram Kunwar, Resident Of Village
Pratap Pura, Post Neemki, Via Kanwat, Tehsil Khandela,
District Sikar (Raj.) At Present Constable No. 809, C.o.
Office, Ringus, Sikar.
13. Mohan Lal Son Of Late Shri Durga Lal, Resident Of Village
Dhigpur, Via Bye, Tehsil Danta Ramgarh District Sikar
(Raj.) At Present Constable No. 1120, C.o. Office, Ringus,
Sikar.
14. Bholu Ram Son Of Shri Nagar Mal, Aged About 46 Years,
Resident Of Village Dhani Paunda, Tan Bawdi, Tehsil
Ringus, District Sikar (Raj.) At Present Constable Driver
No. 165, Police Station Thoi, Sikar.
15. Babu Lal Yadav Son Of Shri Balu Ram Yadav, Aged About
42 Years, Resident Of Village Kurbada, Tehsil Neem Ka
Thana, District Sikar (Raj.) At Present Constable No. 969,
Police Station Khatu Shyam Ji, Sikar.
16. Neki Ram Son Of Shri Mangu Ram, Aged About 50 Years,
Resident Of Village Dadiya Rampura Tehsil Ringus, District
Sikar (Raj.) At Present Head Constable No. 15, Police Sta-
tion Khandela, Sikar.
17. Shyochand Son Of Shri Kajod Mal, Aged About 42 Years,
Resident Of Dhani Hanuman Sagar, Tan Khedi, Post Jajod,
Tehsil Khandela, District Sikar (Raj.) At Present Constable
No. 486, Police Station Khandela, Sikar.
18. Rajesh Kumar Son Of Shri Hari Singh, Aged About 43
Years, Resident Of Dhani Mangawali, Tan Bagariyawas,
Tehsil Shri Madhopur, District Sikar (Raj.) At Present Con-
stable No. 433, Police Station Khandela, Sikar.
19. Banwari Lal Son Of Shri Jagdish Parsad, Aged About 47
Years, Resident Of Dhani Hardas Wali, Tan Mau, Tehsil
Shri Madhopur, District Sikar (Raj.) At Present Head Con-
stable No. 927, Police Station Khandela, Sikar.
(Downloaded on 11/02/2022 at 09:21:29 PM)
(3 of 7) [CW-1504/2022]
20. Nanu Singh Son Of Shri Partu Ram, Aged About 52 Years,
Resident Of Dhani Teela Wali, Tehsil Ringus, District Sikar
(Raj.) At Present Head Constable No. 522, Police Station
Khandela, Sikar.
21. Jhabar Mal Son Of Shri Ram Nath, Aged About 45 Years,
Resident Of Village Dera Wali, Tehsil Shri Madhopur, Dis-
trict Sikar (Raj.) At Present Head Constable No. 743, Po-
lice Station Khandela, Sikar.
22. Rajendra Singh Son Of Shri Mangu Ram, Aged About 43
Years, Resident Of Dhani Gopi Nath Ji, Tehsil Shri Mad-
hopur, District Sikar (Raj.) At Present Head Constable No.
12, Police Station Khandela, Sikar.
23. Ruda Ram Son Of Shri Ganpat Ram, Aged About 47 Years,
Resident Of Village Jairampura, Tehsil Shri Madhopur, Dis-
trict Sikar (Raj.) At Present Head Constable No. 128, Po-
lice Station Khandela, Sikar.
24. Smt. Santosh Wife Of Shri Girdhari Lal, Aged About 36
Years, Resident Of Ward No. 24, Bheruji Mod, Ringus, Dis-
trict Sikar (Raj.) At Present Mahila Constable No. 1470,
Police Station Khandela, Sikar.
25. Parkash Chand Son Of Shri Moola Ram, Aged About 38
Years, Resident Of Swami Ki Dhani, Tan Shyam Garh,
Tehsil Ranoli, District Sikar (Raj.) At Present Constable
No. 613, Police Station Khandela, Sikar.
26. Jai Parkash Son Of Shri Sultan Singh, Aged About 33
Years, Resident Of Village Bas Bisna, Tan Bhatiwad, Tehsil
Udaipurwati, District Jhunjhunu (Raj.) At Present Consta-
ble No. 1198, Police Station Khandela, Sikar.
27. Smt. Anita Wife Of Shri Rameshwar Lal, Aged About 33
Years, Resident Of Dhani Jakhda Wali, Tan Dadiya Ram-
pura, Tehsil Ringus, District Sikar (Raj.) At Present Mahila
Constable No. 1476, Police Station Khandela, Sikar.
28. Smt. Savatri Wife Of Late Shri Pokhar Mal Choudhary,
Aged About 33 Years, Resident Of Village Tapipalya, Tehsil
Ringus, District Sikar (Raj.) At Present Mahila Constable
No. 1495, Police Station Khandela, Sikar.
29. Madan Lal Son Of Shri Onkar Das Swami, Aged About 45
Years, Resident Of Village Futala, Tehsil Shri Madhopur,
District Sikar (Raj.) At Present Constable No. 412, S.p.
Office, Sikar.
(Downloaded on 11/02/2022 at 09:21:29 PM)
(4 of 7) [CW-1504/2022]
30. Sohan Lal Son Of Shri Bhagwana Ram, Aged About 50
Years, Resident Of Teja Ki Dhani, Tan Rajas, Tehsil Lax-
man Garh, District Sikar (Raj.) At Present Head Constable
No. 668, Police Station Khandela, Sikar.
31. Ghanshyam Son Of Shri Hanuman Parsad, Aged About 38
Years, Resident Of Village Dadiya Rampura, Tehsil Ringus,
District Sikar (Raj.) At Present Constable No. 1169, Police
Station Khandela, Sikar.
32. Rakesh Kumar Son Of Shri Parhlad Ray, Aged About 40
Years, Resident Of Village Bhunwala, Thana Dhod, District
Sikar (Raj.) At Present Head Constable No. 292, Police
Station Khandela, Sikar.
33. Mahendra Singh Son Of Shri Laxman Singh Sunda, Aged
About 30 Years, Resident Of Village Madni (Manda), Tehsil
Danta Ramgarh, District Sikar (Raj.) At Present Constable
No. 1069, Police Station Khandela, Sikar.
34. Anita Choudhary Wife Of Shri Rajendra Choudhary, Aged
About 45 Years, Resident Of Village Shithal, Via Bada
Gaun, Tehsil Udaipurwati, District Jhunjhunu (Raj.) At
Present Mahila Constable No. 609, S.p. Office, Sikar.
35. Bhagirath Mal Son Of Shri Ramdev Ram, Aged About 50
Years, Resident Of Village Guda Khurd, Tehsil Peeprali,
District Sikar (Raj.) At Present Asst. Sub. Inspector, Police
Station Khandela, Sikar.
36. Hari Singh Son Of Shri Ganga Ram, Aged About 48 Years,
Village Hamirpura Khurd, Post Sola, Via Jajod, Tehsil
Khandela, District Sikar (Raj.) At Present Head Constable
No. 547, C.o. Office (Traffic), Sikar.
37. Kishan Meena Son Of Shri Bodu Ram, Aged About 37
Years, Resident Of Village Ballu Pura, Via Patan, Tehsil
Neem Ka Thana, District Sikar (Raj.) At Present Constable
No. 823, Police Station Shri Madhopur, Sikar.
38. Mali Ram Son Of Shri Shyo Chand, Aged About 50 Years,
Resident Of Village Napawali, Tehsil Neem Ka Thana, Dis-
trict Sikar (Raj.) At Present Head Constable No. 657, Po-
lice Station Shri Madhopur, Sikar.
39. Mohan Lal Son Of Late Shri Banshi Dhar, Aged About 48
Years, Resident Of Dhani Tetarwalo Ki, Tan Sirohi, Tehsil
Neem Ka Thana, District Sikar (Raj.) At Present Head
Constable No. 527, Police Station Shri Madhopur, Sikar.
(Downloaded on 11/02/2022 at 09:21:29 PM)
(5 of 7) [CW-1504/2022]
40. Ram Sawroop Korana Son Of Shri Mohar Singh, Aged
About 45 Years, Resident Of Dhani Bosera, Tan Kanwar Ka
Nangal, Dabla, Tehsil Neem Ka Thana, District Sikar (Raj.)
At Present Head Constable No. 117, Police Station Shri
Madhopur, Sikar.
41. Jale Singh Son Of Shri Phool Chand, Aged About 45
Years, Resident Of Ward No. 32, Abhay Colony, Neem Ka
Thana, District Sikar (Raj.) At Present Constable No. 599,
Police Station Shri Madhopur, Sikar.
42. Sita Ram Son Of Shri Kalu Ram, Resident Of Village
Fatehpura, Post Tiwadi Ki Dhani No. 2, Tehsil Khandela,
District Sikar (Raj.) At Present Constable Driver No. 361,
C.o. Office, Ringus, Sikar.
43. Babita Kumari D/o Rajendra Prasad, Aged About 31 Years,
R/o Post Posana, Via Gudagaur Ji, Tehsil Udaipurvati, Dis-
trict Jhunjhunu, Rajasthan At Present Mahila Constable
No. 444 Addl. Sp Office Neem Ka Thana.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary Depart-
ment Of Finance, Government Of Rajasthan, Secretariat,
Jaipur (Raj.)
2. Principal Secretary Department Of Finance (Budget), Gov-
ernment Of Rajasthan, Secretariat, Jaipur (Raj.)
3. Principal Secretary Department Of Home Affairs, Govern-
ment Of Rajasthan, Secretariat, Jaipur (Rajasthan)
4. Director General Of Police, Rajasthan, Police Head Quar-
ter, Lal Kothi Jaipur (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Saini, through VC For Respondent(s) : Mr. RP Singh, AAG through VC HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL Order 08/02/2022 (Downloaded on 11/02/2022 at 09:21:29 PM) (6 of 7) [CW-1504/2022] In this petition the challenge is to the notification dated 30.10.2017 issued by the State Government by which the Ra-
jasthan Civil Services (Revised Pay) Rules 2008 came to be amended. Learned advocates for the parties agreed that the is-
sues are covered by an order dated 25.11.2021 passed in CWP No.5920/2021 in the case of Santosh Sharma and Ors. Vs. State of Rajasthan and Ors. in which the Division Bench has provided as under:-
"In these petitions, the main controversy is with respect to validity and legality of the notifi- cation dated 30th October, 2017 issued by the Government of Rajasthan, Department of Fi- nance. 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 pe- titioners of actual benefits of Assured Career Pro- gression Scheme. Since in some cases, the Gov- ernment 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 af- fected by these amendments.
Today, when this group of petitions was taken up for hearing, the learned Advocate General ten- dered an affidavit dated 25th 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 pur- pose a Committee has been constituted under or- der dated 05.08.2021. The scope of this Commit- tee involves other issues but one of them being the question of grant of ACP benefits to the Gov- ernment employees. It is stated that such Com- mittee will take into account the issues arising (Downloaded on 11/02/2022 at 09:21:29 PM) (7 of 7) [CW-1504/2022] out the amendments made by notification dated 30th October, 2017. According to the learned Ad- vocate 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 is- suing final directions, we may notice that in some of the cases of the pensioners, part or full recov- eries have already been made. These recoveries may not be retained by the State till fresh deci- sion 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 is-
sue as is stated before us. Final decision prefer- ably may be taken by 28th February, 2022.
(ii) After the decision is taken by the Govern- ment, 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 Govern- ment 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 inde- pendent petition, as may be advised subject to all objections of the Government which are kept open.
All pending applications are also disposed of."
Issues being identical the directions contained in the said or-
der dated 25.11.2021 in case of Santosh Sharma (supra) will apply in this case.
The petition stands disposed of accordingly.
(SUDESH BANSAL),J (AKIL KURESHI),CJ N.Gandhi/6 (Downloaded on 11/02/2022 at 09:21:29 PM) Powered by TCPDF (www.tcpdf.org)