BAL CHAND SHARMA S/O GAJANAND v. STATE OF RAJASTHAN
CW/5345/2025 · 2025-04-30
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11218 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11218 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:18166] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5345/2025
1. Bal Chand Sharma S/o Gajanand, Aged About 73 Years, R/o 1- Tha-22, Teachers Colony, Keshavpura, Kota, Rajasthan.
2. Shyam Sunder Sharma S/o Shri Purushottam Lal Sharma, Aged About 72 Years, R/o A-13, Bajrang Vihar, Borkheda, Kota, Rajasthan.
3. Omprakash Jain S/o Shri Babulal Jain, C/o Shyam Sunder Sharma R/o A-13, Bajrang Vihar, Borkheda, Kota, Rajasthan.
4. Krishan Murari Sharma S/o Shri Bajrang Lal Sharma, C/o Shyam Sunder Sharma R/o A-13, Bajrang Vihar, Borkheda, Kota, Rajasthan.
5. Bhanwar Singh Kelwa S/o Shri Ratan Singh Kelwa, C/o Shyam Sunder Sharma R/o A-13, Bajrang Vihar, Borkheda, Kota, Rajasthan.
6. Chhotu Lal Mali S/o Shri Mangi Lal Mali, C/o Shyam Sunder Sharma R/o A-13, Bajrang Vihar, Borkheda, Kota, Rajasthan.
7. Radheyshyam S/o G. Bihar, C/o Shyam Sunder Sharma R/o A- 13, Bajrang Vihar, Borkheda, Kota, Rajasthan.
8. Raghuveer Prasad S/o Saleriya, C/o Shyam Sunder Sharma R/o A-13, Bajrang Vihar, Borkheda, Kota, Rajasthan.
9. Umesh Chand Pandey S/o Shri Omkar Nath Pandey, C/o Shyam Sunder Sharma R/o A-13, Bajrang Vihar, Borkheda, Kota, Rajasthan.
10. Manjubala Pandey W/o Umesh Chand Pandey, C/o Shyam Sunder Sharma R/o A-13, Bajrang Vihar, Borkheda, Kota, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Chief Secretary, Govt. Scretariat, Rajasthan, Jaipur.
2. Additional Chief Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur.
3. The Secretary, Department Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur.
4. Pension And Pensioners Welfare Department, Government Of Rajasthan, Through The Director, Jyoti Nagar, Jaipur 302015. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : Mr. Sandeep Taneja, AAG Mr. Prakhar Jain for Mr. Archit Bohra, AGC
[2025:RJ-JP:18166] (2 of 3) [CW-5345/2025] HON'BLE MR. JUSTICE SUDESH BANSAL
Order 30/04/2025
1. With consent of counsel for respective parties, the writ petition has been heard finally at this stage.
2. The issue raised by petitioners in the instant writ petition is in respect of length of period, to restore their full pension, which Government has decided 14 years whereas according to petitioners, same should be reduced to 10.5 years.
3. Counsel for petitioners, at the outset, pointed out that in
order to consider the issue involved herein, the Hon’ble Division Bench of this High Court in bunch of writ petitions being lead case D.B. Civil Writ Petition No. 17484/2024 titled as Rajasthan Sevanirat Police Kalyan Sansthan Vs. State of Rajasthan, has opined that the State may constitute a Committee of Experts to examine the issue. For ready reference, the relevant portion of
judgment reads as under:-
“6. Taking into consideration the nature of exercise required to be undertaken which involves financial implications also, the State may constitute a Committee of Experts which shall examine the grievance of the pensioners-petitioners. The Committee may submit its recommendations to the State and it will be open for the State to take such decisions as it considers appropriate in the matters.
7. Taking into consideration that grievance has been raised by those who are retired employees, the Committee shall endeavor to submit its report within a period of six months.
8. The writ petitions are disposed off accordingly with liberty to file fresh petition in case grievance is not redressed.”
[2025:RJ-JP:18166] (3 of 3) [CW-5345/2025]
4. Counsel for petitioners has confined his prayer to consider the case of petitioners by the Committee so constituted by the State Government in compliance of the order passed by the Division Bench.
5. Learned Additional Advocate General appearing on behalf of State, submits that the Committee obviously shall take into
consideration the issue in rem in respect of all Government employees and filing of fresh petitions by the other Government servants individually is not at all required.
6. Be that as it may, in view of the fact that the Division Bench in case of Rajasthan Sevanirat Police Kalyan Sansthan (supra) has already issued directions to the State Government to constitute a Committee to consider the issue and the State shall take a decision, according to the recommendations of Committee, this Court is not required to pass any further directions in this writ petition and petitioners are at liberty to make their representation before the respondents/ Committee, if has been constituted, if so desired.
7. With aforesaid observations, instant writ petition stands
disposed of.
8. Stay application and any other pending application, if any, stand disposed of.
(SUDESH BANSAL),J NITIN /28