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2025 DAILYLAW 19702 (RAJ)

ROCHISHNU PRASAD MISHRA S/O LATE SHRI SAMPOORN DUTT MISHRA v. STATE OF RAJASTHAN

CW/8001/2025 · 2025-05-23

Anand Sharma, Inderjeet Singh

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:21815-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 8001/2025 1. Rochishnu Prasad Mishra S/o Late Shri Sampoorn Dutt Mishra, Aged About 70 Years, Resident Of 307, Shiv Nagar, Circular Road, Bharatpur (Raj.). 2. Kishan Chand Gupta S/o. Shri Phool Chand Gupta, Aged About 70 Years, R/o. Near Subhash Gyan Mandir School, Mori Char Baagh, Bharatpur (Raj.). ----Petitioners Versus 1. State Of Rajasthan, Through Secretary, Finance, Government Of Rajasthan, Secretariat, Rajasthan, Jaipur- 302005. 2. The Secretary And Commissioner, Department Of Agriculture (Group-1), Pant Krishi Bhawan, Rajasthan, Jaipur. 3. The Director, Agriculture And Paden Special Secretary, Agriculture Commissioner, Rajasthan, Jaipur. 4. The Director, Department Of Pension And Pensioners Welfare, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Manish Kumar Sharma For Respondent(s) : Ms. Harshita Thakral with Ms. Dhriti Laddha on behalf of Mr. Rajendra Prasad, Advocate General HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ANAND SHARMA Order 23/05/2025 Learned counsel for the petitioner submits that issue involved in this writ petition has also been considered and decided by the Co-ordinate Bench of this Court in the matter of Rajasthan [2025:RJ-JP:21815-DB] (2 of 3) [CW-8001/2025] Sevanivrat Police Kalyan Sansthan Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.17484/2024 along with other connected matters) wherein on 05.03.2025, the following order was passed:- "1. With the consent of the parties, we are inclined to dispose off these writ petitions at this stage. 2. The grievance raised through these writ petitions essentially centers around the period within which the full pension is to be restored under the provisions contained in Rule 29 of the Rajasthan Civil Services (Commutation of Pension) Rules, 1996 (herein referred to as ‘the Rules of 1996’). Full pension is restored after a period of 14 years in case of commutation of pension under the scheme of the Rules of 1996. The period of restoration of the pension, according to the petitioners, is such that it results in financial loss and according to the petitioners, the restoration period is required to be reworked in the light of the recommendations made by Fifth Pay Commission and the decision of the Hon’ble Supreme Court in the case of “Common Cause”, A Registered Society & Ors. Vs. Union of India (1987) 1 SCC 142. 3. Learned Advocate General would submit that these are essentially matters of policy decision. He would bring to the notice of the Court the order passed by the High Court of Punjab and Haryana at Chandigarh in the case of Shila Devi & Ors Vs. State of Punjab & Ors.(Civil Writ Petition No. 9426/2023 & other connected matters decided on 27.11.2024), wherein the similar challenge was repelled. 4. Learned counsel for the petitioners would submit that at this stage, these petitions may be disposed off for consideration of the petitioners’ representations by the State with liberty to revive, in case, the grievance is not redressed. 5. Learned Advocate General would submit that if any representations are made, the State would examine the same. 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 decision 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 endeavour 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. 9. Office is directed to place a copy of this order on record of each connected petition." [2025:RJ-JP:21815-DB] (3 of 3) [CW-8001/2025] In that view of the matter, this writ petition is disposed of in view of the order passed by the Co-ordinate Bench of this Court in the matter of Rajasthan Sevanivrat Police Kalyan Sansthan (supra). (ANAND SHARMA),J (INDERJEET SINGH),J DAKSH/55