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[2025:RJ-JP:49876] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18539/2025
1. Ramniwas S/o Shri Laduram, Aged About 58 Years, R/o Jawahar Nagar Kachchi Basti, Teela No. 1 Jawahar Nagar, Jaipur Raj.
2. Sitaram S/o Shri Sohan Lal, Aged About 58 Years, R/o 602, Rishi Galav Nagar, Galta Gate Jaipur Rajasthan ----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Home (Home Guard And Civil Defence) Govt. Of Rajasthan, Secretariate, Jaipur
2. The Director General And Commandant General Of Home Guard, Directorate Of Home Gaurd, Head Quarter Govt. Of Rajasthan Jaipur Rajasthan ----Respondents For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Vinod Kumar Gupta, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 08/12/2025
1. Instant writ petition is preferred by petitioners with following prayer:
“1. It is, therefore, Humble prayed that this writ petition filed by the present petitioner may kindly be allowed and the respondent Authority may kindly be
directed to extend the Retirement aged from 58 to 60 and further the respondent Authority may kindly be directed to give the retirement Benefit to the present petitioners as per the provision of law, in the interest of justice.
[2025:RJ-JP:49876] (2 of 3) [CW-18539/2025]
2. Any other relief which this Hon’ble Court may deem fit in favour of the petitioner may also be awarded to the petitioner.”
2.
Learned counsel for petitioners while referring and relying upon order dated 07.10.2025 in S.B. Civil Writ Petition No.11085/2022 titled as Harishankar Acharya and Ors. Vs. State of Rajasthan and Anr. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court at Principal Seat, Jodhpur. He further submits that instant writ petition be
disposed of in accordance with aforesaid order.
3. Mr. Vinod Kumar Gupta, AGC, accepts notice on behalf of the respondents. Office is directed to reflect his name as counsel for the respondents.
4. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition may be disposed in light of Harishankar Acharya and Ors. Vs. State of Rajasthan and Anr. (supra).
5. Considered the grievance raised herein, the petitioners are given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to decide the representation in light of ratio laid down in case of Harishankar Acharya and Ors. Vs. State of Rajasthan and Anr. (supra) but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the order to the
[2025:RJ-JP:49876] (3 of 3) [CW-18539/2025] petitioners either by way of speed post or through E-mail, if petitioners have provided E-mail in their representation. If the petitioners are still aggrieved, they have a liberty to approach this Court with fresh petition.
6. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioners, then same benefits be extended.
7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J MR/216