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2025 DAILYLAW 43875 (RAJ)

SHREEDHAR GURJAR S/O SHRI SEDU RAM GURJAR v. STATE OF RAJASTHAN

CW/7497/2020 · 2025-12-17

Ashok Kumar Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:51353] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7497/2020 1. Shreedhar Gurjar S/o Shri Sedu Ram Gurjar, Aged About 64 Years, R/o Village And Post Dwarapur, Tehsil Thanagazi, Distt.alwar. (Retired On 31.5.2016 From The Post Of Gram Sevak Cum Secretary, Panchayat Samiti, Thanagazi, Distt. Alwar) 2. Babu Lal Swami S/o Shri Banwari Lal Swami, Aged About 65 Years, R/o Village And Post Virat Nagar, Ward No. 17, Distt. Jaipur. (Retired On 31.3.2015 From The Post Of Gram Sevak Cum Secretary, Panchayat Samiti, Thanagazi, Distt. Alwar) ----Petitioners Versus 1. State Of Rajasthan, Through Commissioner, Rural Development And Panchayati Raj Department, Jaipur 2. Director, Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur 3. Chief Executive Officer, Zila Parishad, Alwar 4. Block Development Officer, Panchayat Samiti, Thanagazi, Distt. Alwar 5. Director, Pension Department, Jyogi Nagar, Jaipur ----Respondents For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) : Mr. Kapil Prakash Mathur, AAG with Mr. Prateek Saxena Ms. Aditya Godara for Ms. Mahi Yadav, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/12/2025 1. Instant writ petition is preferred by petitioners with following prayer: [2025:RJ-JP:51353] (2 of 3) [CW-7497/2020] “It is, therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate writ, order or direction, the respondents may also be directed to grant the benefit of I, II and IIIrd ACP to the petitioners on completion of 9, 18 and 27 years of service from the date of their initial appointment, with all other service and retiral benefits in the ligth of the judgment passed by this Court in the case of Raj Kumar Agarwal (supra) and the arrears whereof be paid to them with interest @ 12% p.a.” 2. Learned counsel for petitioners while referring and relying upon order dated 29.08.2019 in S.B. Civil Writ Petition No.14630/2019 (Babu Lal Meena Vs. State of Rajasthan and Ors.) submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Court, on the basis of judgment in case of Raj Kumar Agrawal Vs. State of Rajasthan & Ors. passed in S.B. Civil Writ Petition No.5400/2015 decided on 12.04.2017. He further submits that instant writ petition be disposed of in accordance with aforesaid order. 3. Mr. Kapil Prakash Mathur, AAG and Mr. Aditya Godara on behalf of Ms. Mahi Yadav, AAG accepts notice. Office is directed to reflect his name as counsels for the respondents. 4. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition is disposed of in light of ratio, as laid down in Babu Lal Meena Vs. State of Rajasthan and Ors. (supra), if applicable upon facts of the case. [2025:RJ-JP:51353] (3 of 3) [CW-7497/2020] 5. The writ petition is disposed of on basis of facts as claimed by the petitioners, however, the respondents are at liberty to consider applicability of ratio in case of Raj Kumar Agrawal (supra). 6. The writ petition and misc. application, if any, stand disposed of. (ASHOK KUMAR JAIN),J MR/162