[2025:RJ-JP:49693] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18834/2025 Suresh Kumar Joshi, Son Of Shri. Narayan Prasad, Aged About 69 Years, Plot No. 5, Nav Jyoti Colony, New Shiv Badi Road, J.n.v. Bikaner, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Law And Legal Affairs Department, Government Of Rajasthan, Govt. Secretariat Jaipur 2. Rajasthan Cooperative Dairy Federation Limited, Through Its Managing Director Saras Sankul, Jln Marg, Jaipur. 3. Principal Finance Secretary, Secretariat, Rajasthan Jaipur. 4. The Director Treasury And Accounts Department, Rajasthan Jaipur 5. The Director, Department Of Pension And Pensioners Welfare Rajasthan Jaipur. ----Respondents For Petitioner(s) : Mr. Bhawani Saini and Mr. Vishwas Saini for Mr. Anurag Shukla For Respondent(s) : Ms. Pooja Sharma, AAAG and Mr. Vishal Kumar for Mr. Manoj Sharma, AAG Mr. Aaditya Godara, AAAG & Ms. Saba Naaz for Ms. Mahi Yadav, AAG Mr. Pulkit Bhardwaj for Mr. Vigyan Shah HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/12/2025 1. Instant writ petition has been filed by the petitioner with following prayers: “It is, therefore, humbly and most respectfully prayed that the writ petition filed by the petitioner may kindly be accepted and allowed and by ar [2025:RJ-JP:49693] (2 of 4) [CW-18834/2025] appropriate writ, order or direction:- That the impugned letter dated 09.07.2024, (Annex.9) kindly be quashed and set aside, in the interest of justice, and the respondents be directed to revise the pension of the petitioner by calculating his salary by applying the benefits of 7th pay commission and extend the benefits of old pension scheme by notional fixation to the petitioner and grant consequential benefits. Any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the Petitioner.” 2. Issue notice to respondent(s). 3. Mr. Pulkit Bhardwaj, Advocate on behalf of Mr. Vigyan Shah, AAG accepts notice for respondent nos. 1. Ms. Pooja Sharma, AAAG on behalf of Mr. Manoj Sharma, AAG accepts notice for respondent no. 2 whereas Mr. Aaditya Godara, AAAG on behalf of Ms. Mahi Yadav, AAG accepts notice on behalf of respondent no. 3 to 5. 4. Learned counsel for petitioner is directed to supply a copy of writ petition to Mr. Vigyan Shah, AAG, Mr. Manoj Sharma, AAG and Ms. Mahi Yadav, AAG. 5. Office is directed to reflect names of Mr. Vigyan Shah, AAG Mr. Manoj Sharma, AAG and Ms. Mahi Yadav, AAG as counsel for respondent(s). 6. Learned counsel for petitioner while referring order dated 20.02.2024 in S.B. Civil Writ Petition No. 2574/2024 Giriraj Prasad Mainwal & Ors. Vs. The State of Rajasthan & Ors., submits that the controversy involved in the instant case is already considered and decided by the judgment of the Division Bench in case of Ramesh Chander Gupta Vs. State of [2025:RJ-JP:49693] (3 of 4) [CW-18834/2025] Rajasthan & Ors. (D.B. Civil Writ Petition No. 2800/2021) decided on 17.10.2023. 7. Learned counsel for respondent(s) suggests that the petitioner may file a representation to the respondent(s) and they may examine it subject to applicability upon the facts as mentioned by the petitioner. 8. In the case of Ramesh Chander Gupta (supra), Division Bench of this Court inter-alia while referring to orders passed in cases of Union of India & Ors. Vs. Manohar Lal & Ors.: D.B. Civil Writ Petition No. 5445/2022, dediced on 07.08.2023 & the Commissioner, Kendriya Vidyalaya Sangathan & Anr. Vs. Ram Karan Bhakar & Ors.: D.B. Civil Writ Petition No. 4139/2022 as well as judgment of Hon'ble Supreme Court in the case of Director (Admn. & HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors.: 2023 SCC online SC 401 has passed the following directions:- "It is also brought to the notice of this Court that Special Leave Petition (C) No. 3420/2023 and Special Leave Petition (C) No. 1011/2023 have also been disposed off on 19.05.2023. A copy of the orders dated 11.04.2023 and 19.05.2023 passed by Hon'ble Supreme Court have also been placed on record. Therefore, the present petitions are also disposed off on the same terms with direction to the respondents to consider the claim of the petitioners and pass appropriate orders and other consequential benefits as per their entitlement. Whatever amount is found payable be also released within a period of one month. Accordingly, the present petitions are disposed of." [2025:RJ-JP:49693] (4 of 4) [CW-18834/2025] 9. In the event of filing a representation by the petitioner, the respondent/s shall consider the claim of the petitioner and pass an appropriate order within two months from the date of receipt of representation with certified copy of this order and that too in accordance with law and the observations made in the case of Ramesh Chander Gupta (supra). 10. The order has been passed on the submissions made by the learned counsel for the petitioner and the averments made in the writ petition. The respondent/s would be at liberty to examine the veracity of the submissions made in the writ petition in the light of the observations made by the Division Bench of this court in the case of Ramesh Chander Gupta, and only in case the averments made therein are found to be correct, the petitioner be extended the relief as prayed with consequential benefits as ordered in the case of Ramesh Chander Gupta. 11. The writ petition and all pending application/s, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /29