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2025 DAILYLAW 46286 (RAJ)

HARISH CHAND ARORA S/O SHRI GANGU RAM v. STATE OF RAJASTHAN

CW/18179/2019 · 2025-12-17

Ashok Kumar Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:51355] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18179/2019 Harish Chand Arora S/o Shri Gangu Ram, Aged About 61.5 Years, R/o 256, South West Block, Alwar. Retired On 31.12.2017 From The Post Of Gram Sevak Cum Secretary, Panchayat Samiti, Umren, District Alwar. ----Petitioner 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, Umren, Distt. Alwar ----Respondents For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) : Mr. Kapil Prakash Mathur, AAG with Mr. Prateek Saxena Mr. 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 petitioner with following prayer: “It is, therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate writ, order or direction, the order dated 7.5.2018 and the consequential recovery made pursuant thereto may kindly be quashed and set-aside and the respondents may kindly be directed to refund the entire [2025:RJ-JP:51355] (2 of 3) [CW-18179/2019] recovered amount to the petitioner with interest @ 12% p.a. The respondents may also be directed to grant the pay scale of Rs. 9300-34,800/- with grade pay of Rs.3600/-, which the petitioner was drawing at the time of retirement and he be granted the benefit of I, II and IIIrd ACP on completion of 9, 18 and 27 years of service from the date of initial appointment, with all other service and retiral benefits to the petitioner in the light of the judgment passed by this Court in the case of Jagadish Bhanoda (supra) Any other appropriate order or direction, which this Hon’ble Court may deem just and proper in the facts of the present case, may also be passed in favour of the petitioner.” 2. Learned counsel for petitioner 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. [2025:RJ-JP:51355] (3 of 3) [CW-18179/2019] 4. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition is disposed of in light of the ratio, as laid down in case of Babu Lal Meena Vs. State of Rajasthan and Ors. (supra), if applicable upon facts of the case. 5. The writ petition is disposed of on basis of facts as claimed by the petitioner, 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/164