[2025:RJ-JP:3180] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6597/2007 Hira Lal S/o Shri Deep Chand Mali, aged about 56 years, R/o Near Tejaji Than, Chhawani, Beawar, District Ajmer, At Present Service In Naka Guard/ Ivth Grade Employee. ----Petitioner Versus 1. The State of Rajasthan through the Director, Directorate Local Self Department, Jaipur. 2. The Commissioner, Nagar Parishad Beawar, Ajmer. ----Respondents Connected With S.B. Civil Writ Petition No. 716/2007 1. Man Singh Chouhan S/o late Shri Gopal Singh Chouhan, aged about 65 years, R/o Gali No.2, Arya Colony-’A’, Gari Road, Beawar, District Ajmer. 2. Ramakant Gupta S/o Shri Jamna Lal Gupta, R/o 28 Harsingh Pura, Ajmer Road, Beawar, District Ajmer. ----Petitioners Versus 1. The State of Rajasthan through the Director, Directorate Local Self Department, Jaipur. 2. The Commissioner, Nagar Parishad Beawar, Ajmer. ----Respondents S.B. Civil Writ Petition No. 841/2007 Kishan Singh Rawat S/o Shri Gheesa Singh Rawat, aged about 56 years, R/o out side Mewari Gate, Bajaj Nagar, Near Krishi Upaj Mandi, Beawar, District Ajmer. ----Petitioner Versus 1. The State of Rajasthan through the Director, Directorate Local Self Department, Jaipur. 2. The Commissioner, Nagar Parishad Beawar, Ajmer. ----Respondents [2025:RJ-JP:3180] (2 of 3) [CW-6597/2007] For Petitioner(s) : Mr. Vikas Meena for Mr. Chain Singh For Respondent(s) : Mr. B.K. Sharma Mr. Rahul Sharma HON'BLE MR. JUSTICE SAMEER JAIN Order 22/01/2025 Learned counsel for the petitioners has submitted that the instant petitions are pending ever since Year 2007. It is further submitted that in the instant matters, interim orders were passed by the Court in the Year 2007 directing to maintain a status quo. Further, it is submitted that the petitioners were working as Class-IV employee, and were awarded salary pursuant to completion of requisite years of service. Thereafter, in compliance of the circular dated 20.12.2005, the pay of the petitioners were re-fixed vide order dated 26.04.2006 and as a consequence of which certain amount was paid in excess to the petitioners, in which petitioners have no role to play. Subsequently, the respondents initiated recovery of excess amount after the petitioners’ superannuation from the service, therefore re-determining the salary in the lower pay scale. Moreover, making recovery of the excess amount is arbitrary considering that the petitioners are at fag end of their life and fall under the bracket of senior citizen. In this regard, reliance is placed upon the judgment passed by Hon’ble Apex Court in State of Punjab and Ors., vs. Rafiq Masih and Ors. reported in 2015 (4) SCC 334. [2025:RJ-JP:3180] (3 of 3) [CW-6597/2007] Per contra, learned counsel for the respondents has raised objections to the above stated contention of the learned counsel of the petitioners. Howsoever, admitted the fact that petitioners were working in a lower cadre, recoveries were initiated after superannuation and that a miniscule amount to the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), is recovered from each of the petitioners. Learned counsel for the respondents is unable to justify the fact qua payment of such an excess amount to the petitioners. Heard and considered. Considering the facts and circumstances of the matters, upon a perusal of the legal notice (Annexure-4), taking note of the fact that the petitioners are at the fag end of their lives and prima facie no malafides can be drawn on the part of the petitioners, this Court in the interest of justice, deems it apposite to allow the present petitions. Accordingly, impugned orders qua recovery of excess amount are hereby quashed and set aside. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/123-125