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2026 DAILYLAW 17640 (RAJ)

RADHEY SHYAM SHARMA SON OF SHRI HANUMAN PRASAD SHARMA v. STATE OF RAJASTHAN

CW/5549/2021 · 2026-02-17

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:7502] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5549/2021 Radhey Shyam Sharma Son Of Shri Hanuman Prasad Sharma, Aged About 61 Years, Resident Of Wad No. 21, Sangaria, District Hanumangarh (Raj.) ----Petitioner Versus 1 State Of Rajasthan, Through Pr. Secretary To Government, Water Resources Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.) 2 Chief Engineer, Water Resources Department, Indira Gandhi Nahar Bhawan, Bhawani Singh Marg, Jaipur (Raj.) 3 Director, Directorate Of Pension And Pensioners Welfare, Government Of Rajasthan, Jaipur (Raj.) ----Respondents Connected With S.B. Civil Writ Petition No. 13285/2021 Sham Dev S/o Lt. Sh. Amarnath Uppal, Aged About 67 Years, R/o 259/11, Swar Mohalla, Sunder Nagar, District Mandi (Hp) - 175019 ----Petitioner Versus 1 State Of Rajasthan, Through Pr. Secretary To Government, Water Resources Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.) 2 Chief Engineer, Water Resources Department, Indira Gandhi Nahar Bhawan, Bhawani Singh Marg, Jaipur (Raj.) 3 Director, Directorate Of Pension And Pensioners Welfare, Government Of Rajasthan, Jaipur (Raj.) ----Respondents S.B. Civil Writ Petition No. 1874/2019 Gopi Chandiram Asudani Son Of Shri Chandiram Asudani, Aged About 73 Yearsz, Resident Of C/o Kavita (Arushi) Manwani, B- 7/1902, Elite Prominate, J.p. Nagar, Phase-7 Near Water Tank, Bangalore 560078 (Karnataka) ----Petitioner [2026:RJ-JP:7502] (2 of 4) [CW-5549/2021] Versus 1 State Of Rajasthan, Through Pr. Secretary To Government, Water Resources Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.) 2 Chief Engineer, Water Resources Department, Indira Gandhi Nahar Bhawan, Bhawani Singh Marg, Jaipur. Raj. 3 Director, Directorate Of Pension And Pensioners Welfare, Government Of Rajasthan, Jaipur Raj. ----Respondents For Petitioner(s) : Mr. Ajay Gupta For Respondent(s) : Mr. B.S. Chhaba, AAG with Mr. Hardik Singh Mr. Shubham Gupta for Mr. Rahul Lodha, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/02/2026 1. Instant Writ Petitions are preferred with following prayer:- It is, therefore, most respectfully and humbly prayed that your lordships may graciously be pleased to call for the entire record of the case and after examining the same allow the present writ petition and (i) by an appropriate writ, order or direction, the non-petitioners may kindly be directed to recompute the terminal/retiremental benefits of the petitioner on the basis of last pay drawn by him in BBMB and after re-computation, the arrears of retiremental benefits may be released to the petitioner along with interest @18% p.a. (ii) by further appropriate writ, order or direction, the non-petitioners may kindly be directed to recompute the pension of the petitioner on the basis of last pay drawn by him in BBMB and after re-computation, the arrears of pension may be released to the petitioner along with interest @18% p.a. (iii) any other beneficial order or direction, which the Hon'ble Court deems fit and proper in the facts and circumstances of the present case may also kindly be passed in favour of the petitioner. [2026:RJ-JP:7502] (3 of 4) [CW-5549/2021] (iv) costs of the writ petition may kindly be awarded in favour of the petitioner. 2. Learned counsel for petitioner(s) while placing reliance upon order dated 29.10.2014 in DB Civil Special Appeal (Writ) No. 119/2009 arising out of S.B. CWP No. 1844/2004, The State of Rajasthan and Anr. Vs. Darbari Lal and Anr. submits that the controversy raised herein is already decided by a Division Bench of this Hon'ble Court which was further approved by Hon'ble Supreme Court, as SLP (Civil) No. 9467/2015 was dismissed on 03.07.2015. He further submits that said ratio was further considered by a Co-ordinate Bench of this Court in case of Smt. Charanjit Kaur Vs. State of Rajasthan, SB Civil Writ Petition No. 20920/2018 decided on 12.01.2021, therefore, this writ petition be disposed of in light of these judgments. He further referred order dated 26.04.2018 passed by Water Resources Department that on the basis of aforementioned ratio, certain writ petitions were disposed of and on basis of representation, the respondent(s)-department has granted benefits to the candidates. 3. Learned AAG appearing on behalf of respondent(s) submits that petitioner be directed to submit a representation in light of these ratio as laid down by them and if ratio is applicable upon the facts as claimed by the petitioner(s), the department will pass appropriate orders accordingly. 4. Considered the grievance raised herein, the petitioner(s) are directed to submit a representation to the respondents-Authority within a period of 60 days raising all grounds and the respondents-Authority are directed to decide the representation in light of ratio laid down in case of The State of Rajasthan and Anr. Vs. Darbari Lal and Anr.(supra) and Charanjit Kaur Vs. [2026:RJ-JP:7502] (4 of 4) [CW-5549/2021] State of Rajasthan (supra) but in case of deviation with a reasoned and speaking order within a period of 60 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioner(s) either by way of speed post or through E-mail, if petitioners have provided E-mail in their representation. 5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner(s), then same benefits be extended to the petitioner(s). 6. With the aforesaid directions, the present writ petitions with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MONU /157-159