BENCH AT JAIPUR v. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat

Judgment

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt., Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt., Department Of Finance (Rules) Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt., Department Of Higher Education Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 3550/2021 Krishna Govind Singh S/o Ram Nath Singh, Aged About 88 Years, R/o C-208, Near- Dav School, Talwandi, Kota-324005, Raj. Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt., Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt., Department Of Finance (Rules) Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt., Department Of Higher Education Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur. [2025:RJ-JP:27668] (2 of 21) [CW-3549/2021]

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 3551/2021 Dr. Bhagwati Lal Chawat, S/o-Gori Lal Chawat, Aged About 76 Years, 75, Subhash Nagar, Gali No. 3, Udaipur (Raj) Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary, To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt., Department Of Finance (Rules) Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt., Department Of Higher Education Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 3552/2021 Rajendra Prsad Sharma, S/o- Sh. Ganeshi Lal Sharma, Aged About 84 Years, R/o- 2 D 7, Kala Kuwa, Housing Board, Alwar, 301001 Raj. Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education Govt. Rajasthan, Jln [2025:RJ-JP:27668] (3 of 21) [CW-3549/2021] Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 3553/2021 Kanti Prasad Bansal S/o Kapoor Chand Bansal (Retd.), Aged About 71 Years, 430, Krishna Nagar, Bharatpur, Raj. 321001. Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance(Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director, Pension And Pensioners Welfare Department Jyoti Nagar, Jaipur ----Respondents S.B. Civil Writ Petition No. 3554/2021 Prem Singh Khuntela S/o- Ghantoli Ram, Aged About 76 Years, R/o- Aashirwad House No. 48, Krishna Nagar, Bharatpur. 321001, Raj. Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur. [2025:RJ-JP:27668] (4 of 21) [CW-3549/2021]

5. The Commissioner College Education Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 3555/2021 P.n. Bhardwaj S/o Sh. Lekhpat Raj Bhardwaj, Aged About 85 Years, R/o 44, Panch Vati, Alwar, 301001 Raj. Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance(Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director, Pension And Pensioners Welfare Department Jyoti Nagar, Jaipur ----Respondents S.B. Civil Writ Petition No. 3556/2021 Ram Parsad Sharma S/o Jagan Nath Sharma, Aged About 74 Years, R/o Jagannathkung Shivaji Nagar, Aawasiya Colony, Mejhela Road, Kishangarh, Ajmer, (Raj.) Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance(Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, [2025:RJ-JP:27668] (5 of 21) [CW-3549/2021] Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director, Pension And Pensioners Welfare Department Jyoti Nagar, Jaipur ----Respondents S.B. Civil Writ Petition No. 3557/2021 Suresh Chandra Sharma, S/o- Hardawari Lal Sharma, Aged About 75 Years, R/o- C-6, Vaishali Nagar, Behind Badhir School, Ajmer, (Raj) Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. S.B. Civil Writ Petition No. 3558/2021 Dr. Girdhar Gopal Saini S/o- Sh. Bala Baksh Saini, Aged About 77 Years, R/o- 58, Mahavir Colony, Pushker Road, Ajmer, (Raj) ----Respondents Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary, To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt., Department Of Finance (Rules) Govt. Of Raj. Secretariat Jaipur. [2025:RJ-JP:27668] (6 of 21) [CW-3549/2021]

4. The Secretary To Govt., Department Of Higher Education Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. S.B. Civil Writ Petition No. 3559/2021

Dr. Suchendra Mohan, S/o- Late. Shri Mahesh Kripal, Aged About 76 Years, R/o- 43, Panchawati Scheme No.7, Alwar (Raj) ----Respondents Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 3560/2021 Ramesh Chandra Sharma, S/o- Gyarsi Ramji Sharma, Aged About 88 Years, R/o- 121, Vallabhbari, Guman Pura, Kota, 324007 Raj. Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt., Department Of Finance (Rules) [2025:RJ-JP:27668] (7 of 21) [CW-3549/2021] Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt., Department Of Higher Education Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. S.B. Civil Writ Petition No. 3561/2021 Dr. Nemi Chand Shrimal S/o- Sh. Mohrilal, Aged About 85 Years, R/o- 9, Saraswati Nagar, Agra Road, Dausa, Raj. ----Respondents Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary, To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt., Department Of Finance (Rules) Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt., Department Of Higher Education Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. S.B. Civil Writ Petition No. 3562/2021 Anand Kumar Chouhan S/o Shri Moti Singh, Aged About 70 Years, R/o A-47, Subash Colony, Khedli Pathak, Kota, Raj. ----Respondents Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance(Rules), [2025:RJ-JP:27668] (8 of 21) [CW-3549/2021] Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director, Pension And Pensioners Welfare Department Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 3563/2021 Dr. Krishna Prasad Maheshwari S/o- Bajrang Lal Maheshwari, Aged About 80 Years, R/o- 288, Chamble Garden Road, Partap Nager Kota. Raj. 324009 Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. S.B. Civil Writ Petition No. 3564/2021 Mahesh Kumar Saxena, S/o- Deen Dayal Saxena, Aged About 57 Years, R/o- 10-B-13, Mahaveer Nagr-3Rd Kota Raj. ----Respondents Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.) [2025:RJ-JP:27668] (9 of 21) [CW-3549/2021]

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 3565/2021 Dr. Mohan Lal Kasat S/o Badri Lal Kasat, Aged About 79 Years, R/o 134, Shopping Center Kota (Raj) At Present Residing In 42, Gopur Colony, Annpurana Road, Indoor (M.p.) Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance(Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director, Pension And Pensioners Welfare Department Jyoti Nagar, Jaipur S.B. Civil Writ Petition No. 3566/2021 Dr. Smt Pramila Kaushik W/o Sh. Dinesh Kaushik, Aged About 75 Years, R/o 04 Professor Colony Naya Pura, Kota Rajasthan. ----Respondents Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, [2025:RJ-JP:27668] (10 of 21) [CW-3549/2021] Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance(Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director, Pension And Pensioners Welfare Department Jyoti Nagar, Jaipur ----Respondents S.B. Civil Writ Petition No. 3567/2021 Dr. Smt. Gayatri Panwar W/o- Shri Santosh Singh Panwar, Aged About 79 Years, R/o- A-25, Vaishali Nagar, Vaishali Marg, Jaipur Rajasthan. Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary, To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary, To Govt. Department Of Finance (Rules) Govt. Of Raj. Secretariat Jaipur.

4. The Secretary, To Govt. Department Of Higher Education Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. S.B. Civil Writ Petition No. 3568/2021 Ramesh Chandra Sharma, S/o- Shri M. L. Sharma, Aged About 73 Years, R/o- 289, Chambal Garden Road, Dadabari, Kota, Raj. ----Respondents Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur. [2025:RJ-JP:27668] (11 of 21) [CW-3549/2021]

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. S.B. Civil Writ Petition No. 3569/2021 Trilok Chand Gupta S/o Ram Nath Gupta, Aged About 78 Years, R/o 10A Vallabh Nagar Kota, Raj. ----Respondents Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance(Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director, Pension And Pensioners Welfare Department Jyoti Nagar, Jaipur S.B. Civil Writ Petition No. 3570/2021 Tikam Chand Mehta S/o- Sh. H.c. Mehta, Aged About 85 Years, R/o-10-A, Vallabh Nagar, Kota, Rajasthan. ----Respondents Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur. [2025:RJ-JP:27668] (12 of 21) [CW-3549/2021]

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 3571/2021 Smt. Sushila Taparia W/o Late Sh.sitaram Ji Sarda, Aged About 81 Years, R/o-D-13, Housing Board Colony, Vallabhbari,kota Rajasthan. Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance(Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director, Pension And Pensioners Welfare Department Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 3572/2021 Kanti Chandra Gautam S/o Ram Parsad Sharma, Aged About 86 Years, R/o Godam Ki Talai, Jhalawar, Raj. Versus ----Petitioner [2025:RJ-JP:27668] (13 of 21) [CW-3549/2021]

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance(Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director, Pension And Pensioners Welfare Department Jyoti Nagar, Jaipur ----Respondents S.B. Civil Writ Petition No. 3573/2021 Dr. Smt. Nirmala H. Adwani, W/o-Sh. Nand Lal Bhatia, Aged About 74 Years, R/o- B- 2, Vallabh Bari, Housing Board, Kota, Rajasthan. Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat Jaipur.

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education, Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 7941/2021 [2025:RJ-JP:27668] (14 of 21) [CW-3549/2021] Dr Suresh Chand Sharma S/o Ram Sawroop Sharma, Aged About 82 Years, R/o 1/7, Kala Kuwa, Housing Board, Alwar (Raj.) Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt., Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.)

3. The Secretary To Govt., Department Of Finance (Rules) Govt. Of Raj. Secretariat, Jaipur.

4. The Secretary To Govt., Department Of Higher Education Govt. Secretariat, Jaipur.

5. The Commissioner College Education Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur. ----Respondents S.B. Civil Writ Petition No. 7970/2021 Smt. Bhanwar Devi Verdia W/o Late. Sh. Hanuman Singh Verdia, Aged About 86 Years, House No-79, Ambamata Scheme, Udaipur Raj. 313001 Versus ----Petitioner

1. The Chief Secretary, Govt. Of Rajasthan, Raj. Secretariat, Jaipur.

2. The Principal Secretary To Govt. Department Of Finance, Govt. Of Rajasthan Secretariat, Jaipur (Raj.)

3. The Secretary To Govt. Department Of Finance (Rules), Govt. Of Raj. Secretariat, Jaipur (Raj.)

4. The Secretary To Govt. Department Of Higher Education, Govt. Secretariat Jaipur.

5. The Commissioner College Education Govt. Rajasthan, Jln Marg, Shiksha Sankul, Near Mahavir Park, Jaipur.

6. The Director Pension And Pensioners Welfare Department, Jyoti Nagar, Jaipur ----Respondents [2025:RJ-JP:27668] (15 of 21) [CW-3549/2021] For Petitioner(s) : Mr. Mirza Shokat Beg Mr. Mirza Sharafat Beg For Respondent(s) : Mr. Vigyan Shah, AAG Mr. Abhishek Paliwal for Mr. Dheeraj Tripathi, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 24/07/2025

1. In this batch of writ petitions, the grievances of all the petitioners is identical in nature, hence, with the consent of counsel for both the parties, the writ petitions have been heard together and will stand decided by this common order. For convenience, the pleadings and prayers made in S.B. Civil Writ Petition No. 3549/2021 titled as Dr. Kailash Chand Gupta Vs. The Chief Secretary, Government of Rajasthan & Ors., are being taken into consideration.

2. In S.B. Civil Writ Petition No.3549/2021, petitioner has prayed for grant of following prayers:- "It is, therefore, most humbly prayed that this Hon'ble court may very graciously be pleased to allow this writ petition in the interest of justice and by an appropriate writ, order or direction, the respondents may kindly be directed:- (i) to restore, correct and revise the pension of the petitioner by assigning him the running pay band of Rs. 37400-67000 with academic grade pay of Rs. 9000 in Academic Level_13A as per Table No 4 instead of Table No. 3 under the 7th Pay Commission (ii) to revise the pension of the petitioner at Academic Level-13A under the 7th Pay Commission on minimum notional pay of Rs. 1,31,400.00/- from 01.01.2016. [2025:RJ-JP:27668] (16 of 21) [CW-3549/2021] (iii) to revise and issue the Pension payment order No. 746716(R) Pre-2016 dt. 22.11.2019 again correctly on the basis of and in RPB of Rs. 37400-67000+9000 AGP at AL-13A instead of the lower RPB of Rs. 15600-39100+8000 AGP at AL-12 under the 7th pay commission. (iv) to quash & set aside the impugned para 6 of the Memorandum dt. 05.11.2019 and the impugned letters dt. 11.02.2020, dated 11.03.2020, dated 15.09.2020 and also dated 05.10.2020 being illegal & arbitrary, and in violation of Article 14, 16 & 21 of the Constitution of India. (v) to pay the arrears of balance pension to the petitioner accordingly along with interest @ 9%. p.a. (vi) to order institute a departmental enquiry & punish the defaulting officers. (vii) any other order which this Hon'ble court deems just fit & proper may also kindly be passed in favour of the petitioner."

3. All the petitioners are retired employees of the Department of Higher Education, from the post of College Lecturer.

4. At the outset, counsel for petitioners has pointed out that other writ petitions, praying for similar relief as prayed herein, filed by other petitioners, lead case S.B. Civil Writ Petition No.19131/2023 titled as 'Narayan Das Vs. The State of Rajasthan & Ors.' and other connected writ petitions, were heard by the Coordinate Bench of this High Court and vide order dated

11.03.2024, instead of considering the case of petitioners on merits, they were relegated to invoke the alternative and statutory remedy before the Rajasthan Administrative Tribunal. For ready reference, the relevant portion of judgment reads as under: "8. It is a settled position of law that in an eventuality where a preliminary objection is raised against the maintainability of a petition, the said [2025:RJ-JP:27668] (17 of 21) [CW-3549/2021] objection ought to be adjudicated upon at the outset, prior to delving into the factual considerations of the dispute at hand. The elementary rationale behind the said prioritized adjudication of the objection, pertains to the simple fact that the outcome on the said preliminary objection regarding the maintainability, shall have a direct nexus on the outcome of the petition before this Court insofar as the petition may not be entertained per se.

9. Accordingly, on the aspect of maintainability of the instant petition, during the course of arguments, learned counsel for the petitioner could not refute the fact that the petitioner would be covered under the definition of a ‘Government Servant’ as prescribed under Section 2(c) of the Act of 1976 nor could learned counsel for the petitioner refute the fact that the lis before this Court also falls under the definition of ‘Service Matters’ as defined under Section 2(f) of the Act of 1976. In view thereof, since the petitioner has an alternative and efficacious remedy available in law, this Court does not deem it appropriate to entertain the instant petition at the first instance, without the petitioner having exhausted the alternate remedy available in law.

10. In this regard, on the maintainability of disputes before the Rajasthan Administrative Tribunal on the subject matter of ‘pension’, reliance can be also be placed upon the dictum of the Division Bench of this Court as enunciated in Jahangir Ali Khan vs. State of Rajasthan and Ors.: D.B. Special Appeal (Writ) No. 662/2022 wherein it was held as under:- “6. The first contention of the learned Additional Advocate General that the Tribunal had no jurisdiction to entertain the dispute regarding the validity of an order of suspension, cannot be accepted in view of wide definition of expression "Service matter" given under Section 2 (f) of the Act of 1976.

7. Section 2, sub-section (f), being relevant, is extracted hereinbelow: "(f) "Service matter" means any one or more than one of the following matters relating to a Government Servant: (i) Seniority; (ii) Promotion; [2025:RJ-JP:27668] (18 of 21) [CW-3549/2021] (iii) Confirmation; (iv) Fixation of pay; (v) An order denying or varying pay, allowances, pension and other service conditions to the disadvantage of a Government Servant, otherwise than as a penalty; (vi) Cases of reversion while officiating in a higher service, or post to lower service, grade or post other-wise than as a penalty; (vii) Withholding the pension or denying the maximum pension other-wise than as the penalty; (viii) Any other matter notified by the Government."

8. Clause (v) of sub-section (f) of Section 2 of the Act of 1976 is wide. It reads that an order denying or varying pay, allowances, pension and other service conditions to the disadvantage of a Government Servant, other-wise than as a penalty would be covered under the expression "Service matter". The expression "any other service conditions to the disadvantage of a Government Servant" would obviously the dispute arising on account of an action of suspending an employee under the service Rules. Given the wide definition under sub- section (f) as aforesaid, we have no reason to hold that it excludes suspension contention of Ld. Additional Advocate General with regard to jurisdiction on this aspect cannot be accepted and therefore rejected.” Therefore, include issue.

12. This Court deems it appropriate to note that by way of the preamble of the Act of 1976, it is categorically reflected that the said Act seeks to provide for the constitution of Appellate Tribunals for service matters and the matters which are incidental thereto. In this background, it is noted that when the requisite tribunals are constituted and are functioning smoothly with an expertise in a specific subject-matter of law, then this Court whilst exercising writ jurisdiction, ought to proceed slowly and relegate the matters to the Tribunal, for due adjudication on merits. [2025:RJ-JP:27668] (19 of 21) [CW-3549/2021]

13. The Hon’ble Apex Court, through a plethora of judicial pronouncements, has time and again held that High Court’s ought not to entertain writ petitions, which are filed bypassing the statutory alternative remedies. In the event where an alternate remedy subsists, judicial prudence demands that the Courts refrain from exercising writ jurisdiction, in the first instance. When a petitioner approaches the Court without exhausting the alternate remedy, the question with which the Court is posed, is not merely limited to the maintainability of the petition itself, but rather, it’s entertainability as well. The Hon’ble Apex Court in State of Maharashtra and Ors. vs. Greatship (India) Limited: Civil Appeal No. 4956/2022, categorically held as under:- “8. Now so far as the reliance placed upon the decisions of this Court by the learned Senior Advocate appearing on behalf the respondent, referred to hereinabove, are concerned, the question is not about the maintainability of the writ petition under Article 226 of the Constitution, but the question is about the entertainability of the writ petition against the order of assessment by- passing the statutory remedy of appeal. There are serious disputes on facts as to order was passed whether the assessment on 20.03.2020 or 14.07.2020 (as alleged by the assessee). No valid reasons have been shown by the assessee to by-pass the statutory remedy of appeal. This Court has consistently taken the view that when there is an alternate remedy available, judicial prudence demands that the court refrains from exercising its jurisdiction under constitutional provisions.

9. In view of the above and in the facts and circumstances of the case, the High Court has seriously erred in writ petition against entertaining the the assessment order. The High Court ought to have relegated the writ petitioner – assessee to avail the statutory remedy of appeal and thereafter to avail other remedies provided under the statute.”

13. Article 226 is not meant to short-circuit or circumvent statutory procedures. It is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations, as for instance where the very vires of the statute is in [2025:RJ-JP:27668] (20 of 21) [CW-3549/2021] question or where private or public wrongs are so inextricably mixed up and the prevention of public injury and the vindication of public justice require it that recourse may be had to Article 226 of the Constitution. But then the Court must have good and sufficient reason to bypass the alternative remedy provided by statute. We can also take judicial notice of the fact that the vast majority of the petitions under Article 226 of the Constitution are filed solely for the purpose of obtaining interim orders and thereafter prolong the proceedings by one device or the other. The practice certainly needs to be strongly discouraged. The said view was enunciated by the Hon’ble Apex Court in CCE vs. Dunlop India Ltd. reported in (1985) 1 SCC 260. Similarly, the foregoing rationale has also been propounded by the Hon’ble Apex Court in a variety of subsequent judgments, including Punjab National Bank vs. O.C. Krishnan reported in (2001) 6 SCC 569, United Bank of India vs. Satyawati Tondon and Ors. reported (2010) 8 SCC 110, M/s. Radha Krishnan Industries vs. State of Himachal Pradesh and Ors. reported in (2021) 6 SCC 771 and Deputy General Manager (Appellate Authority) and Ors. vs. Ajai Kumar Srivastava reported in (2021) 2 SCC 612. Accordingly, in light of the aforesaid, the reliance placed by the counsel for the petitioner upon the Circular/Memorandum dated 05.11.2019 regarding the remedy before the Tribunal is also misconceived. not being efficacious,

14. Nothing has been brought on record by the counsel for the petitioners, warranting this Court to entertain the present petition, especially in the presence of an equally efficacious alternate remedy before learned Rajasthan Administrative Tribunal, which possesses the due expertise to adjudicate upon service disputes and matters which are incidental thereto. Moreover, the Tribunal would also be in a substantially better suited position to determine the disputed factual considerations before the Court. Moreover, the hitch advanced by the counsel for the petitioner in approaching the Tribunal is merely based on presumptions and assumptions as well, which cannot be given precedence over the settled dictum of law.

15. Accordingly, in light of the foregoing observations and considering the fact that an equally efficacious alternate remedy is available [2025:RJ-JP:27668] (21 of 21) [CW-3549/2021] before petitioner, this Court deems it appropriate to relegate the present petition to the learned Rajasthan Administrative Tribunal, for adjudication on merits."

5. Counsel for petitioners prays to decide all these writ petitions, in terms of order dated 11.03.2024 passed by the Coordinate Bench.

5. Learned Additional Advocate General appearing on behalf of respondents does not dispute to relegate the petitioners to avail the remedy before the Rajasthan Administrative Tribunal, more particularly in the light of order dated 11.03.2024 passed in S.B. Civil Writ Petition No.19131/2023.

6. In view of above, without entering into the merits/demerits of the grievances of petitioners, this Court is not inclined to entertain the writ petitions in exercise of its jurisdiction under Article 226 of the Constitution of India and relegate the petitioners to ventilate their grievances before the Rajasthan Administrative Tribunal in terms of the order dated 11.03.2024 passed in S.B. Civil Writ Petition No.19131/2023.

7. It is hereby observed that since the petitioners are senior citizen hence in case, appeals are filed by them within a period of one month from the date of receipt of copy of this order, the Rajasthan Administrative Tribunal shall expedite hearing and make an endeavor to decide the appeals expeditiously as early as possible.

9. Accordingly, all the writ petitions stand disposed of. All pending application(s), if any, stand(s) disposed of. RONAK JAIMAN/8-34 (SUDESH BANSAL),J