[2025:RJ-JD:53301]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9830/2020 Satya Narayan Sharma S/o Shri Vardi Shankar Sharma, Aged About 60 Years, R/o Gopalwara Road, Mandal, District Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

2. The Additional Commissioner And Joint Government Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad, Bhilwara, District Bhilwara. ----Respondents Connected With S.B. Civil Writ Petition No. 4258/2018

1. Parmanand Sharma S/o Shri Moti Lalji, R/o Alawas, Sojat Road, District Pali.

2. Sohan Singh Chauhan S/o Shri Arjun Singh Shankhla, R/o Sojat Road, District Pali.

3. Kalyan Singh S/o Shri Arjun Singh Shankhla, R/o Sojat Road, District Pali.

4. Shantilal Sen S/o Shri Poonam Chand Sen, R/o Sojat Road, District Pali.

5. Mahendra Kumar S/o Shri Prahlad Rai Dhawan, R/o Sojat Road, District Pali.

6. Smt. Sunder W/o Shri Mithu Singh Sankhla, R/o Sojat Road, District Pali.

7. Dhagla Ram S/o Shri Devra Ram Prajapat, R/o Village Musaliya, Gram Panchayat Sojat Road, District Pali.

----Petitioners Versus

1. State Of Rajasthan Through Its Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

2. The Additional Commissioner And Joint Government Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad, Jodhpur, District, Jodhpur.

4. The Chief Executive Officer., Zila Parishad, Pali, District Pali.

----Respondents S.B. Civil Writ Petition No. 4259/2018

1. Ramesh Chandra Bhat S/o Shri Jamanlal Bhat, R/o Behind Post Office, Mandal, Tehsil Mandal, District Bhilwara.

2. Chhotu Singh Rajput S/o Shri Mohan Singh, R/o Village Kolpura, Post Kotadi, Tehsil Kotadi, District Bhilwara.

3. Lalit Shanker Bhatt S/o Shri Jamlalal Bhatt, R/o Nai Nagri, Mandal, Tehsil Mandal, District Bhilwara.

----Petitioners Versus

1. State Of Rajasthan Through Its Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

2. The Additional Commissioner And Joint Government Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad, Bhilwara, District Bhilwara. ----Respondents For Petitioner(s) : Mr. Jayram Saran with Mr. Bharat Singh Rathore Mr. Devendra Deelu For Respondent(s) : Mr. Nitesh Choudhary HON'BLE MS. JUSTICE REKHA BORANA

Order

09/12/2025

1. Counsel for the petitioners submits that the issue is covered by a Co-ordinate Bench judgment of this Court in Kanhiya Lal Nai Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No. 6469/2020 (decided on 30.09.2022).

2. Counsel for the respondents is not in a position to refute the aforesaid submission. He however submits that some of the petitioners have since superannuated and hence, would be entitled to notional benefits only.

3. So far as the above submission made by Counsel for the respondents is concerned, the operative part of judgment in Kanhiya Lal Nai (supra) in fact, already takes care of said submission.

4. In Kanhiya Lal Nai (supra), the court observed and held as under:-

“Briefly stated facts of the case are that the petitioner was appointed as 'Gate Keeper' vide order dated 05.08.1981 in Panchayat Samiti, Lunkaransar on temporary basis. The petitioner joined services on 14.08.1981 which were extended from time to time. In the year 1992, a resolution was adopted in the meeting of Panchyat Samiti, Lunkaransar dated 23.10.1992 whereby the petitioner was appointed on the post of 'Octroi Collector'.

After abolishment of octroi in the State of Rajasthan, the Chief Executive Officer, Zila parishad, Bikaner enquired about the status of employees working at Gram Panchayat, Lunkaransar providing services related to octroi collection and consequently, ha