IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Civil Writ Petition No.1120/1997 Bajrang Singh Rajawat Vs. The State of Rajasthan and Another 2. S.B. Civil Writ Petition No.1118/1997 Omkar Singh Vs. The State of Rajasthan and Another Date of Order ::: 06.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Mrs. Namita Parihar, Advocate, for Shri R.C. Joshi, Counsel for petitioners Shri S.D. Khaspuria, Additional Government Counsel for respondents #### By the Court:-
Learned counsel for respondents submits that now petitioners, in both writ petitions, have already retired and there is no question of making any recovery from them.
Learned counsel for petitioners submitted that writ petitions were filed by petitioners at a stage when recovery was yet not made challenging Circular of Government dated 04.12.1996. Learned counsel further submitted that even otherwise this Court, while deciding S.B. Civil Writ Petition No.1090/1997, Gyan Chand Mathur Vs. State of Rajasthan & Others, vide order dated 22.02.2010, held that recovery in such like matters cannot be made. Case of petitioner is squarely covered by the aforesaid judgment.
Having regard to the facts situation narrated above, both writ petitions are disposed of restraining the respondents from making any recovery from petitioners and petitioners are held entitled to avail of benefits which they have already drawn, throughout for all purposes.
Both writ petitions stand disposed of.
(Mohammad Rafiq) J.
//Jaiman//