The High Court answers in the affirmative, upholding and applying Rajkumar Agrawal (2017) and Girdhar Gopal Jagrawal (2021), alongside the State’s 07.04.2022 clarification. This decision binds all Rajasthan subordinate courts and offers persuasive value elsewhere.
Summary
| Category | Data |
|---|---|
| Case Name | CW/19187/2019 of GOPAL KRISHNA SHARMA SON OF SHRI RAMPAL SHARMA Vs STATE OF RAJASTHAN |
| CNR | RJHC021003272019 |
| Date of Registration | 14-11-2019 |
| Decision Date | 25-08-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | MAHENDAR KUMAR GOYAL |
| Court | High Court Of Rajasthan |
| Bench | Single-Judge Bench |
| Precedent Value | Binding in Rajasthan; persuasive elsewhere |
| Overrules / Affirms | Affirms |
| Type of Law | Writ Jurisdiction under Article 226, Administrative Law |
| Questions of Law | Whether issues in the writ petition are res integra given prior coordinate and Division Bench rulings and a government clarification. |
| Ratio Decidendi | The Court held that where a coordinate-bench judgment (Rajkumar Agrawal, 2017), a Division Bench ruling (Girdhar Gopal Jagrawal, 2021) and a government clarification (07.04.2022) address identical issues, fresh writ petitions raising those issues must be disposed of in line with those precedents. Once respondents do not oppose, the petition can be summarily disposed with directions for compliance, including timelines and interest on delayed payments. |
| Judgments Relied Upon | Rajkumar Agrawal vs. State of Rajasthan & Ors. (12.04.2017); Girdhar Gopal Jagrawal vs. State of Rajasthan & Ors. (19.04.2021); State clarification dated 07.04.2022. |
| Logic / Jurisprudence / Authorities Relied Upon | Application of stare decisis within the same High Court, deference to earlier Bench rulings, and adherence to executive clarification on implementation. |
| Facts as Summarised by the Court | The petitioner relied on two earlier High Court judgments and a government circular; respondents did not oppose; petition disposed with compliance directions. |
| Citations | [2025:RJ-JP:33429] |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Rajasthan |
| Persuasive For | Other High Courts, Supreme Court |
| Follows | Rajkumar Agrawal vs. State of Rajasthan (2017); Girdhar Gopal Jagrawal vs. State of Rajasthan (2021) |
What’s New / What Lawyers Should Note
- Confirms that identical issues in multiple writ petitions can be finally disposed by simply applying prior Bench decisions and executive circulars.
- Emphasizes that non-opposition from respondents permits summary disposal with no fresh adjudication on merits.
- Directs specific compliance timelines (12 weeks) and prescribes 6% p.a. interest on arrears for delay, enforceable against responsible officers.
- Reinforces stare decisis within the same High Court’s jurisdiction, enhancing predictability for Panchayati Raj service claims.
Summary of Legal Reasoning
- Invocation of Precedents
The petitioner relied on Rajkumar Agrawal (2017) and Girdhar Gopal Jagrawal (2021) which addressed identical entitlement claims. - Executive Clarification
A 07.04.2022 government circular echoes those judgments and directs implementation in similar cases. - Non-Opposition by Respondents
Since the State did not oppose disposal, no further factual or legal examination was required. - Directions for Compliance
Mandated payment of arrears within 12 weeks; post-period delay attracts 6% p.a. interest, borne by delinquent officers. - Stare Decisis Principle
Upholds internal High Court precedence and executive instructions as binding on identical subsequent petitions.
Arguments by the Parties
Petitioner
- The issues are res integra but already decided by Rajkumar Agrawal (2017) and Girdhar Gopal Jagrawal (2021).
- The State’s 07.04.2022 clarification confirms those decisions.
- Seeks disposal as per those precedents and circular.
Respondent
- Offered no opposition to prayer for disposal in terms of earlier judgments and circular.
Factual Background
The petitioner, a Gram Vikas Adhikari under the Panchayati Raj Department, challenged non-payment of entitled arrears. He filed the writ petition on 14.11.2019, relying on two earlier High Court judgments and a departmental clarification dated 07.04.2022. The State respondents did not contest the applicability of those precedents or the clarification. On 25.08.2025, the Court disposed of the petition, directing arrear payment within 12 weeks and prescribing interest for any delay.
Statutory Analysis
No specific statutes were interpreted; the judgment proceeds on writ jurisdiction under Article 226 and principles of stare decisis.
Procedural Innovations
- Establishes a uniform timeline for compliance and interest mechanism for arrear payments in writ disposals.
Alert Indicators
- ✔ Precedent Followed
Citations
- [2025:RJ-JP:33429]