HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 801/2021
The Assistant Engineer (O And M) Jaipur Vidyut Vitaran Nigam
Ltd., Jaipur Discom, Niwai (Tonk)
----Appellant
Versus
1. Bhanwar Lal Sharma Son Of Ram Sahai Sharma, Aged
About 71 Years, Resident Of Village Chainpura, Tehsil
Niwai, District Tonk (Raj.)
2. Rajya Vidyut Prasaran Nigam Ltd., Through Its Chairman,
Vidyut Bhawan, Near Vidhan Sabha, Jaipur.
3. The Secretary, Rajasthan Rajya Vidyut Prasaran Nigam
Ltd., Vidyut Bhawan, Near Vidhan Sabha, Jaipur.
----Respondents
For Appellant(s) : Mr. Sandeep Singh Shekhawat For Respondent(s) : Mr. R.K. Agarwal, Sr. Advocate assisted by Mr. Gaurav Sharma HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA Judgment 11/11/2021 In this appeal filed by the Jaipur Vidyut Vitran Nigam Limited which is successor company of the Rajasthan State Electricity Board, the appellant has challenged the judgment of the learned Single Judge dated 26.03.2021.
Brief facts are that the respondent-workman was engaged as a Work Charge Helper in the Electricity Board in the year 1974. His services were terminated on 20.09.1976 which he challenged before the Labour Court. Labour Court by award dated 01.05.1986 directed his reinstatement with continuity and back-wages. He was (Downloaded on 17/11/2021 at 09:23:53 PM) (2 of 3) [SAW-801/2021] reinstated on 18.01.1989, however it appears that such appointment was treated as fresh. He was regularised in service on 25.03.1997 and granted regular pay scale. He retired on 28.02.2011 after which he filed a petition and complained that his regularisation was granted late. Learned Single Judge in the impugned judgment held that the workman should have been regularised with effect from 03.04.1984 i.e after completion of 10 years of service on notional basis. However since there was substantial delay in raising the claim, the learned Single Judge did not grant benefit of actual arrears of salary for the past period. However he granted two benefits, (i) that he will be treated permanent from 03.04.1984 and (ii) his services will be counted from the date he became entitle to semi-permanency i.e. two years after initial induction, in short with effect from 03.04.1976.
Having heard learned counsel for the parties and having perused the documents on record, insofar as the principal direction for granting permanency to the petitioner with effect from 03.04.1984 is concerned, we are not inclined to interfere. It is true that there was considerable delay on the part of the petitioner in approaching the Court regarding the date of the permanency granted by the Department on 25.03.1997. However, while giving limited benefit to the petitioner, the learned Single Judge has molded the relief by denying past benefits of arrears.
With respect to the direction for counting his service from the date he became semi-permanent i.e. 03.04.1976, we cannot countenance. Firstly, it is not clear that for what purpose his services would be counted. If it is to be counted for the purpose of pension, such direction is not supported by any document or material on record. Secondly, in any case the petitioner cannot (Downloaded on 17/11/2021 at 09:23:53 PM) (3 of 3) [SAW-801/2021] claim benefit of service prior to his regularisation unless and until the Government scheme or regulation so recognises.
Under these circumstances, while disposing of the appeal, it is clarified that petitioner shall have the date of regularisation from 03.04.1984, such regularisation would be for notional purpose without benefit of arrears of pay till retirement. His pension however will be reworked on the basis of this improved date of regularisation and the benefit of arrears and pension should be paid along with difference of gratuity, if any, as already directed by the learned Single Judge. It is clarified that any weightage of service prior to 03.04.1984 for the purpose of pensionary benefit, would be available only if the Government Rules and Regulations prevailing at the relevant time so recognise any such benefit.
With these observations and directions, the appeal is disposed of. These directions shall be carried out within a period of four months from today.
(REKHA BORANA),J (AKIL KURESHI),CJ
Kamlesh Kumar/N.Gandhi/10
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