Krishan Murari Sharma S/O Shri ... vs Nagar Nigam, Kota

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 19398/2019
Krishan Murari Sharma S/o Shri Moolchand Sharma, Aged About
76   Years,   By    Caste    Brahmin,         R/o      1/44,    Ganesh   Talab,
Dadabari,kota (Rajasthan)
                                                                  ----Petitioner
                                   Versus
Nagar Nigam, Kota, Through Its Chief Executive Officer, Nagar
Nigam, Kota (Rajasthan)
                                                                ---Respondent

For Petitioner(s) : Mr. Pankaj Pratap Singh Raghuvanshi For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH Order 07/04/2022 This writ petition has been filed by the petitioner with the following prayer:-

"It is, therefore, humbly prayed that your lordship may graciously be pleased to call for the entire record of the respondent corporation pertaining to the case of the petitioner, examining the same in detail, accept and allow this writ petition, and further this Hon'ble Court be pleased to:- a. By an appropriate writ, order directions, declare action of respondent in depriving petitioner of his right to benefits given to other persons to be wholly illegal, arbitrary, unreasonable, unjustified & unconstitutional.

b. By an appropriate writ, order direction, declare petitioner entitled for benefits given to other persons such as regular pay scales, fixation of pay, awarding him seniority and all other consequential service benefits such as arrears of pay etc and promotional benefits after 6 months from the date of his initial appointment 26.12.68 on the post of Mistri (daily wages basis);

(2 of 2) [CW-19398/2019] c. Pass any other appropriate relief, which this Hon'ble Court deems fit in favour of the petitioner, may also be passed."

The prayer made by the petitioner in this writ petition is that the services of the petitioner be regularised after completion of six months from the date of his initial appointment i.e. 21.12.1968/26.12.1968. Prior to filing of the present writ petition, the petitioner filed a Civil Suit No.393/1992 which was partly decreed by the learned trial Court vide judgment and decree dated 10.08.2001 whereby it was held that the petitioner is entitled for confirmation on the post of 'Mistri' from 13.02.1992, thereafter the petitioner retired from the service on 31.07.2001 and accordingly the respondents have issued the pension payment order in favour of the petitioner.

Neither the petitioner nor the respondents have challenged the judgment and decree dated 10.08.2001 passed by the learned trial Court, therefore, in my considered view, no illegality has been committed by the respondents in issuing the pension payment order in compliance of the judgment and decree dated 10.08.2001, counting the service period of the petitioner on the post of 'Mistri'.

In that view of the matter, this writ petition stands dismissed.

(INDERJEET SINGH),J JYOTI /37 (Downloaded on 11/04/2022 at 08:58:21 PM) Powered by TCPDF (www.tcpdf.org)