HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4284/2014
Ganpat Ram Jat S/o Late Shri Bholu Ram Jat, aged about 61
years, resident of Ward No.6, Krishna Vihar Colony, Renwal
Road, Chomu, District Jaipur.
----Petitioner
Versus
1. The State of Rajasthan through Principal Secretary,
Department of Rural Development and Panchayatiraj,
Government Secretariat, Jaipur.
2. Chief Executive Officer, Zila Parishad, Jaipur.
3. Development Officer, Panchayat Samiti, Govindgarh, Jaipur.
----Respondents
For Petitioner(s) : Mr.Ashwini Jaiman
For Respondent(s) : Mr.Pradeep Kalwania, Government
Counsel with Ms.Anita Goyal
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
02/01/2023
The matter comes up on an application, filed by the petitioner, to decide the present writ petition in view of the order dated 13th April, 2022 passed in SB Civil Writ Petition No.4307/2014 (Om Prakash Pathak Vs. State of Rajasthan & Ors.).
Learned counsel for the petitioner submitted that the petitioner, in the instant writ petition, has challenged the order dated 19th February, 2014, whereby the respondents had issued an order of recovery from the emoluments, paid to the petitioner.
Learned counsel for the petitioner submitted that in the same impugned order dated 19 th February, 2014, the other (Downloaded on 04/01/2023 at 09:02:05 PM) (2 of 4) [CW-4284/2014] incumbent - Om Prakash Pathak is at serial No.2 and his writ petition has been allowed by the Coordinate Bench of this Court by placing reliance on the judgments passed in the cases of Rajkumar Agrawal Vs. State of Rajasthan & Ors. (SB Civil Writ Petition No.5400/2015) and Pradeep Kumar Sharma Vs. State of Rajasthan & Ors. (SB Civil Writ Petition No.25507/2018) as well as Giriraj Kishore Soni Vs. State of Rajasthan & Ors. (SB Civil Writ Petition No.6652/2012).
Learned counsel submitted that the Coordinate Bench of this Court in the case of Rajkumar Agrawal (supra) has set aside the order dated 09th March, 2012 qua that petitioner only and as such, in the present case, the petitioner is also required to be treated similarly and the impugned order, in the present writ petition, needs to be set aside by this Court.
Learned counsel further submitted that on the basis of order passed in the case of Rajkumar Agrawal (supra), the Coordinate Bench of this Court in the cases of Pradeep Kumar Sharma (supra) and Giriraj Kishore Soni (supra) has also granted similar relief and rather had given directions to apply the judgment of Rajkumar Agrawal (supra) in rem in respect of those persons, who are absorbed as Gram Sewak from other departments and were drawing higher pay scale previously before absorption.
Learned Government Counsel - Mr.Pradeep Kalwania, appearing for the respondents, submits that the State Government has decided to implement the judgment passed by the Coordinate Bench of this Court in the case of Rajkumar Agrawal (supra) and as such, the State has constituted a committee of different officers to decide these cases. (Downloaded on 04/01/2023 at 09:02:05 PM)
(3 of 4) [CW-4284/2014] Learned counsel submitted that as such this Court may refer the case of the present petitioner to the said committee, which has been constituted by the State Government, vide order dated 31st December, 2021.
I have considered the submissions made by learned counsel for the parties and perused the material available on record.
This Court finds that the other incumbent - Om Prakash Pathak, who is also mentioned at serial No.2 in the impugned order dated 19th February, 2014, challenged in the present writ petition and his petition being SB Civil Writ Petition No.4307/2014 (OM Prakash Pathak Vs. State of Rajasthan & Ors.) has already been decided by the Coordinate Bench of this Court vide order dated 13th April, 2022.
This Court further finds that the issue with regard to grant of pay scale to Gram Sewak, who have been absorbed from the different departments, has already been finally settled by the Coordinate Bench of this Court in the case of Rajkumar Agrawal (supra) and as such, it is no more open to learned counsel for the respondents to dispute that the petitioner is not entitled to be protected in respect of the pay scale on the post of Gram Sewak.
This Court further finds that formation of the committee by the State Government by treating the judgment of Rajkumar Agrawal (supra) as judgment in rem, will not be of any assistance to learned counsel for the respondents, as the Coordinate Bench of this Court, on 13th April, 2022, has passed the order in the case of Om Prakash Pathak (supra) by quashing the recovery order dated 19th February, 2014.
This Court, accordingly, finds that the writ petition of the present petitioner is also required to be allowed. (Downloaded on 04/01/2023 at 09:02:05 PM)
(4 of 4) [CW-4284/2014] Accordingly, the order dated 19th February, 2014 is quashed and set aside. The consequential benefits, accruing from the result of setting aside the order dated 19 th February, 2014, will follow and the respondents are directed to confer the necessary consequential benefits to the petitioner within a period of six weeks from the date of receipt of copy of this order.
With the aforesaid direction, the present writ petition stands allowed.
(ASHOK KUMAR GAUR),J Preeti Asopa /39 (Downloaded on 04/01/2023 at 09:02:05 PM) Powered by TCPDF (www.tcpdf.org)