Kanhaiya Lal Kalra Son Of Late Shri ... vs State Of Rajasthan
2021 Latest Caselaw 3480 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

       D.B. Civil Special Appeal (Writ) No. 387/2021

                                      in

             S.B. Civil Writ Petition No. 1807/2017

1.   Kanhaiya Lal Kalra Son Of Late Shri J.r. Kalra, Aged About
     64 Years, Resident Of Flat No. 453, Block-I, New
     Generation       Apartment,           Village       Dhakauli,     Zirakpur
     (Punjab)
2.   Rajendra Kumar Saraswat Son Of Shri Chandra Bhan
     Saraswat, Aged About 64 Years, Resident Of 44, Ashok
     Nagar, Agra (Up ) - 282002
3.   Naresh Kumar Son Of Late Shri Gordhan Dass, Aged
     About 64 Years, Resident Of Flat No. A-602, Pinnacle
     Tower, Ahinsa Khand-2, Indrapuram, Gaziabad (Up) -
     201014
4.   Kalimuddin Son Of Shri Mohd. Dadu Ali, Aged About 67
     Years, Resident Of Patiala Palace, Millat Colony, Pelawal
     Road,    Near     Union       Bank,       P/o      Pelawal     Hazaribagh,
     Jharkhand - 825301
5.   Jasvendra Singh Birdi Son Of Shri Balwant Singh, Aged
     About 69 Years, Resident Of Flat No. I-3/404, Maya
     Garden City, Zirakpur, District Mohali (Punjab) - 140603
6.   Shingara Singh Son Of Shri Sardar Ram Singh, (Now
     Deceased)
7.   Paramji Kaur Wife Of Late Shingara Singh, Resident Of
     House No. 836, Sector-78, Sas Nagar (Mohali), Punjab -
     160055
                                                                  ----Appellants
                                  Versus
1.   State    Of     Rajasthan,            Through        Pr.     Secretary   To
     Government,         Energy        Department,              Government    Of
     Rajasthan, Government Secretariat, Jaipur (Raj.)
2.   Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Vidyut
     Bhawan, Jan Path, Jaipur (Raj.) Through Its Chairman
     And Managing Director
                                                                ----Respondents

                                            (2 of 8)                       [SAW-387/2021]


                               Connected With

D.B. Special Appeal Writ No. 333/2021 in S.B. Civil Writ Petition No. 9120/2017 Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Vidyut Bhawan, Jan Path, Jaipur, Rajasthan Through Its Chairman And Managing Director

----Appellant Versus

1. Prabhat Narain Singhal Son Of Late Shri Gajendra Narain Singhal, Resident Of E-36, Second Floor, Suncity, Sector- 54, Gurgaon- 122011 Haryana

2. State Of Rajasthan, Through Pr. Secretary To Government, Energy Department, Government Of Rajasthan, Government Secretariat, Jaipur Rajasthan

----Respondents D.B. Special Appeal Writ No. 369/2021 in S.B. Civil Writ Petition No. 10901/2017 Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Vidyut Bhawan, Jan Path, Jaipur, Rajasthan Through Its Chairman And Managing Director

----Appellant Versus

1. Suresh Chandra Mathur Son Of Shri Durga Prasad, Resident Of 1-Ga-8, Jawahar Nagar, Jaipur, Rajasthan- 302004

2. Hemendra Kumar Kaushik Son Of Shri B.N. Kaushik, Resident Of H-40, Tagore Path, Bani Park, Jaipur, Rajasthan

3. Muti Mohammad Khan Son Of Shri Mohd. Mustafa Khan, Resident Of Plot No. 57, Dwarikapuri, Goner Road, Behind Bal Aashram, Jaipur, Rajasthan

4. S.c. Bhasin Son Of Late Shri Desraj Bhasin, Resident Of House No.4, Dwarikapuri, Gms Road, Dehradun, Uttrakhand-248001

5. State Of Rajasthan, Through Pr. Secretary To Government, Energy Department, Government Of

(3 of 8) [SAW-387/2021]

Rajasthan, Government Secretariat, Jaipur Rajasthan

----Respondents D.B. Special Appeal Writ No. 370/2021 in S.B. Civil Writ Petition No. 1807/2017 Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Vidhyut Bhawan, Jan Path, Jaipur, Rajasthan, Through Its Chairman And Managing Dirctror

----Appellant Versus

1. Kanhaiya Lal Kalra Son Of Late Shri J.R. Kalra, Flat No. 453, Block 1 New Generation Apartment, Village Dhakauli, Zirakpur Punjab

2. Rajendra Kumar Saraswat Son Of Shri Chandra Bhan Saraswat, Aged About 444 Years, Ashok Nagar, Agra Up 282002

3. Naresh Kumar Son Of Late Shri Gordhan Dass, Flat No. A-

602, Pinnacle Tower, Ahinsa Khand-2, Indrapuram Ghaziabad Up 20101

4. Kalimuddin Son Of Shri Mohd. Dadu Ali, Patiala Palace, Millat Colony, Pelawal Road, Near Union Bank, P/o Pelawal Hazaribagh, Jharkhand 825301

5. Jasvendra Singh Birdi Son Of Shri Balwant Singh, Flat No. 1-3/404, Maya Garden City, Zirakpur District Mohali Punjab 140603

6. Shingara Singh Son Of Shri Sardar Ram Singh, (Now Deceased)

7. Paramji Kaur W/o Late Shri Shingara Singh, Aged About 72 Years, R/o House No. 836, Sector -78, Sas Nagar, (Mohali) Punjab 160055

8. State Of Rajasthan, Through Pr. Secretary To Government Energy Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan

----Respondents D.B. Civil Special Appeal (Writ) No. 388/2021 in S.B. Civil Writ Petition No. 10901/2017

1. Suresh Chandra Mathur Son Of Shri Durga Prasad, Aged

(4 of 8) [SAW-387/2021]

About 71 Years, Resident Of 1-Ga-8, Jawahar Nagar, Jaipur (Raj.) - 302004

2. Hemendra Kumar Kaushik Son Of Shri B.N. Kaushik, Aged About 67 Years, Resident Of H-40, Tagore Path, Bani Park, Jaipur (Raj.)

3. Muti Mohammad Khan Son Of Shri Mohd. Mustafa Khan, Aged About 70 Years, Resident Of Plot No. 57, Dwarikapuri, Goner Road, Behind Bal Aashram, Jaipur (Raj.)

4. S.c. Bhasin Son Of Late Shri Desraj Bhasin, Aged About 71 Years, Resident Of House No. 4, Dwarikapuri, Gms Road, Dehradun (Uttrakhand) 248001

----Appellants Versus

1. State Of Rajasthan, Through Pr. Secretary To Government, Energy Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Vidyut Bhawan, Jan Path, Jaipur (Raj.) Through Its Chairman And Managing Director.

----Respondents D.B. Civil Special Appeal (Writ) No. 391/2021 in S.B. Civil Writ Petition No. 9120/2017 Prabhat Narain Singhal Son Of Late Shri Gajendra Narain Singhal, Aged About 73 Years, Resident Of E-36, Second Floor, Suncity, Sector-54,gurgaon - 122011 (Haryana)

----Appellant Versus

1. State Of Raj And Anr, Through Pr. Secretary To Government, Energy Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Vidyut Bhawan, Jan Path, Jaipur (Raj.) Through Its Chairman And Managing Director

----Respondents

For Appellant / : Mr. Ajay Gupta, Advocate with Mr.

(5 of 8) [SAW-387/2021]

Employees Deven Pareek, Advocate For Respondent / : Mr. Ashok Mehta, Senior Advocate Nigam with Mr. Mudit Singhvi, Advocate

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

06/08/2021

Vide this order, above mentioned appeals would be

disposed of, as they have arisen out of common order dated

8.12.2020 passed by the learned Single Judge.

The operative part of the impugned order reads as

under:-

"16. Keeping in view the above, this Court limits the relief to the extent of directing the respondents to make pay fixation as per the last pay drawn and after making fixation of pension and other retiral benefits, the payment of arrears shall be only three years before the date of filing of the respective writ petitions or from the date of demand to the date of writ petitions whichever is lesser, no interest would be payable in the circumstances. However, the difference of amount of gratuity, which shall be payable after fixation under the revised pay, shall be released. The same will also not carry any interest. The compliance of the aforesaid order shall be made within a period of four months from today. If the compliance is not made within four months, the petitioners would also be entitled to receive interest on the arrears from the date of the filing of the writ petitions.

17. In view of above, the writ petitions are allowed. All the pending applications also stand disposed off."

Hence, appeals have been filed by the

appellants/employees challenging the part of the order, whereby

the payment of interest on the arrears of retiral benefits was

declined to them and the respondent Rajasthan Rajya Vidyut

Prasaran Nigam Ltd. (hereinafter referred to as 'Nigam') has filed

(6 of 8) [SAW-387/2021]

the appeals challenging the impugned order, whereby, the writ

petitions filed by the appellants/employees were allowed.

Appellants/employees before the learned Single Judge

had filed the writ petitions alleging that they were initially

appointed with erstwhile Rajasthan State Electricity Board and

thereafter, their services were transferred to Bhakra Beas

Management Board (hereinafter referred to as 'BBMB').

Appellants/employees attained superannuation while they were

working with BBMB. Appellants were treated as employees of

Rajasthan State Electricity Board while they were working with the

BBMB. Appellants/employees after superannuation prayed that

their pension was liable to be fixed under Rajasthan Pension Rules,

1996.

Learned counsel for the appellants/employees has

submitted that their case was covered by the decision given by

this Court in State of Rajasthan vs. Darbari Lal & Anr [D.B.

Civil Special Appeal No.119/2009] decided on 29.10.2014

alongwith other connected matters and covered by the decision

given by this Court in the case of P.C. Gandhi vs. State of

Rajasthan [S.B. Civil Writ Petition No. 620/1993] decided on

1.5.1999. Learned counsel has further submitted that the learned

Single Judge has erred in declining the relief qua payment of

interest to them.

Learned counsel for the respondent - Nigam, on the

other hand, has submitted that the decision passed by this Court

in P.C. Gandhi's case (supra) was based on decision given by the

Punjab and Haryana High Court in the case of Nirmal Singh vs.

State of Pujab [CWP No. 6768/1996] decided on 10.12.1996,

(7 of 8) [SAW-387/2021]

whereas, the said decision was not applicable to the employees

working in State of Rajasthan.

A perusal of the decision given by the co-ordinate

Division Bench of this Court in Darbari Lal's case (supra) reveals

that similarly situated employees from irrigation department had

claimed fixation of pension in terms of Rajasthan Pension Rules,

1996. It was noticed that legal position with regard to transfer of

employees from the State of Rajasthan and the State of Punjab

and Haryana was considered and explained by the court in P.C.

Gandhi's case (supra). It was further observed that the learned

Single Judge had not committed any error in following the

judgment of P.C.Gandhi's case (supra) and allowing the same

relief to the respondents.

In P.C. Gandhi's case (supra), the writ petition filed by

the employee was allowed with the direction that his retiral

benefits be computed on the basis of last pay drawn in BBMB and

the difference of amount so calculated should be disbursed to the

employee within a period of four months.

Thus, so far as the writ petitions filed by the employees

in the present case are concerned, they were covered by the

decision given by this Court in Darbari Lal's case (supra) as well as

P.C. Gandhi's case (supra). In this factual background, there is no

force in the arguments raised by the learned counsel for the

Nigam. Hence, the appeals filed by the Nigam are liable to be

dismissed.

The next question that arises for consideration is as to

whether the appellants/employees would be entitled to receive

interest on the difference of amount which is liable to be paid to

them on account of re-calculation of retiral benefits.

(8 of 8) [SAW-387/2021]

Keeping in view the fact that the employees had

approached this Court at a belated stage, the learned Single Judge

had rightly declined the relief of interest on payment of arrears.

Consequently, all the appeals stand dismissed.

(CHANDRA KUMAR SONGARA),J (SABINA),J

Anil Makwana /34-39

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