Chhitar Mal Bunkar vs State Of Rajasthan
2021 Latest Caselaw 18895 Raj

(1 of 2) [CW-13714/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13714/2020

Chhitar Mal Bunkar S/o Ramchandra Verma, Aged About 59 Years, House No.126, Gyatri Nagar, Bhilwara, District Bhilwara (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Govt. Of Rajasthan, Jaipur.

2. The Chief Executive Officer, Zila Parishad Bhilwara, District Bhilwara.

3. The Vikas Adhikari, Panchayati Samiti Suwana, District Bhilwara.

----Respondents

For Petitioner(s) : Mr. J.S. Bhaleria. For Respondent(s) : Mr. K.K. Bissa, AGC.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

13/12/2021

Mr. Bhaleria, learned counsel for the petitioner, at the outset

submits that the issue involved in the present writ petition is

squarely covered by a decision dated 12.04.2017, rendered

byJaipur Bench of this Court in SBCWP No.5400/2015 (Rajkumar

Agarwal Vs. State of Rajasthan), wherein this Court has held that

the decision of the respondents is detrimental to the petitioner's

rights with respect to grant of pay protection.

Mr. K.K. Bissa, learned counsel for the respondents, is not in

a position to dispute the above referred position of facts and law.

(2 of 2) [CW-13714/2020]

In view of the aforesaid, following the judgment of this Court

in Rajkumar Agarwal's case (supra), the present petitions are

allowed. It is declared that the petitioner shall be entitled for

protection of their pay, which they were having prior to his

absorption as Gram Sevak in the respondent Panchayat

Department.

The respondents shall pass consequential order in light of the

above, within a period of eight weeks from today.

The stay applications also stand disposed of accordingly.

(ARUN BHANSALI),J

143-PKS/-

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