Rajasthan High Court

Krishna Gopal Sharma And Ors vs Rajhans Upadhyay And Ors on 20 December, 2021

Bench: Sanjeev Prakash Sharma

                                          (1 of 5)                    [CCP-1687/2017]


       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Contempt Petition No.1687/2017

1.     Krishan Gopal Sharma S/o Shri Madan Lal Sharma, R/o A
       117, Vaishali Nagar, Jaipur.
2.     Sandesh Trivedi S/o Late Shri Ashok Kumar, R/o House
       No. 13, Chitrakoot Colony, Makad Wali Gali, Ajmer.
3.     Hari Shankar Mewara S/o Shri Kanhiya Lal, R/o 13, H.b.
       Nagar, Naka Madar, Ajmer.
4.     Ajay Agrwal S/o Shri Ramesh Chandra Agrwal, R/o
       431/11, Basant Vihar, Kacheri Road, Ajmer.
5.     Atul Chaudhary S/o Shri Amit Chaudhary, R/o C 980,
       Panchsheel Vaishali Nagar, Ajmer.
6.     Mukesh Gupta S/o Shri Laxmi Chand Gupta, R/o Plot No.
       2, H.b. Nagar Extension, Naka Madar, Ajmer.
                                                                     ----Petitioners
                                     Versus
1.     Rajhans Upadhyay, I.a.s. Principal Secretary To The
       Government,         Higher       And      Technical        Education,   Gov,
       Secretariat, Bhagwan Das Road, Jaipur.
2.     Rajhans Upadhyay, I.a.s., Chairman, Executive Council Of
       Engineering College Society, Engineering C, Ajmer.
3.     The    State     Of       Rajasthan,       Through         Additional   Chief
       Secretary      / Principal        Secretary,        Higher     And Techni,
       Secretariat, Bhagwan Das Road, Jaipur.
                                                                  ----Respondents

For Petitioner(s)            :    Mr. R.C. Joshi
For Respondent(s)            :    Mr. C.L. Saini, AAG

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

20/12/2021

Non-compliance of the judgment dated 11.01.2017 wherein

this court has passed the following order:-

(2 of 5) [CCP-1687/2017]

"The petitioner has filed this writ petition making the

following prayers:-

i. The respondents be directed to make the payment of salary to the petitioners in the pay scale prescibed by AICTE i.e. 8000-13500 from the date of their initial appointment after deducting the amount already paid;

ii. The respondents be directed to make the payment of salary to the petitioner No. 1 and 3 in the regular pay scale prescribed for the post of Readers from the date they were appointed as Readers in the respondent College;

iii. The Hon'ble court may be pleased to declare that the appointment of petitionerd No. 1 and 3 on the post of Reader on contract basis after regular selection by selection committee is illegal;

iv. The respondent by directed to issue confirmation orders as per law in favour of the petitioners;

v. Respondents No. 1 and 2 be directed to remove the respondent No. 3 from the post of Principal, Engineering College, Ajmer.

vi. Any other relief to which the petitioners are found entitled for may be granted to them vii. The writ petition be allowed with costs.

The counsel for the petitioner fairly admits that prayer no. 2 to 6 have been already granted to him and only prayer no. 1 remains to be adjudicated. The petitioner has argued that the payment of the salary to the petitioner in the pay-scale prescribed by AICTE from the date of initial appointment has not been made on account of the service period being on probation. It has now been held in the case of Gopal Kumawat Vs. State of Rajasthan that the payment of salary and consequential allowances shall also be made for the period of the probation for all regular employees. The counsel for the petitioner also drew attention to the Judgment passed in Dr. Aruna Chaudhary Vs. University of Rajasthan in S.B. Civil Writ Petition No. 14556/2016 in which the following paragraphs are relevant:-

(3 of 5) [CCP-1687/2017]

"Thus, the respondent University is bound by the ratio of law laid by the Supreme Court in State of Punjab V. Jagjit Singh (supra).

In view of law laid by the Division Bench of this Court in the case of Gopal Kumawat V. State of Rajasthan & Ors. (supra) any by the Supreme Court in the case of State of Punjab V. Jagjit Singh (supra), present petition is allowed. Respondent University is directed to pay salary to the petitioner as per regular scale forthwith. Petitioner shall be paid arrears of salary within a period of three months from the date of receipt of certified copy of this order."

The counsel for the respondents does not dispute the fact that there is a Judgment in the case of Gopal Kumawat V. State of Rajasthan (supra) in which it has been decided that the regular pay-scales have to be paid to the regular employees during the probation period. However, the counsel for the respondents states that the SLP is pending before the Hon'ble Apex Court and therefore, the Judgment of Gopal Kumawat has not acquired finality.

On the basis of aforesaid discussions, this court is of the view that in light of the law laid down in the Hon'ble Division Bench of this court in the case of Gopal Kumawat Vs. State of Rajasthan and by the Hon'ble Supreme Court in the case of State of Punjab Vs. Jagjit Singh, the personal prayer no. 1 of the petitioner deserves to be allowed. The respondents are therefore, directed to grant the regular pay-scale forthwith. The petitioner shall be paid all the consequential benefits within a period of 3 months from furnishing the certified copy of this Judgment.

The writ petition is accordingly allowed. The application for deletion of respondent no. 1 is dismissed as it is clear that the respondent no. 1 is the member chairman of the executive council and thereby has a substantial control over the services of the petitioner."

                                         (4 of 5)                [CCP-1687/2017]



     Learned    counsel    for    the     respondents-contemnors         upon

notices having been issued, has pointed out that the judgment

relied upon by this court namely Gopal Kumawat Versus State

of Rajasthan is under challenge before the Supreme Court in SLP

No.25565/2015. On 20.09.2016, the Supreme Court on I.A. being

moved in the said SLP passed the following order:-

"On being mentioned by Mr. Ranjit Kumar, learned Solicitor General of India, the matter is taken on Board.

This is an application for stay of the contempt proceedings in Civil Contempt Petition No.1085 of 2016 in D.B. Civil Writ Petition No.2963/2007 pending before the High Court of Rajasthan.

Having heard Mr. Ranjit Kumar, learned Solicitor General for the State of Rajasthan and Mr. Mukul Kumar, learned counsel for the respondent, it is directed that further proceedings in Civil Contempt Petition No.1085 of 2016 in D.B. Civil Writ Petition No.2963/2007 pending before the High Court of Rajasthan shall remain stayed until further orders.