Achala Ram vs The State Of Rajasthan
2021 Latest Caselaw 7187 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6249/2020

Achala Ram S/o Late Swaroopa Ram, Aged About 58 Years, R/o B-45 Saraswati Nagar, Jodhpur.

----Petitioner Versus The State Of Rajasthan, Through The Secretary Cum Commissioner, Deptt. Of Transport, Rajasthan, Jaipur.

----Respondent

For Petitioner(s) : Mr. Akshay Tiwari For Respondent(s) : Ms. Anjana Jawa

JUSTICE DINESH MEHTA

Order

15/03/2021

1. By way of the present writ petition, petitioner has challenged

the order dated 07.09.2015 (Annex.4) whereby the respondents

have stopped one grade increment with non-cumulative effect as

the petitioner has failed to achieve the target.

2. Learned counsel at the outset submits that the controversy

involved in the present writ petition is squarely covered by the

judgment dated 12.05.2008 by this Court rendered in case of

Murari Lal Mathur Vs. State of Rajasthan & Anr. (SBCWP

No.6350/2003).

3. Ms. Anjana Jawa, learned counsel appearing for the

respondents is not in a position to dispute the aforesaid position of

facts and law.

4. The order imposing penalty upon the petitoner for non-

fuflillment of target is clearly contrary to the judgment and law

(2 of 2) [CW-6249/2020]

laid down by this Court. The present writ petition, therefore,

succeeds.

5. Impugned order dated 07.09.2015 is hereby quashed.

6. Respondents are directed to refix petitioner's salary and pay

the arrears in accordance with law, preferably within a period of

twelve weeks from today.

(DINESH MEHTA),J 426-Amar/-

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