Rajasthan High Court - Jodhpur
Dr. Vaishali Biradar And Ors vs State Of Raj. And Ors on 15 March, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 425/2013
1. Dr. Vaishali Biradar D/o Tribak Rao Biradar, Aged about 38
years, R/o District Dignostic Laboratory Jaisalmer, Rajasthan
2. Dr. Sanjay Tawre S/o Bhagwan Rao Tawre, Aged about 40
years, R/o Veterinary Hospital Jawal, Dist - Sirohi Raj.
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Department of
Animal Husbandry, Government of Rajsthan, Jaipur, Rajasthan.
2. Deputy Secretary, Department of Animal Husbandry,
Government of Rajasthan, Jaipur, Rajasthan.
3. Director, Department of Animal Husbandry, Rajasthan,
Directorate of Animal Husbandry, Tonk Road, Jaipur, Rajasthan.
----Respondent
For Petitioner(s) : Mr. BS Deora
For Respondent(s) : Mr. Deo Dutta Kalla
JUSTICE DINESH MEHTA
Order
15/03/2021
Learned counsel for the petitioners submits that the
controversy involved in the instant writ petition stands resolved in
view of the adjudication made by a Division Bench of this Court in
SB Civil Writ Petition No.2963/2007 (Gopal Kumawat Vs. State of
Rajasthan & Ors.), decided on 29th July, 2015, holding thus :
"32. In the present case, no material has been placed
before us, nor any plea has been taken in the reply
that the probationers, during the period of their
probation, do not perform the same duties and
responsibilities and are not required to carry out the
same functions as confirmed employees.
(2 of 3) [CW-425/2013]
33. We find the practice of payment of fixed
remuneration without any allowances and benefit of
increments to the probationers, who were appointed
after adopting the regular selection process, on
substantive posts, or even after following the
selection process on ad hoc basis, as well as all those
employees who are appointed on substantive posts,
to be wholly illegal and arbitrary, and pernicious
practice of forced labour.
34. We find no justification for the State Government,
to adopt the practice of paying fixed remuneration to
the probationers, which is not prevalent, either in the
Central Government, or in any other States in the
country. The Government of Rajasthan has adopted
this evil practice of forced labour for its employees,
taking advantage of the attraction of the Government
service. The Notifications dated 13.03.2006,
amending the Rules, are thus, declared to be
unconstitutional, being violative of Article 14, 16, 21,
23 and 38 of the Constitution of India, and against
the conscience of the Constitution of India.
35. The writ petition is allowed. The Notification dated
13.03.2006, amending the Rajasthan Service Rules,
1951, and the Notification of the same date i.e.
13.03.2006, amending the Rajasthan Civil
Services(Revised Pay Scale) Rules, 1998- Fixed
remuneration to probationer trainees, are hereby
quashed. The State-respondents are directed to pay
the entire differential amount of regular pay scale and
allowances to the petitioner, after deducting the
amount of fixed remuneration paid to him during the
period of probation."
In case, the claim of the petitioners is found to be covered
by the adjudication referred to hereinabove; the petitioners be
also allowed the same benefits.
(3 of 3) [CW-425/2013]
Needless to observe that the rights of the parties would be
governed by the final adjudication on SLP pending before the Apex
Court of the land wherein judgment in the case of Gopal Kumawat
(supra), is under challenge.
In the result, the writ petition is disposed of in the light of
the judgment of the Division Bench of this Court dated 29 th July,
2015, in the case of Gopal Kumawat (supra).
Accordingly, the petitioners are entitled to full salary for the
period of probation; subject to adjudication on the SLP pending
before the Apex Court of the land which would govern the rights of
the parties.
(DINESH MEHTA),J
433-Amar/-
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