Rajasthan High Court
Tiju Devi Widow Of Late Shri ... vs Principal Secretary, State ... on 16 November, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2912/2021
1. Tiju Devi Widow of Late Shri Jivanram, Aged 60 Years,
Resident Of Village Ramsawas, Post - Khatiya Basani,
Tehsil - Deedwana, District - Nagaur (Raj.)
2. Tulachhi Devi Widow of Late Shri Poornaram Bhargawa,
Aged 64 Years, Resident Of Village Nimbi Khurd, Tehsil -
Deedwana, District - Nagaur (Raj.)
3. Sohani Devi Widow Of Late Shri Kanaram, Aged 71 Years,
Resident Of Bala Ke Pass Baliya, Tehsil - Deedwana,
District - Nagaur (Raj.)
4. Tulsiram Son Of Shri Jeewanram, Aged 66 Years, Resident
Of Village Elichapura Kalwani, Tehsil - Deedwana, District
- Nagaur (Raj.)
5. Balu Ram Son Of Shri Gopi Ram, Aged 66 Years, Resident
Of Village Kayastha Basni, Tehsil - Deedwana, District -
Nagaur (Raj.)
----Petitioners
Versus
1. Principal Secretary, State Enterprises Department,
Government Of Rajasthan, Secretariat, Jaipur (Raj.)
2. Principal Secretary, General Administrative Department,
Government Of Rajasthan, Secretariat, Jaipur (Raj.)
3. Principal Secretary, Public Health Engineering
Department, Government Of Rajasthan, Secretariat,
Jaipur (Raj.)
4. Secretary, Medical And Health, Government Of Rajasthan,
Secretariat, Jaipur (Raj.)
5. Secretary, Finance Department, Government Of
Rajasthan, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Mukesh Kumar Verma
For Respondent(s) : Mr. Prashant Vijay on behalf of
Mr. Rohit Choudhary Dy.G.C.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
(2 of 4) [CW-2912/2021]
Order
16/11/2021
Application(2/2021) filed for impleading wife of deceased
petitioner No.4 as his legal representative, which is not opposed
by learned counsel for the respondents, the same is allowed for
the reasons stated therein. Smt. Chatri Devi is permitted to be
taken on record as legal representative of deceased petitioner
No.4. The amended cause-title appended with the application is
taken on record.
At the request of learned counsel for the respective parties,
the writ petition was heard on its merits today itself.
In the writ petition, the petitioners have prayed for making
suitable and correct entries in their service books or of their
husbands qua revised pay scale w.e.f. 01.09.1976, to issue last
pay certificate accordingly and to release all the consequential
benefits with arrears.
Learned counsel for the respective parties submit that the
controversy involved herein is no more res integra and stands
resolved by a judgment passed by Co-ordinate Bench of this Court
dated 17.08.2021 in S.B. Civil Writ Petition No. 26347/2018
[Om Prakash & Ors. Vs. Principal Secretary & Ors.], which,
in turn is based on another Co-ordinate Bench judgement of this
Court dated 13.04.2017 passed in S.B. Civil Writ Petition No.
11104/2016 [Panchu Ram Vs. Principal Secretary & Ors.]
and pray for disposal of the instant writ petition in the same
terms.
In Panchu Ram's case (supra) it was held as under:
(3 of 4) [CW-2912/2021]
"Both the counsel agree that the issue
involved in this present writ petition is no
more res integra and the directions issued in
S.B.Civil Writ Petition No.8727/2004 dated
7th January, 2015 in the similar cases
preferred by Chandra Ram & Ors. Vs.
Rajasthan Civil Services & Ors. be also made
applicable to the petitioner.
The case of the petitioner that he was
originally working as helper in the Rajasthan
State Chemicals Works Deedwana, which was
a State enterprise to the pay scale of helper
in 1976. The pay scale of the post was
revised to 245-310 whereas in other
departments, the pay scale was 250-360.
The Labour Court passed an award holding
that the petitioner and similarly placed
helpers working on the said concerned would
also be entitled to be fixed in the pay scale of
250-360. But in the meanwhile the said
concern was closed and the petitioner and
similarly placed helpers were declared
surplus and absorbed as class IV employee in
various departments. However, the pay was
protected. In view thereof, it was necessary
that the revision of petitioner's pay on the
earlier post was required to be made and last
pay certificate is required to be issued so
that accordingly pay would be fixed on the
post of Class-IV, but the said LPC was not
issued. This Court in the aforesaid writ
petition has directed as under:
"I have considered the
submissions made by learned
counsel and find no ground to
recall the order, as it was passed
after considering the fact,
though liberty was given for
making an application. The
alternative prayer of learned
counsel is, however, accepted
and the application is disposed of
with the direction to the
respondent/s to issue Last Pay
Certificate based on revised pay
scale, if it has not yet been
issued. The respondents are
given liberty to make an
application for recalling of this
order if any difficulty arises in
carrying out the direction above
or otherwise."
The petitioner has already attained
superannuation. It is therefore now directed
that the respondent would conduct an
exercise after issuing LPC of the last post
which he was holding as Helper in Rajasthan
(4 of 4) [CW-2912/2021]
State Chemicals Works Deedwana and
accordingly revise his pay and make his pay
fixation. Further, the arrears shall also be
calculated and the last pay on the date when
he attained retirement, shall also be
accordingly revised and on the basis thereof
pension and retiral benefits would also be
released by revising the pension and gratuity.
The entire exercise as stated above shall be
conducted within a period of three months
from the date of submission of certified copy
of this order to the office of the respondent
by the petitioner.
The writ petition is accordingly allowed.
No costs."
Taking into consideration the submissions advanced by
learned counsel for the respective parties as also the directions of
this Court in Panchu Ram's case (supra), this writ petition is
disposed of in view of the directions issued in the case of Panchu
Ram (supra), which shall mutatis mutandis apply in respect of
petitioners also.
(MAHENDAR KUMAR GOYAL),J
AARZOO ARORA /37
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