Rajasthan High Court - Jodhpur
Baiju Lal vs State Of Rajasthan on 4 October, 2021
Bench: Arun Bhansali
(1 of 3) [CW-13790/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13790/2021
Baiju Lal S/o Shri Narayan Lal, Aged About 57 Years, By Caste
Prajapat, Resident Of Village Bhukhredi, Tehsil Ratangarh,
District Churu (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary To The
Government, Department Of Home, Government Of
Rajasthan, Secretariat, Jaipur.
2. Director General Of Police, Rajasthan, Jaipur.
3. Superintendent Of Police, Churu.
----Respondents
For Petitioner(s) : Mr. N.R. Choudhary
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
04/10/2021
Learned counsel for the petitioner, at the very outset,
submits that the controversy raised in the instant writ application
stands resolved in view of the adjudication made by a Co-ordinate
Bench of this Court in case of Sardar Mal Vs. State of Rajasthan &
Ors.: SBCWP No. 9772/2011, decided on 7th August, 2012 and
Man Singh Hada and Ors. Vs. State of Rajasthan & Anr.: SBCWP
No. 8124/2012, decided on 28th January, 2014.
It is further contended that a Division Bench of this Court
has also observed in the case of Brij Lal Bundel Vs. State and Anr.,
that if the order of suspension is revoked and the employee is
reinstated in service, he, as per Rule 29 of the Rajasthan Service
Rules, is entitled to annual grade increments. Reference is also
(2 of 3) [CW-13790/2021]
made to the adjudication by a Co-ordinate Bench of this Court
taking note of the cases aforesaid in the case of Ajeet Singh Vs.
State of Rajasthan & Ors., decided on 3rd November, 2014,
holding thus:
"Learned counsel has submitted that a division
bench of this Court in Brij Lal Bundel vs. State and
Another - 2007 (1) RLW 484 has also held that when the
order of suspension is revoked and the employee is
reinstated in service, he, as per Rule 29 of the
Rajasthan Service Rules, becomes entitled to annual
grade increments as the increment has to be drawn in
the matter of course unless withheld. The period of
suspension is normally treated as period spent on duty
for the purpose of pension. If the period is treated as
spent on duty, there would not be break in service and
therefore there is no reason why the government
servant was deprived of annual grade increments falling
due in the suspension period after his reinstatement. It
was held that denial of annual grade increments in such
a scenario would tantamount to withholding increments,
which is a penalty specified under Rule 14 of the
Rajasthan Civil Services (CCA) Rules, 1958, which
penalty cannot be imposed without observing the
procedure envisaged in Rule 16 and 17 of the CCA
Rules."
Learned counsel for the petitioner further submits that at this
stage, the petitioner will be satisfied if the State respondents are
directed to decide the representation of the petitioner, within a
time frame, which they are ready and willing to address within a
period of two weeks.
In view of the limited prayer addressed; the instant writ
proceedings are closed with a direction to the petitioner to address
a comprehensive representation within two weeks hereinafter,
enclosing a copy of the judgment, which has been referred to and
relied upon in support of their claim.
In case, a representation is so addressed within the aforesaid
period, the State-respondents are directed to consider and decide
the same by a reasoned and speaking order in accordance with
(3 of 3) [CW-13790/2021]
law as expeditiously as possible, however, in no case later than
three months from the date of receipt of the representation along
with a certified copy of this order.
Upon consideration of the representation so filed, if
respondents find the case of the petitioner to be covered by the
judgment(s) aforesaid, before giving actual benefits, an
undertaking shall be procured from the petitioner to the effect that
their rights/entitlements shall be subservient to the fate of the
judgment(s) aforesaid and in case the same is reversed or
modified in any manner, they shall also be liable for restitution of
any benefits/emoluments so received.
With the observations and directions, as indicated above, the
writ petition stands disposed of.
The stay application is also disposed of.
(ARUN BHANSALI),J
58-Rmathur/-
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