Smt. Kamla Vyas vs Raj.Civil Ser. Appl. Tri. , Jaipur ...
2022 Latest Caselaw 2576 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 212/2015 Smt. Kamla Vyas

----Petitioner Versus Raj.civil Ser. Appl. Tri. , Jaipur And Ors

----Respondent S.B. Civil Writ Petition No. 2146/2015 Rakma

----Petitioner Versus The Raj. Civil Service Appellate And Ors.

----Respondent S.B. Civil Writ Petition No. 11971/2015 Dharu Ram

----Petitioner Versus Raj. Civil Ser. Appe. Trib. And Ors

----Respondent S.B. Civil Writ Petition No. 11972/2015 Kishna Ram

----Petitioner Versus Raj. Civil Ser. Appe. Trib. And Ors

----Respondent

For Petitioner(s) : Mr. Manoj Bhandari with Mr. Mohit Choudhary For Respondent(s) : Dr. Bhawna Jangid through VC Ms. Abhilasha Kumbhat

HON'BLE MS. JUSTICE REKHA BORANA

Order

14/02/2022

The present petitions have been filed with the averments

that the petitioners were workcharge employees at the initial

stage but subsequently, they were made permanent and even

(2 of 2) [CW-212/2015]

absorbed in the State cadre. Therefore, they were entitled for the

regular pensionary benefits.

Counsel submitted that the controversy is covered by the

judgment passed by the co-ordinate Bench of this Court in

S.B.C.W.P. No.5053/1993; Prabhakar Waghdare Vs. State

of Raj. & Ors. decided on 08.09.2005 and Division Bench

judgment passed in D.B. Special Appeal No.1590/2014; State

of Raj. & Ors. Vs. Bhagwan Giri decided on 15.01.2016.

Both the counsels agree to the fact that the controversy is

covered by the above mentioned judgments.

In view of the ratio as laid down in the above judgments and

in view of the submissions made, the present petitions are

allowed, the impugned order dated 10.04.2014 passed by the

Rajasthan Civil Services Appellate Tribunal is quashed and set

aside and it is held that the petitioners are entitled for pensionary

benefits as per the provisions of the Rajasthan Service Rules,

1951 and further as per the provisions of Rajasthan Civil Services

(Pension) Rules, 1996.

Considering the entire services rendered by the petitioners,

the complete arrears of the pension may be accorded to the

petitioners within a period of 3 months from the date of receipt of

copy of this judgment. If the same is not paid within the said

period, the said amount would carry an interest @ 12% per

annum. It is also directed that the petitioners be continued to be

granted regular pension per month in future too.

(REKHA BORANA),J 59,60,64,65/AnilKC/-

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