Ramesh Chand Meena S/O Nanag Ram ... vs State Of Rajasthan Through ...
2022 Latest Caselaw 178 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Contempt Petition No. 172/2019

Ramesh Chand Meena S/o Nanag Ram Meena
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan Through Principal Secretary Department Of
Social Justice And Empowerment & Ors.
                                                                 ----Respondents

For Petitioner(s) : Mr. Manoj Kumar Bhardwaj through V.C.

For Respondent(s) : Mr. C.L. Saini, AAG through V.C.

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/01/2022

Counsel for petitioner submits that the respondents were

directed to re-instate the petitioner with all consequential benefits.

Learned counsel for the petitioner submits that though the

petitioner has been reinstated but the respondents in stead of

making payment of back wages/actual monetary benefits, only

granted notional benefits. Learned counsel further submits that on

similar set of facts, another employee Mahesh Chand who was

also terminated and has also been reinstated relying on the same

order passed in his favour, of the respondents have awarded

actual monetary benefits to Mahesh Chand while granting the

consequential benefits. Therefore, learned counsel for the

petitioner submits that the petitioner is also entitled to get actual

monetary benefits as has been given to Mahesh Chand who is

similarly situated. To this extent, the respondents are guilty for

(2 of 2) [CCP-172/2019]

non-compliance of the directions given in the judgment dated

16.11.2018.

Counsel for the respondents have submitted reply and stated

that in the order dated 16.11.2018, there is no specific order to

award the back wages, actual monetary benefits and the term

"Consequential benefits" has been defined by the Coordinate

Bench of this Court in Writ Petition No.165/2014 vide order dated

05.05.2014 (State of Rajasthan Vs. Kishan Lal) passed at Principal

Seat, Jodhpur. In this order consequential benefits does not

include the actual monetary benefits.

Be that as it may, issue in this case is only with regard to

payment of actual monetary benefits/back wages to the petitioner

pursuant to the judgment dated 16.11.2018 that too on the basis

of equity/parity as the respondents have awarded actual

monetary benefits to Mahesh Chand alleged to the similar situated

person.

Let this contempt petition be listed on 27.01.2022.

In the meanwhile, petitioner may place on record the

judgment passed in favour of Mahesh Chand as also, the fact of

monetary benefits awarded to him and the respondents also place

on record the order dated 05.05.2014 passed at Principal Seat

Jodhpur.

(SUDESH BANSAL),J

TN/86

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