Rajasthan High Court

Smt. Suman Saran Wife Of Shri ... vs The State Of Rajasthan on 2 March, 2022

Bench: Inderjeet Singh

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Writ Petition No. 5346/2021

1.    Smt. Suman Saran Wife Of Shri Surendra Lal Rathi, Aged
      About 49 Years, Lady Supervisor Office Of Cdpo Nokha,
      District Bikaner And Resident Of B-241, Kanta Khaturiya
      Colony, Behind Teresa Childrens Academy Bikaner
2.    Suman Khadgawat Wife Of Shri Dharamveer Gehlot, Aged
      About 45 Years, Lady Supervisor, Office Of Cdpo Paanchu,
      District Bikaner And Resident Of Near Shiv Mandir, Ward
      No. 6, Kismideshar, Binasar, Bikaner
3.    Priyadershani Gehlot Wife Of Shri Ararchand Gehlot, Aged
      About 55 Years, Lady Supervisor, Office Of Cdpo Paanchu,
      District Bikaner And Resident Of B-1-12, Sudarshan
      Nagar, Pawanpuri, Bikaner
4.    Sunita Verma Wife Of Shri Sudarshan Verma, Aged About
      53 Years, Lady Supervisor, Office Of Cdpo Bikaner Rural
      District Bikaner And Resident Of Government Press Road,
      Maaji -Sa-Bass, Bikaner
5.    Manjula Parihar Wife Of Shri Prabhat Parihar, Aged About
      50 Years, Lady Supervisor, Office Of Cdpo Bikaner Rural
      District Bikaner And Resident Of Behind Rajpuria College,
      Mohaton Ka Kuan Bikaner
6.    Manju Khadgawat Wife Of Shri Jitendra Bhati, Aged About
      50 Years, Lady Supervisor, Office Of Cdpo Bikaner Rural
      District Bikaner And Resident Of House No. 48, Bhotto Ka
      Chouraha, Ram Rahim Gali, Bikaner
7.    Rajshree Tanwar Wife Of Shri Hanuman Singh Deora,
      Aged About 52 Years, Lady Supervisor, Office Of Cdpo
      Nokha District Bikaner And Resident Of Outside New Gate
      Bejla Kuan District Nagaur
8.    Rajkumari Yadav Wife Of Shri Ramesh Kumar, Aged About
      54 Years, Lady Supervisor, Office Of Cdpo Nokha District
      Bikaner And Resident Of Near Chotina Kuan Bikaner
9.    Sunita Gaur Wife Of Shri Sunil Kumar Gaur, Aged About
      47 Years, Lady Supervisor, Office Of Cdpo Bikaner City,
      District Bikaner And Resident Of Gaur Sadan, Near K.g.
      Complex, Industrial Area, Rani Bazar, Bikaner
10.   Radha Vijay Wife Of Shri Naveen Kumar, Aged About 51
      Years, Lady Supervisor, Office Of Cdpo Nokha District

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         Bikaner   And   Resident        Of     C/o     Gandhi     Girdhari     Lal
         Kanhiyalal, Kote Gate, Bikaner
                                                                  ----Petitioners
                                   Versus
1.       The State Of Rajasthan, Through The Additional Chief
         Secretary To The Government, Department Of Women
         And Child Development Secretariat, Jaipur
2.       The Director, Integrated Child Development Service (Icds)
         Directorate,    Department            Of      Women        And       Child
         Development 2, Jalpath, Gandhi Nagar, Jaipur
                                                                ----Respondents

Connected With S.B. Civil Writ Petition No. 24223/2017 Smt. Manju Sharma Wife Of Shri Mahesh Chand Sharma, Lady Supervisor- Office Of Cdpo- Churu City, Churu And Resident Of Maharshi Bhawan, Ward No. 5, New Road, Dhobi Chouraha, Churu.

----Petitioner Versus

1. The State Of Rajasthan Through The Additional Chief Secretary To The Government, Department Of Women & Child Development Secretariat, Jaipur.

2. The Director, Integrated Child Development Services Icds, Directorate, Department Of Women & Child 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 25207/2018 Smt. Kalpana Jain Wife Of Shri Rajmal Nagauri, Aged About 57 Years, Lady Supervisor Office Of Cdpo Abu Road Rural And Resident Of Behind Central Bank Of India, Parsi Chal, Abu Road, District Sirohi.

----Petitioner Versus

1. The State Of Rajasthan Through The Additional Chief Secretary, To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child

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Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 26461/2018 Smt. Indra Bangar Wife Of Shri Hari Narayan Bangar, Aged About 52 Years, Lady Supervisor- Office Of Cdpo Suwana, District Bhilwara And Resident Of A-143, Sanjay Colony, Shri- Guest House Street, Nehru Road, Bhilwara.

----Petitioner Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 7866/2020

1. Smt. Seema Jaiswal Wife Of Shri Prem Prakash Jaiswal, Aged About 50 Years, Lady Supervisor, Office Of Cdpo - Lalsot - District Dausa And Resident Of Prem Provision Store, Sundardas Marg, Near Bajrang Ground, Dausa.

2. Smt. Nirmala Gautam Wife Of Shri Harish Sharma, Aged About 48 Years, Lady Supervisor, Office Of Cdpo - Sikrai, District Dausa Resident Of - House No. 15 Ashok Nagar- 1St, Opposite P.g. College, Agra Road, Dausa.

3. Smt. Kamlesh Kankhediya Wife Of Shri Rajendra Kankhediya, Aged About 54 Years, Lady Supervisor - Office Of Cdpo - Lawan, District Dausa And Resident Of Opposite New Bus Stand, Bassi, District - Jaipur.

4. Smt. Meera Devi Saini Wife Of Shri Jai Prakash Saini, Aged About 50 Years, Lady Supervisor, Office Of Cdpo - Sikrai, District Dausa And Resident Of Ward No. 24, Baswa Road, Malipur, Bandikui, District Dausa.

5. Smt. Anuradha Pathak Wife Of Late Shri (Dr) Ajay Kumar Sharma, Aged About 47 Years, Lady Supervisor, Office Of Cdpo - Bandikui - Ii, District - Dausa And Resident Of House No. 13, Anand Vihar - C, Jhotwara, Jaipur.

6. Smt. Chandra Khandelwal Wife Of Shri Dinesh Kumar Gupta, Aged About 54 Years, Lady Supervisor, Office Of

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Cdpo - Lalsot, District Dausa And Resident Of Ganpati Nagar, Khatwa Road, Near Attika, Lalsot, District - Dausa.

7. Smt. Varsha Ben Sharma Wife Of Shri Kailash Chand Sharma, Aged About 49 Years, Lady Supervisor, Office Of Cdpo - Umrain, District Alwar And Resident Of C-30, Ambedkar Nagar, Alwar.

8. Smt. Vidhya Sharma Wife Of Shri Vishnu Kumar Sharma, Aged About 48 Years, Lady Supervisor, Office Of Cdpo - Govindgarh, District - Jaipur And Resident Of B-88, Krishna Enclave, Sudama Puri- Ii, Sikar Road, Jaipur.

----Petitioners Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 8081/2020

1. Smt. Shashi Bala Wife Of Shri Madan Mohan Verma, Aged About 47 Years, Lady Supervisor, Office Of Cdpo - Todabhim, District Karauli And Resident Of House No. 276, Behind Jain Mandir, Vardhaman Nagar, Hindaun City, District Karauli.

2. Smt. Amarbai Meena Wife Of Shri Ramkesh Meena, Aged About 53 Years, Lady Supervisor, Office Of Cdpo - Karauli And Resident Of Oudai Mod, Lata House Gali, Gangapurcity, District Sawai Madhopur.

3. Smt. Prakashi Bai Meena Wife Of Shri Ram Dayal Meena, Aged About 53 Years, Lady Supervisor, Office Of Cdpo - Todabhim, District Karauli And Resident Of Village And Post Nagalsherpur, Tehsil Todabhim, District Karauli.

----Petitioners Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services

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(Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 15037/2020 Smt. Veena Kumari Wife Of Shri Nandlal Khatri (Daughter Of Shri Kalicharan), Aged About 52 Years, Lady Supervisor-Office Of Cdpo-Panchu-Bikaner And Resident Of House No. 4-E-192, Jai Narayan Vyas Colony, Bikaner (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 2942/2021

1. Smt Vandana Jaiswal Wife Of Shri Santosh Kumar Jaiswal, Aged About 49 Years, Lady Supervisor, Office Of Cdpo - Raasmi, District Chittorgarh, And Resident Of Teli Gali, Hameergarh, District Bhilwara.

2. Smt. Sunita Tripathi Wife Of Shri Ashok Kumar Tripathi, Aged About 52 Years, Lady Supervisor, Office Of Cdpo - Raasmi, District Chittorgarh And Resident Of 16 Jawahar Nagar, Nagar Palika Colony, Chittorgarh.

----Petitioners Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Deaprtment Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 2943/2021

1. Smt Neetu Tiwari Wife Of Shri Kuldeep Pandey, Aged About 46 Years, Lady Supervisor, Office Of Cdpo - Sri

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Dungargarh, District Bikaner, And Resident Of D-126, Karni Nagar, Lalgarh, Bikaner.

2. Smt. Vandana Tomar Wife Of Shri Surendra Singh Gehlot, Aged About 50 Years, Lady Supervisor, Office Of Cdpo - Panchu, District Bikaner And Resident Of 6-B-55, Jai Narayan Vyas Colony, Bikaner.

3. Smt. Kalpana Swami Wife Of Shri Mukul Swami, Aged About 48 Years, Lady Supervisor, Office Of Cdpo - Srikolayat, District Bikaner And Resident Of Venus Medical Store, Near Leelabai Park, Outside Nathsur Gate, Bikaner.

----Petitioners Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Deaprtment Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 5443/2021 Smt Suman Jakar Wife Of Shri Arunesh Jakar, Aged About 58 Years, Lady Supervisor, Office Of Cdpo - Dausa And Resident Of House No. 44, Ashok Nagar (Sector-Ii), Agra Road, Dausa.

----Petitioner Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Sevices (Icds), Directorate, Department Of Women And Child Development, 2 Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 7114/2021

1. Ms. Gayatri Juniwal Daughter Of Shri Kalyanmal Juniwal, Aged About 51 Years, Lady Supervisor, Office Of Cdpo - Chittorgarh (Rural) And Resident Of 259-B, Tejaji Road, Pratap Nagar - Chittorgarh.

2. Smt. Sushila Khediya Wife Of Dr. Roop Narayan Khediya, Aged About 53 Years, Lady Supervisor, Office Of Cdpo -

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Bhadesar, District Chittorgarh And Resident Of 20-Ahimsa Nagar, Maharana Pratap Satu Marg, Behind Kailash Nagar, Chittorgarh.

----Petitioners Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 7123/2021

1. Ms. Anita Choudhary Daughter Of Shri Harswaroop Singh, Aged About 51 Years, Lady Supervisor, Office Of Cdpo - Suratgarh, District Sriganganagar And Resident Of Ward No. 17 (New), Near Mata Jeetoji Girls College, Suratgarh, District Sriganganagar.

2. Smt. Santosh Mahala Wife Of Shri Satbir Mahala, Aged About 49 Years, Lady Supervisor, Office Of Cdpo - Suratgarh, District Sriganganagar And Resident Of Ward No. 17 (New), Near Crpf Gate No. 3,near Mata Jeetoji Girls College, Suratgarh, District Sriganganagar.

3. Ms. Krishna Verma Daughter Of Shri Harsukhram, Aged About 55 Years, Lady Supervisor, Office Of Cdpo - Suratgarh, District Sriganganagar And Resident Of Rcp Taal Colony, Opposite Forest Office, Near Binawra Bhawan, Suratgarh, District Sriganganagar.

----Petitioners Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur

----Respondents S.B. Civil Writ Petition No. 7948/2021 Smt. Poonam Vyas Wife Of Shri Amritlal, Aged About 51 Years,

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Lady Supervisor, Office Cdpo - Dudu, District - Jaipur And Resident Of 27, Moti Nagar, Gurjar Ki Thadi, Near Jda Park, Jaipur.

----Petitioner Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 8251/2021 Smt Kaushalaya Vaishnav Wife Of Shri Siyaram Vaishnav, Aged About 59 Years, Child Development Project Officer - Mandalgarh, District Bhilwara And Resident Of Village Kachola, Tehsil Mandalgarh, District Bhilwara.

----Petitioner Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

3. The Director, Pension And Pensioners, Welfare Department, Directorate - Rajasthan, Jyoti Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 8871/2021

1. Smt. Jaikaur Wife Of Shri Jai Singh Bhagsara, Aged About 50 Years, Lady Supervisor, Office Of Cdpo - Churu (Rural ) And Resident Of C-211, Sainik Basti, Diet Road, Churu.

2. Smt. Kamla Choudhary Wife Of Shri Hardayal Singh, Aged About 52 Years, Lady Supervisor, Office Of Cdpo - Fatehpur, District Sikar And Resident Of Village Karanga Chota, Post Karanga Bada, Tehsil Fatehpur, District Sikar.

3. Smt. Prabha Saran Wife Of Shri Omdutt Saran, Aged About 51 Years, Lady Supervisor, Office Of Cdpo - Sardarsaher, District Churu And Resident Of Setu Jangid

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Colony, Bikaner Road, Sardarsaher, District Churu.

----Petitioners Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2 Jalpath, Gandhi Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 9468/2021 Smt. Veena Chalana Wife Of Shri Bal Krishan Dua, Aged About 49 Years, Lady Supervisor - Office Of Cdpo - Anupgarh - Ii, Gharsana District Sriganganagar And Resident Of C/o Bittu Electronics, Main Market, New Mandi, Gharsana, District Sriganganagar.

----Petitioner Versus

1. The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

2. The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

----Respondents

For Petitioner(s) : Mr. S.K. Saksena, Adv.

Mr. Ashish Saksena, Adv.

Mr. Akash Saxena, Adv.

For Respondent(s) : Ms. Sheetal Mirdha, AAG Mr. Prateek Singh, Adv.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

02/03/2022

In all these writ petitions, since common question has been

raised for consideration, therefore with consent of the parties,

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these petitions have been heard together and are being decided

by the present order. The prayer made in S.B. Civil Writ Petition

No.5346/2021 reads as under:-

"An appropriate writ, order or direction to the respondents for allowing all the petitioners to change their option for the date of applicability of 6th Pay Commission from 01.01.2006 to the next day of completion of their respective 10 years of service (as mentioned in para-16 of the writ petition) as per judgement in the case of Mehrunnisa with consequential relief of declaring all the petitioners entitled for grant of 1st Selection Scale in the Pay Scale of ACDPO i.e. 5500-9000 on the day of completion of 10 years of service and their subsequent fixation under Rules of 2008 w.e.f. date of applicability of 6th Pay Commission after change of option in RPB 9300-34800 Grade Pay 3600/- and grant of its revision as Grade Pay 4200/- w.e.f. 01.07.2013 and 2nd ACP on completion of 19 years of service in RPB 9300-34800 Grade Pay 4800/- with consequential fixation alongwith payment of arrears in supersession to the earlier orders.

(ii) An appropriate writ, order or direction to the respondents quashing any adverse order, if passed, during pendency of the writ petition.

(iii) Any other appropriate writ, order or direction to the respondents, which this Hon'ble court deems just, and proper in the circumstances of the case.

(iv) Cost of the writ petition."

Counsel for the petitioner submitted that the issue involved

in this matter has already been considered and decided by the

Coordinate Bench of this court in S.B. Civil Writ Petition

No.2156/2007 in the matter of Smt. Manju Rani Nadheria & Ors.

Vs. The State of Rajasthan & Ors. decided on 05.03.2010, as well

as in the matter of Smt. Mehrunnisa Vs. The State of Rajasthan &

Ors. (S.B. Civil Contempt Petition No. 775/2017 along with other

connected petitions) decided on 07.09.2017. Counsel further

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submits that these matters may be decided in view of the above

judgments.

Ms. Sheetal Mirdha, AAG appearing on behalf of the

respondents submitted that the respondents have duly considered

the judgment passed by the Coordinate Bench of this court in the

matter of Mehrunnisa (supra) as well as in the matter of Manju

Rani (supra) and only thereafter has taken a decision for

consideration of giving benefits to all such similarly situated

employees and in this regard has made a reference of para No.6

of their reply which reads as under:-

"6. That it is respectfully submitted that during hearing of S.B. Civil Contempt Petition No. 775/2017- Smt. Mehrunisha Vs State of Rajasthan & Ors., the answering respondents granted the benefit of option change to the contempt - petitioners vide circular dated 06.09.2017 by which contempt-petitioners were granted liberty to defer Revised Pay Scale Rules,2008 till they get benefit of first and second selection scale, as the case may be and thereafter, be fixed in the Revised Pay Scale Rules of of 2008. However, the aforesaid benefit could not be extended to employees who were not party in the aforesaid contempt petition. The Respondents have now issue an order dated 14.12.2021 vide which it has been decided to grant the aforesaid benefit of option change to all the employees appointed on the post of Lady Supervisor from 1987 upto 1996, subject to fulfillment of certain conditions namely:- I. Individual's case has to be completely similar to that of Manjurani Nadehria and Mehrunissa.

ii. If any excess payment is found to be made, then recovery in respect to the said money has to be made.

iii. Proceedings have to be undertaken strictly in consonance with the relevant provisions of law.

Copy of Order dated 14.12.2021 is annexed herewith and marked as Annexure R/1."

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Learned counsel for the petitioners and respondents, both

are in agreement that the present matter be decided in view of

Para No.6 of their reply as well as in view of the order dated

14.12.2021.

Considering the submissions made by counsel for the parties,

I dispose of these writ petitions with a direction to the

respondents to implement the order dated 14.12.2021 qua the

petitioners, with all consequential benefits within a period of three

months after receiving a certified copy of this order.