Rajasthan High Court - Jodhpur
Prem Singh Bhati vs State Of Rajasthan on 11 March, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16706/2021
Satyanarayan S/o Shri Bhanwar Lal, Aged About 49 Years, R/o
Khakhad, Tehsil Khakhar, District Udaipur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Rural Development And Panchayati Raj, Secretariat,
Govt. Of Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad Udaipur, District
Udaipur.
3. The Vikas Adhikari, Panchayat Samiti Gogunda, District
Udaipur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 13073/2021
Prem Singh Bhati S/o Shri Maan Singh, Aged About 62 Years, R/
o Gothra, Nagaur District Nagaur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Rural Development And Panchayati Raj, Secretariat,
Govt. Of Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Pali, District
Pali.
3. The Vikas Adhikari, Panchayat Samiti Rohat, District Pali.
4. The Joint Director, Pension And Pensioners Welfare, Zone
Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr J.S. Bhaleria
For Respondent(s) : Mr Har Govind Chanda for Mr K.K.
Bissa
(2 of 3) [CW-16706/2021]
HON'BLE MR. JUSTICE ARUN BHANSALI
Judgment / Order
11/03/2022
It is stated at Bar by learned counsel for the parties that the
controversy involved in instant writ petition is squarely covered by
a decision in case of Ashok Kumar & Ors. Vs. State & Ors. (SB
Civil Writ Petition No.6401/2011, decided on 31.07.2013).
While deciding the said writ petition, following directions were
issued:-
"In the result, the writ petitions succeed, the same are
hereby allowed. The guidelines laid down by the State
Government clarifying the circular dated 2.10.10, as
contained in clause 3 of the order dated 23.5.11 providing
for the benefits regular pay scale admissible to the post of
Gram Sevak to the surplus employees of Spinfed/Cotton
Complex absorbed/ appointed by transfer on the post of
Gram Sevak, on completion of ten years of service in terms
of clause 5-Ga of circular dated 2.10.10 instead of from the
date of their joining on the post of terms of clause 2 of the
said circular dated 2.10.10 is held to be illegal and quashed.
Consequently, the resolutions adopted by the District
Establishment Committee/Zila Parishads in compliance of the
clarification issued by the State Government as aforesaid
dated 23.5.11 and the orders issued pursuant thereto,
withdrawing the regular pay scale admissible to the post of
Gram Sevak, already granted to the petitioners and directing
recovery of the excess amount paid are also quashed. The
orders issued by the Zila Parishad/Panchayat Samities
concerned extending the benefit of regular pay scale
admissible to the post of Gram Sevak to the petitioners with
effect from the date of their joining the duties are restored.
No order as to costs."
(3 of 3) [CW-16706/2021]
2. It is also borne out from the record that the decision rendered
in Ashok Kumar (supra) has been affirmed by Division Bench of
this Court.
3. In view of submissions made by learned counsel for the parties,
the instant writ petition is also allowed in terms of order dated
31.07.2013 passed in case of Ashok Kumar (supra).
4. All interlocutory applications including stay application stand
disposed of accordingly.
(ARUN BHANSALI),J
124-125 MMA/-
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