Rajasthan High Court - Jodhpur
Ganga Ram Meena vs State Of Rajasthan on 7 August, 2023
Bench: Nupur Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10792/2023
Ganga Ram Meena S/o Mohan Lal Meena, Aged About 47 Years,
R/o Bhawanipura, Bhilwara, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Revenue, Government Of Rajasthan Jaipur
Rajasthan.
2. The District Collector, Bhilwara, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kanishk Singhvi
For Respondent(s) :
HON'BLE DR. JUSTICE NUPUR BHATI
Order
07/08/2023
1. Learned counsel for the petitioner places reliance upon the
order dated 17.02.2023 passed in SBCWP No.2809/2023
(Sazid Hussain S/o Abdul Ajij Vs. Rajasthan State
Agricultural Marketing Board), which is reproduced
hereinbelow:-
"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 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:
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"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 his 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 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 his 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, he 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. "
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2. In light of the aforequoted order, the instant writ petition as
well as stay application is also disposed of, in the same terms.
3. All other pending applications, if any, also stand disposed of.
(DR. NUPUR BHATI), J.
129-Sanjay/-
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