Haliya vs State Of Rajasthan ...
2023 Latest Caselaw 6561 Raj

[2023:RJ-JD:27357]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7072/2021

Haliya S/o Kalji through his LRs:

1/1. Smt. Kamla W/o Late Haliya, aged about 73 years, 1/2. Kalu Singh S/o Late Shri Haliya, aged about 40 years, 1/3. Ramesh S/o Late Shri Haliya, aged about 34 years, 1/4. Mohan S/o Late Shri Haliya, aged about 29 years, 1/5. Moga Lal S/o Late Shri Haliya, aged about 28 years,

All are R/o Gram & Post - Leelwani, Tehsil Bagiddora, District Banswara.

----Petitioner Versus

1. State Of Rajasthan, Through The Chief Engineer, Water Resources Department, Rajasthan, Indira Gandhi Nahar Mandal Bhawan, Jaipur.

2. The Executive Engineer, Mahi Dam Division - First, Mahi Project, Banswara.

3. The Executive Engineer, Mahi Rehabilitation And Survey Division, Mahi Project, Banswara

4. The Additional Chief Engineer, Water Resources Department, Udaipur.

5. The Assistant Director, Pension And Pensioners Welfare, Regional Office, Udaipur.

----Respondents

For Petitioner(s) : Mr. Naved Khan Sindhi For Respondent(s) : Ms. Saloni Malpani for Ms. Abhlasha Kumbhat Mr. Ravi Panwar

JUSTICE DINESH MEHTA Order

29/08/2023

1. Mr. Naved Khan Sindhi, learned counsel for the petitioners

submitted that the issue involved in the present writ petition is

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squarely covered by the judgment of the Coordinate Bench of this

Court in the case of Laxman Vs. State of Rajasthan & Ors. : S.B.

Civil Writ Petition No.4535/2021, decided on 30.03.2022.

2. In the case of Laxman (supra), this Court has held thus:-

"In view thereof, in the peculiar facts and

circumstances of the case, the petitions cannot be thrown out on account of alleged unexplained delay and laches. However, for balancing the equities, the actual benefit available to the petitioners can be restricted for three years from before the filing of the writ petitions.

Consequently, the writ petitions filed by the

petitioners are allowed. The petitioners are entitled for the benefits of their continuity in service in terms of the Award dated 22/3/1999 from the date of their respective initial date of appointment as indicated in Annex.5 to the writ petition and as indicated herein before. The action of the respondents in granting benefits from the alleged date of reinstatement i.e. 1/8/2000 by order dated 29/8/2005 (Annex.5) is quashed. The petitioners would be entitled to semi-permanent and permanent status from the date of their initial appointment along with the benefit of selection grade on completion of 9, 18 and 27 years of service in accordance with law, which would also be reflected in their entitlement to salary and/or pension. After calculating all the benefits available to the petitioners based on the above directions, the petitioners would be entitled to the actual monetary benefits w.e.f.

three years prior to filing of the respective writ petitions. The entire exercise be done by the

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respondents within a period of six weeks and the arrears of monetary benefits be accorded to the petitioners within a period of four weeks thereafter and continue to pay the benefits to the petitioners in accordance with law."

3. Ms. Saloni Malpani, associate of Ms. Abhilasha Kumbhat,

learned counsel appearing for the respondent - State is not in a

position to dispute the aforesaid position of facts and law.

4. Hence, the present writ petition is also allowed in terms of

the judgment in the case of Laxman (supra). The petitioner (since

deceased) is held entitled for the benefits of continuity in service

in terms of the Award dated 22.03.1999 from the initial date of his

appointment as indicated in Annex.6 to the writ petition. The

action of the respondents in granting benefits from the alleged

date of reinstatement i.e. 01.08.2002 by order dated NIL

(Annex.6) is quashed. The petitioner would be entitled to semi-

permanent and permanent status from the date of his initial

appointment along with the benefit of selection grade on

completion of 9, 18 and 27 years of service in accordance with

law, which would also be reflected in his entitlement to salary and/

or pension. After calculating all the benefits available to the

petitioner based on the above directions, the petitioner shall be

entitled to the actual monetary benefits w.e.f. three years prior to

filing of the writ petition (03.05.2021).

5. Entire exercise be done by the respondents within a period of

eight weeks and the arrears of monetary benefits be accorded to

the petitioner within a period of four weeks thereafter. It will be

required of the respondents to continue the benefits to the legal

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representatives and pay the family pension, retiral dues etc. in

accordance with law.

6. The stay application also stands disposed of.

(DINESH MEHTA),J 15-Ramesh/-

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