Rajasthan High Court - Jodhpur
Nirbhay Singh vs State Of Rajasthan (2023:Rj-Jd:42929) on 11 December, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:42929]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18815/2023
Nirbhay Singh S/o Shri Pratap Singh, Aged About 58 Years, R/o
Village And Post Didvana, Tehsil Amet, P.s Amet, District
Rajsamand, (Raj.) At Present Posted As An Head Constable No.
02 At District Bhilwara, (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Department Of Home Affairs, Government Of
Rajasthan, Secretariat, Jaipur, (Raj.).
2. The Director General Of Police, Rajasthan Lalkothi, Jaipur,
(Raj.).
3. Inspector General Of Police Udaipur, Range Udaipur,
(Raj.).
4. Superintendent Of Police, Bhilwara, (Raj.).
----Respondents
For Petitioner(s) : Mr. Vinod Pathak.
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/12/2023
1. Learned counsel for the petitioner, at the very outset,
submits that the controversy raised in the instant writ petition
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.: SB CWP 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.
[2023:RJ-JD:42929] (2 of 3) [CW-18815/2023]
2. 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:
"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."
3. Learned counsel for the petitioner would further submits that
at this stage, the petitioner would be satisfied if the State-
respondents are directed to decide the representation of the
petitioner, within a time frame, which he is ready and willing.
[2023:RJ-JD:42929] (3 of 3) [CW-18815/2023]
4. In view of the limited prayer addressed; the instant writ
proceedings are closed with a direction to the petitioner is allowed
to address a comprehensive representation within two weeks
hereinafter, enclosing a copy of the judgment, which has referred
to and relied upon in support of his claim.
5. 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.
6. With the observations and directions, as indicated above, the
writ petition stands disposed off. All pending applications, if any,
stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J
23-/Jitender//-
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