Rajasthan High Court - Jodhpur
Smt. Usha Devi vs State Of Rajasthan (2023:Rj-Jd:43401) on 13 December, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:43401]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18925/2023
Smt. Usha Devi W/o Shri Gyan Singh, Aged About 36 Years, By
Caste Rajput, R/o Binega, Tehsil And District Karauli. Presently
Working As Cook In Govt. Devnarayan Grils Hostel Karauli.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Social Welfare
Department, Rajasthan, Jaipur.
2. The Director, Social Welfare Department, Jaipur.
3. The Assistant Director, Social Welfare Department,
Karauli.
----Respondents
For Petitioner(s) : Mr. Mahipal Rajpurohit.
For Respondent(s) : Mr. Anil Kumar Gaur, AAG.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/12/2023
1. Learned counsel for the parties jointly submit that the
controversy involved in this petition is covered by the order dated
16.11.2023 passed by a Coordinate Bench of this Court in Smt.
Soram Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition
No.1335/2022). The order dated 16.11.2023 reads as follows:-
"Learned counsel for the parties jointly submitted
that the controversy involved in the present writ petition
is covered by the order dated 01.12.2022 passed by a
co-ordinate Bench of this Court in a batch of writ
petitions led by S.B. Civil Writ Petition No.3595/2022
(Kanhaiya Lal Vs. State of Rajasthan & Ors.).
The operative paras of the order dated 01.12.2022
is reproduced herein below for ready reference:-
"A specific determination was made by the
Hon'ble Supreme Court holding that the said
[2023:RJ-JD:43401] (2 of 3) [CW-18925/2023]
requirement was a result of intermingled legal
position determined by the Supreme Court on the
subject of regularization of employees while the
issue before the Court was pay parity and that the
determination was in teeth of the judgment in
Daily Rated Casual Labour vs. Union of India :
(1988) 1 SCC 122.
In view of the above categorical
pronouncement of the Hon'ble Supreme Court on
the aspect of period for which the petitioners are
required to work for the purpose of getting
minimum of the pay scale, the determination made
by the respondents requiring the petitioners to
have worked for a minimum of 10 years cannot be
sustained.
In all the cases, on other aspects i.e. the
minimum qualification and satisfactory working of
the petitioners, the authority has held in favour of
the petitioners. In view of the above discussion,
the petitions filed by the petitioners are allowed.
The orders dated 10/9/2021 (Annex.P/2 in CW No.
3595/22), 10/9/2021 (Annex.P/2 in CW
No.17734/21), 4/2/2022 (Annex.P/3 in CW No.
4201/2022), 4/2/2022 (Annex.P/2 in CW No.
4244/2022), 10/9/2021 (Annex.3 in CW
No.4822/2022) and 16/11/2021 (Annex.P./2 in CW
No.1304/2022) denying minimum of the pay scale
to the petitioners only on account of their having
worked for less than 10 years are quashed and set
aside.
The respondents are directed to accord the
benefit of minimum of the pay scale to the
petitioners from the date their writ petitions filed in
earlier round of litigation came to be decided by
this Court, as indicated hereinbefore.
Needful be done by the respondents within a
period of four weeks from the date of this order"
In view of aforesaid, the present writ petition filed
by the petitioner is allowed. The order dated 08.10.2021
(Annexure-P/2) denying minimum of the pay-scale to the
petitioner on account of her not having completed the
services of ten years, is quashed and set aside.
The respondents are directed to accord the benefit
of minimum pay-scale to the petitioner from the date of
her filing the earlier writ petition.
[2023:RJ-JD:43401] (3 of 3) [CW-18925/2023]
Needful be done by the respondents within a period
of four weeks from the date of this order."
2. In light of the aforequoted order, the present writ petition is
also allowed on the same terms. All pending applications stand
disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
45-/Jitender//-
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