Rajasthan High Court - Jodhpur
Iqbal Hussen vs State Of Rajasthan (2023:Rj-Jd:44462) on 19 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:44462]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19272/2023
Iqbal Hussen S/o Late Shri Ishak Mohammad, Aged About 67
Years, R/o Police Line Ke Pass, Santosh Colony, 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 MR. JUSTICE KULDEEP MATHUR
Order
19/12/2023
1. Learned counsel for the petitioner, at the very outset,
submitted 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.
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
[2023:RJ-JD:44462] (2 of 3) [CW-19272/2023]
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 submitted
that at this stage, the petitioner would be satisfied if the State-
respondents are directed to decide the representation of the
[2023:RJ-JD:44462] (3 of 3) [CW-19272/2023]
petitioner, within a time frame, which he is ready and willing to
furnish.
4. In view of the limited prayer addressed; the instant writ
proceedings are closed with a direction given to the petitioner to
address a comprehensive representation within two weeks
hereinafter, enclosing a copy of the judgment, which he has
referred to and relied upon in support of his claim to the
respondents.
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 and 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.
(KULDEEP MATHUR),J
51-Hanuman/-
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