Rajasthan High Court - Jodhpur
Chief Engineer, Irrigation North vs Bakhuram (2023/Rjjd/003891) on 3 February, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/003891]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3534/2019
1. Chief Engineer Water Resource Hanumangarh, South,
District Hanumangarh.
2. Assistant Engineer, Water Resource Division,
Hanumangarh.
3. Executive Engineer, Water Resource Division-Ii,
Hanumangarh.
----Petitioners
Versus
Nand Ram S/o Shri Uma Ram, Canal Colony, Santpur, Tehsil
Sangariya, District Hanumangarh, Rajasthan.
----Respondent
Connected With
S.B. Civil Writ Petition No. 11127/2018
1. Chief Engineer, Irrigation North, Hanumangarh Junction
2. Executive Engineer, Irrigation Division-Ii, Hanumangarh
Junction.
3. Assistant Engineer, Irrigation Ghagar Subdivision,
Hanumangarh.
----Petitioners
Versus
Bakhuram S/o Shri Jagga Ram, By Caste Sansi R/o Jadawali,
Tehsil And District Hanumangarh.
----Respondent
For Petitioner(s) : Ms. Saloni Malpani for
Mrs. Abhilasha Bora, AGC.
For Respondent(s) : Mr. S.S. Gour.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/02/2023
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[2023/RJJD/003891] (2 of 3) [CW-3534/2019]
Learned counsel for the petitioners fairly submits that the
controversy involved in the present writ petitions is no more res-
integra and it is covered by the decision rendered by a coordinate
Bench of this Hon'ble Court in Laxman Vs. State of Rajasthan;
S.B. Civil Writ Petition No.4535/2021 and other connected
writ petitions on 30.03.2022. The relevant portion of the judgment
reads as under:
"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
hereinbefore. 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 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.
No order as to costs."
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[2023/RJJD/003891] (3 of 3) [CW-3534/2019]
Accordingly, this writ petition is also disposed of in the light
of the decision rendered vide order dated 30.03.2022 passed in
Laxman's case (supra). All pending applications also stand
disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
143-144 Zeeshan
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