Prem Devi Sen vs State Of Rajasthan ...
2023 Latest Caselaw 1857 Raj

[2023/RJJD/005663] (1 of 14) [CW-1017/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1017/2022

Radheshyam Sharma S/o Shri Surajmal Sharma, Aged About 66 Years, Resident Of Vpo Ropan Via Pander, Tehsil Jahajpur District Bhilwara (Raj.) Date Of Initial Appointment 22/11/1979 As Peon.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.)

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

4. District Education Officer (Secondary), Education Department, Govt. Of Rajasthan, Bhilwara (Raj.)

5. District Education Officer (Elementary), Education Department, Govt. Of Rajasthan, Bhilwara (Raj.)

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.)

----Respondents Connected With S.B. Civil Writ Petition No. 972/2022 Chhotu Lal Nai S/o Ganesh Ram Nai, Aged About 69 Years, Vpo Ram Nagar, Shahpura, Tehsil Shahpura, District Bhilwara 9Raj.), Date Of Initial Appointment 15/07/1977 As Peon

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Education Department, Govt. Of Rajasthan, Bhilwara (Raj.).

5. District Education Officer (Elementary), Education Department, Govt. Of Rajasthan, Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 1019/2022 Chandra Prakash Ojha S/o Shri Mohan Lal Ojha, Aged About 66 Years, Resident Of Charnon Ki Gali, Phuliya Gate, Shahpura,

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District Bhilwara (Raj.) Date Of Initial Appointment 28/02/1980 As Peon.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

4. District Education Officer (Secondary), Education Department, Govt. Of Rajasthan, Bhilwara (Raj.)

5. District Education Officer (Elementary), Education Department, Govt. Of Rajasthan, Bhilwara (Raj.)

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.)

----Respondents S.B. Civil Writ Petition No. 1056/2022 Ram Prasad S/o Dhanadas Veragi, Aged About 66 Years, Resident Of Village Tithodi, Via Pander, Tehsil Jahajpur, District Bhilwara (Raj.) Date Of Initial Appointment 14.01.1997 As Peon.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Education Department, Govt. Of Rajasthan, Bhilwara (Raj.).

5. District Education Officer (Elementary), Education Department, Govt. Of Rajasthan, Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 1446/2022 Rameshwar Lal Sharma S/o Shri Bhura Lal Sharma, Aged About 65 Years, Village And Post Baghudar, Via Pander, Tehsil Jahajpur, District Bhilwara (Raj.) Dated Of Initial Appointment 25/07/1975

----Petitioner Versus

1. State Of Rajasthan, Through Secretary , Education Department, Secretariat, Jaipur (Raj.).

2. Dierctor, Secondary Education, Education Department,

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Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 1449/2022 Rampyar Sadhu S/o Shri Mangi Das Sadhu, Aged About 59 Years, Resident Of Village - Bhiladi, Post Tithodi, Tehsil Jahajpur, District Bhilwara (Raj.), Date Of Initial Appointment 28/02/1980 As Peon

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.)

2. Director, Secondary Education Department, Government Of Rajasthan, Bikaner (Raj.)

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

4. District Education Officer (Secondary), Bhilwara (Raj.)

5. District Education Officer (Elementary), Bhilwara (Raj.)

----Respondents S.B. Civil Writ Petition No. 1860/2022 Govind Lal Mali S/o Shri Madhu Lal Mali, Aged About 59 Years, Resident Of Vpo Amarwasi, Tehsil Jahajpur District Bhilwara (Raj.) Date Of Initial Appointment 16.12.1985 As Peon And From 01.7.2016 Promoted To L.d.c.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

----Respondents S.B. Civil Writ Petition No. 1871/2022 Prakash Chandra Meena S/o Shri Kalyan Mal Meena, Aged About 60 Years, Resident Of Vpo Rawatkheda, Tehsil Jahajpur, District Bhilwara (Raj.), Date Of Initial Appointment 11/04/1981 As

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Peon.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner. (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner. (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 1882/2022 Soji Ram Rebari S/o Shri Ratan Lal, Aged About 62 Years, Vpo Rawatkheda, Tehsil Jahajpur, District Bhilwara (Raj.) Date Of Initial Appointment 01-05-1985 As Peon And From 04-08-2018 Promoted To L.d.c.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 1901/2022 Prahlad Meena S/o Shri Chaturbhuj Meena, Aged About 63 Years, Resident Of Village Ramgarh, Post Rawatkheda, Tehsil Jahajpur, District Bhilwara (Raj.) Date Of Initial Appointment 19.12.1985 As Peon.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department,

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Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 1902/2022 Ram Dev Meena S/o Shri Jagan Nath Meena, Aged About 55 Years, Resident Of Vpo Tikar, Tehsil Jahajpur, District Bhilwara (Raj.), Date Of Initial Appointment 01.05.1985 As Peon And From 04.08.2018 Promoted To L.d.c.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.)

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

----Respondents S.B. Civil Writ Petition No. 1970/2022 Laxman Lal Mali S/o Shri Babu Lal Mali, Aged About 54 Years, Resident Of Vpo Amargarh, Tehsil Jahajpur, District Bhilwara (Raj.), Date Of Initial Appointment 14.12.1985 As Peon And From 13.07.2019 Promoted To L.d.c.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

----Respondents S.B. Civil Writ Petition No. 2036/2022 Kishan Lal Meena S/o Shri Mangi Lal Meena, Aged About 56 Years, Resident Of Village And Post Sarsiya, Tehsil Jahajpur, District Bhilwara (Raj.) Date Of Initial Appointment 04.06.1984 As Peon And From 18.07.2017 Promoted To L.d.c.

----Petitioner

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Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

----Respondents S.B. Civil Writ Petition No. 2117/2022 Bhoj Singh Meena S/o Shri Mangi Lal, Aged About 62 Years, Resident Of Village Tikad, Tehsil Jahajpur, District Bhilwara (Raj.), Date Of Initial Appointment 27.02.1984 As Peon And From 11.07.2019 Promoted To L.d.c.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 2221/2022 Lalu Ram Meena S/o Shri Mangi Lal Meena, Aged About 64 Years, Resident Of Vpo Karadiya (Barda), Tehsil Jahajpur, District Bhilwara (Raj.), Date Of Initial Appointment 25.09.1981 As Peon.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

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----Respondents S.B. Civil Writ Petition No. 2249/2022 Lakhma Ram Meena S/o Shri Teju Ram Meena, Aged About 63 Years, Resident Of Village Bharatkheda, Post Sarsiya, Tehsil Jahajpur, District Bhilwara (Raj.), Date Of Initial Appointment 08/06/1985 As Peon.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 2290/2022 Khemraj Meena S/o Shri Debiram, Aged About 62 Years, Resident Of Village Luhari Kalla, Tehsil Jahajpur, District Bhilwara (Raj.), Date Of Initial Appointment 20.02.1984 As Peon.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 2429/2022 Ram Singh S/o Shri Chhotu Ram Meena, Aged About 57 Years, Resident Of Village Chhalila Ka Kheda, Post Kuradiya, Tehsil Jahajpur, District Bhilwara (Raj.) Date Of Initial Appointment 18/01/1982 As Peon

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education

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Department, Secretariat, Jaipur (Raj.)

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

4. District Education Officer (Secondary), Bhilwara (Raj.)

5. District Education Officer (Elementary), Bhilwara (Raj.)

----Respondents S.B. Civil Writ Petition No. 3079/2022 Chand Devi Sharma W/o Tejpal Sharma, Aged About 62 Years, H.no.61, Gandhi Nagar, Behind Of Telephone Exchange, Gulabpura, District Bhilwara (Raj.), Date Of Initial Appointment 12/02/1980 As Peon

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Education Department, Secretariat, Jaipur (Raj.)

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

4. District Education Officer (Secondary), Bhilwara (Raj.)

5. District Education Officer (Elementary), Bhilwara (Raj.)

6. Joint Director, Pension And Pensioners Department, Government Of Rajasthan, Ajmer (Raj.)

----Respondents S.B. Civil Writ Petition No. 3185/2022 Ramprasad Rawal S/o Shri Shree Lal, Aged About 59 Years, Resident Of Village Harshlo Ka Kheda, Post Bhagunagar, Tehsil Jahajpur, District Bhilwara (Raj.). Date Of Initial Appointment 07.11.1984 As Peon

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.)

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.)

4. District Education Officer (Secondary), Bhilwara (Raj.)

5. District Education Officer (Elementary), Bhilwara (Raj.)

6. District Education Officer (Elementary), Bundi (Raj.)

----Respondents S.B. Civil Writ Petition No. 3186/2022

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Prem Devi Sen W/o Shri Santosh Kumar Sen, Aged About 73 Years, Apna Ghar, Opposite New Bus Stand, Shahpura, District Bhilwara (Raj.), Date Of Initial Appointment 12/02./1980 As Peon

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 3611/2022 Bardi Chand Regar S/o Shri Chhitar Lal Regar, Aged About 66 Years, Village - Ram Nagar, Post Amarwasi, Tehsil Jahajpur, District Bhilwara (Raj.), Date Of Initial Appointment 24.02.1984

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Seconadry), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 4106/2022 Prabhu Lal Regar S/o Shri Lalu Ram Regar, Aged About 62 Years, Village Piplund, Tehsil Jahajpur, District Bhilwara (Raj.). Date Of Initial Appointment 11/05/1984 As Peon

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

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3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents S.B. Civil Writ Petition No. 12304/2022 Ramswaroop S/o Shri Nanda Ramji Nai, Aged About 66 Years, Resident Of Village Gadbodiya, Post Khajuri, Tehsil Jahajpur, District Bhilwara (Raj.) Date Of Initial Appointment 08.01.1981 As Peon.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Education Department, Secretariat, Jaipur (Raj.).

2. Director, Secondary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

3. Director, Elementary Education, Education Department, Government Of Rajasthan, Bikaner (Raj.).

4. District Education Officer (Secondary), Bhilwara (Raj.).

5. District Education Officer (Elementary), Bhilwara (Raj.).

6. Joint Director, Pension And Pensioner Department, Government Of Rajasthan, Ajmer (Raj.).

----Respondents

For Petitioner(s) : Mr. Varda Ram Choudhary. For Respondent(s) : Mr. Hemant Choudhary.

Mr. Ravi Panwar.

Ms. Bhawna Jangid.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

17/02/2023

Learned counsel for the respondents submits that the

controversy is squarely covered by the order passed by a

coordinate Bench of this Hon'ble Court in Jai Prakash Vs. State

of Rajasthan & Ors. (S.B. Civil Writ Petition

[2023/RJJD/005663] (11 of 14) [CW-1017/2022]

No.3629/2018), decided alongwith other connected matters on

22.03.2022, the relevant portion of which reads as follows:

"Heard the parties and perused the material available on record.

A bare perusal of the grounds raised in the petitions makes it clear that the present petitions have been filed by the petitioners on the sole ground that as Meera Devi, similarly situated person, has been granted regularization w.e.f the date of her initial appointment the same may be granted to them also. It is clear on record that services of the petitioners were regularized way back between years 1991-94, and no such grievance was ever raised by the petitioners even till the date of their retirement (in case where the petitioner had retired). Only when orders for pension in the case of Meera Devi, calculating the same on the basis of initial date of appointment were issued, the present petitioners too decided to raise their claim for first time in the year 2017 vide a notice which was served on the respondent-authorities.

In the case of New Delhi Municipal Council Vs. Pan Singh & Ors.; (2007) 9 Supreme Court Cases 278, the Hon'ble Apex Court has held that a person, who did not choose to challenge a specific order at the relevant point of time and challenged the same only after the relief was granted to a similarly situated employee, cannot be granted the same benefit. The Hon'ble Apex Court held as under:

"16. There is another aspect of the matter which cannot be lost sight of. Respondents herein filed a Writ Petition after 17 years. They did not agitate their grievances for a long time. They, as noticed herein, did not claim parity with the 17 workmen at the earliest possible opportunity. They did not implead themselves as parties even in the reference made by the State before the Industrial Tribunal. It is not their case that after 1982, those employees who were employed or who were recruited after the cut-off date have been granted the said scale of pay. After such a long time, therefore, the Writ Petitions could not have been entertained even if they are similarly situated. It is trite that the discretionary jurisdiction may not be exercised in favour of those who approach the Court after a long time. Delay and laches are relevant factors for exercise of equitable jurisdiction. See Govt. of W.B. v. Tarun K. Roy And Others [(2004) 1 SCC 347], Chairman, U.P. Jal Nigam & Anr. v. Jaswant Singh And Anr. [2006 (12) SCALE 347] and Karnataka Power Corpn. Ltd. through its Chairman & Managing Director and Another v. K. Thangappan and Another [(2006) 4 SCC 322]."

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So far as the claim of the petitioners for regularization of their services w.e.f the date of initial appointment is concerned, this Court is not inclined to interfere with the same because of a gross delay of 25 years being caused in raising the said claim.

So far as the other judgments cited by the counsel for the petitioners in support of the submissions regarding the regularization of the petitioners are concerned, there is no dispute pertaining to the ratio as laid down in the said judgments. But as this Court is not inclined to interfere in the present matters qua the relief of regularization on the ground of gross delay, the said judgments are not required to be dealt with in the present matter. So far as the case of petitioners who have since retired and pray for calculation of the pensionary and gratuity benefits from the date of initial appointment are concerned, the ground raised by the counsel for the petitioners is found to be tenable. Rule 12 of the Rules of 1996 defines qualifying services as under:

"12. Commencement of qualifying service (a) Except for compensation gratuity, a Government servant's service does not qualify till he has completed eighteen years of age. (b) Subject to the provisions of these rules, the qualifying service of a Government servant shall commence from the date he takes over charge of the post to which he is first appointed, either substantively or in an officiating or temporary capacity."

Section 2(c) of the Act of 1972 defines 'continuous service' as under:

"2(c) "continuous service" means continuous service as defined in section 2A;"

Section 2A(1) of the Act of 1972 reads as under:

"2A. Continuous service.--For the purposes of this Act-- (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;"

In view of the above provisions, it is clear that the remaining 14 petitioners who have since retired, having completed their qualifying services, were entitled for

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calculation of pensionary and gratuity benefits w.e.f. the date of initial appointment.

In the case of Shree Gopal Gaur Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.11839/2016, while relying upon the judgment passed in Keshrimal Soni Vs. State & Ors.; S.B.C.W.P. No.4743/2004, the Coordinate Bench of this Court held as under:

"I have considered the submissions made by learned counsel for the parties and have perused the material available on record. Provisions of Rule 12(b) of the Rules of 1996 read as under:-

"Rule 12. Commencement of qualifying service

(a) Except for compensation gratuity, a Government servant's service does not qualify till he has completed eighteen years of age.

(b) Subject to the provisions of these Rules, the qualifying service of a Government servant shall commence from the date he takes over charge of the post to which he is first appointed, either substantively or in an officiating or temporary capacity."

A bare perusal of Clause (b) of Rule 12 indicates that qualifying service of a Government servant shall commence from the date he takes charge on the post, for which, he is first appointed, either substantively or in an officiating or temporary capacity.

The term temporary post has been defined in Rule 7(35) of the Rajasthan Service Rules, 1951 ('Rules of 1951'), which reads as under:-

"Temporary post - means a post carrying a definite rate of pay sanctioned for a limited time."

The order of appointment of the petitioner dated 09.05.1985 reads as under:-

"dk;kZy; vkns'k fu;kstu dk;kZy; ds lwph esa ls fuEufyf[kr vk'kkfFkZ;ksa dh izfrfnu vf/kdre [email protected]& izfrekg dk;Zxzg.k djus dh frfFk ls muds uke ds lEeq[k vafdr fo~|ky; esa fu;qDr fd;k tkrk gS ;s fu;qfDr;ka iw.kZr;k vLFkk;h gSA fcuk uksfVl budh lsok;sa lekIr dh tk ldrh gSA nSfud HkRrs ij dh xbZ lsok;sa fu;fer jkT; deZpkjh in izkIr djus dk vk/kkj ugha ekuk tk;sxkA bUgsa inLFkkiu LFkku ij fnukad 16-5-85 rd dk;Zxzg.k djuk gksxkA vU;Fkk fu;qfDr vkns'k Lor% gh fujLr le>s tk;saxsA laLFkk iz/kku buds dk;Z ,oa O;ogkj ls lacaf/kr fVIi.kh izfr ekg dh mifLFkfr ds lkFk lacaf/kr vf/kdkjh dks izsf"kr djsaxsA "

A perusal of the terms above would clearly indicate that the petitioner was granted appointment on temporary

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post and once the appointment has been made on temporary post, in terms of Rule 12(b) of the Rules of 1996, the petitioner is entitled to get the said period counted towards his qualifying service."

In view of the ratio as laid down in the case of Keshrimal Soni and Shree Gopal Gaur (supra), and the observations made herein above, this Court is of the opinion that the petitioners who have retired are entitled for calculation of their pension and gratuity benefits from the date of initial appointment in service.

In view of the same, so far as the following 14 petitioners who have since retired, their writ petitions are partly allowed. The respondents are directed to take into consideration the initial date of appointment of the 14 retired petitioners for the purpose of calculating their qualifying service and grant them consequential benefits qua pension and gratuity in accordance with law: .......

Needful be done by the respondent-authorities within a period of three months of receipt of copy of this order......."

Accordingly, the present writ petitions and stay

petitions are also disposed of in the same terms and the

respondents are directed to consider the case of the

petitioners, keeping into consideration the order passed by

this Court in Jai Prakash (supra). All pending

applications stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

3-26-Jitender

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