Ganpat Ram Jat vs State Panchayati Raj Dep Ors
2023 Latest Caselaw 27 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4284/2014

Ganpat Ram Jat S/o Late Shri Bholu Ram Jat, aged about 61
years, resident of Ward No.6, Krishna Vihar                       Colony, Renwal
Road, Chomu, District Jaipur.
                                                                     ----Petitioner
                                     Versus
1.   The    State    of     Rajasthan       through         Principal   Secretary,
Department      of        Rural    Development              and    Panchayatiraj,
Government Secretariat, Jaipur.
2. Chief Executive Officer, Zila Parishad, Jaipur.
3. Development Officer, Panchayat Samiti, Govindgarh, Jaipur.
                                                                  ----Respondents

For Petitioner(s)           :     Mr.Ashwini Jaiman
For Respondent(s)           :     Mr.Pradeep Kalwania, Government
                                  Counsel with Ms.Anita Goyal



           HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

                                     Order

02/01/2023

The matter comes up on an application, filed by the

petitioner, to decide the present writ petition in view of the order

dated 13th April, 2022 passed in SB Civil Writ Petition

No.4307/2014 (Om Prakash Pathak Vs. State of Rajasthan

& Ors.).

Learned counsel for the petitioner submitted that the

petitioner, in the instant writ petition, has challenged the order

dated 19th February, 2014, whereby the respondents had issued

an order of recovery from the emoluments, paid to the petitioner.

Learned counsel for the petitioner submitted that in the

same impugned order dated 19 th February, 2014, the other

(2 of 4) [CW-4284/2014]

incumbent - Om Prakash Pathak is at serial No.2 and his writ

petition has been allowed by the Coordinate Bench of this Court by

placing reliance on the judgments passed in the cases of

Rajkumar Agrawal Vs. State of Rajasthan & Ors. (SB Civil

Writ Petition No.5400/2015) and Pradeep Kumar Sharma

Vs. State of Rajasthan & Ors. (SB Civil Writ Petition

No.25507/2018) as well as Giriraj Kishore Soni Vs. State of

Rajasthan & Ors. (SB Civil Writ Petition No.6652/2012).

Learned counsel submitted that the Coordinate Bench of this

Court in the case of Rajkumar Agrawal (supra) has set aside the

order dated 09th March, 2012 qua that petitioner only and as such,

in the present case, the petitioner is also required to be treated

similarly and the impugned order, in the present writ petition,

needs to be set aside by this Court.

Learned counsel further submitted that on the basis of order

passed in the case of Rajkumar Agrawal (supra), the Coordinate

Bench of this Court in the cases of Pradeep Kumar Sharma

(supra) and Giriraj Kishore Soni (supra) has also granted similar

relief and rather had given directions to apply the judgment of

Rajkumar Agrawal (supra) in rem in respect of those persons, who

are absorbed as Gram Sewak from other departments and were

drawing higher pay scale previously before absorption.

Learned Government Counsel - Mr.Pradeep Kalwania,

appearing for the respondents, submits that the State

Government has decided to implement the judgment passed by

the Coordinate Bench of this Court in the case of Rajkumar

Agrawal (supra) and as such, the State has constituted a

committee of different officers to decide these cases.

(3 of 4) [CW-4284/2014]

Learned counsel submitted that as such this Court may refer

the case of the present petitioner to the said committee, which

has been constituted by the State Government, vide order dated

31st December, 2021.

I have considered the submissions made by learned counsel

for the parties and perused the material available on record.

This Court finds that the other incumbent - Om Prakash

Pathak, who is also mentioned at serial No.2 in the impugned

order dated 19th February, 2014, challenged in the present writ

petition and his petition being SB Civil Writ Petition

No.4307/2014 (OM Prakash Pathak Vs. State of Rajasthan

& Ors.) has already been decided by the Coordinate Bench of this

Court vide order dated 13th April, 2022.

This Court further finds that the issue with regard to grant of

pay scale to Gram Sewak, who have been absorbed from the

different departments, has already been finally settled by the

Coordinate Bench of this Court in the case of Rajkumar Agrawal

(supra) and as such, it is no more open to learned counsel for the

respondents to dispute that the petitioner is not entitled to be

protected in respect of the pay scale on the post of Gram Sewak.

This Court further finds that formation of the committee by

the State Government by treating the judgment of Rajkumar

Agrawal (supra) as judgment in rem, will not be of any assistance

to learned counsel for the respondents, as the Coordinate Bench

of this Court, on 13th April, 2022, has passed the order in the case

of Om Prakash Pathak (supra) by quashing the recovery order

dated 19th February, 2014.

This Court, accordingly, finds that the writ petition of the

present petitioner is also required to be allowed.

(4 of 4) [CW-4284/2014]

Accordingly, the order dated 19th February, 2014 is quashed

and set aside. The consequential benefits, accruing from the result

of setting aside the order dated 19 th February, 2014, will follow

and the respondents are directed to confer the necessary

consequential benefits to the petitioner within a period of six

weeks from the date of receipt of copy of this order.

With the aforesaid direction, the present writ petition stands

allowed.

(ASHOK KUMAR GAUR),J

Preeti Asopa /39

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