Rajasthan High Court
Om Prakash Biwal Son Of Sh. Harji ... vs The State Of Rajasthan on 16 January, 2023
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2197/2022
1. Om Prakash Biwal Son Of Sh. Harji Lal Biwal, Aged About 44 Years,
Resident Of Mukam Post Jamva Ramgarh, Khatiko Ka Mohalla, Tehsil
Jamwa Ramgarh, Distt. Jaipur (Raj)
2. Ram Gopal Verma Son Of Sh. Kalyan Singh, Aged About 39 Years,
Resident Of Mukaam Post Andhi New Dolony, Tehsil Jamwa
Ramgarh, Distt. Jaipur Rajasthan
----Petitioners
Versus
1. The State Of Rajasthan, Through Secretary, Department Of School
Education Government Of Rajasthan Secretariat Jaipur
2. The Director, Secondary Education, Bikaner Rajasthan
3. The Director, Elementary Education Bikaner
4. The District Educaiton Office, Secondary Education, Jaipur, Shiksha
Sankul Jln Marg, Jaipur Rajasthan
5. The District Education Officer, Elementary Education, District Jaipur
Shiksha Sankul, Jln Marg, Rajasthan
----Respondents
For Petitioner(s) : Mr. Sandeep Bhagwati
For Respondent(s) : Mr. S. Zakawat Ali, AGC
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
16/01/2023
1. The writ petition under Article 226 of the Constitution of
India has been filed claiming benefit of old pension scheme,
allowances, seniority and other benefits equivalent to person
appointed on the post of Physical Training Instructor Grade III
pursuant to advertisement dated 28.7.2003.
2. Counsel for petitioner submits that petitioners being eligible
for the post of PTI Grade III applied for appointment pursuant to
advertisement dated 28.7.2003, and after the recruitment process
petitioners found place in the merit list, however, due to certain
cases in Courts the petitioner could be appointed after 2006, and
therefore, benefits of old pension scheme and other relevant
benefits have not been given to petitioners. Petitioners made
several representations but without any fruit.
(2 of 3) [CW-2197/2022]
3. Counsel for petitioner submits that the issue of old pension
scheme and other relevant benefits to be awarded to selectees of
advertisement dated 28.7.2003 has been considered by
Government and the notification was also issued on 13.2.2007,
which reads thus:
"Government of Rajasthan
Finance Department
(Rules Division)
Notification
No. F.1(2)FD(Rules)/2006 Jaipur, Dated 13 Feb 2007
In exercise of the powers conferred by
proviso to Article309 of the Constitution of
India, the Governor hereby makes the
following rules further to amend the
Rajasthan Service Rules,1951, namely:-
1. These rules may be called the Rajasthan
Service(amendment) Rules, 2007.
2. They shall come into force w.e.f.
20.1.2006.
3. In the aforesaid rules- after the existing
'Note(v)' appearing below Rule 8, a new 'Note
(vi)' shall be inserted by the following
namely:-
'(vi) Where recruitment process was
completed and appointment orders were
issued prior to 20.1.2006except to some of
the selectees because of stay orders of court
of any other justified reasons, appointments
of such remaining selectees will be governed
under the provisions of the various rules in
force prior to 20.1.2006"
By order of the Governor,
(Subhsash Garg)
Finance Secretary-III"
4. Counsel for petitioners submits that when despite the
aforesaid notification the due benefits were not released to
selectees of advertisement dated 28.7.2003, SBCWP
No.17750/2015, Kishore Singh Vs. State of Rajasthan was
(3 of 3) [CW-2197/2022]
filed which was decided on 5.9.2018 with a direction to
respondents to release due benefits. Similarly, SBCWP
No.14473/2013, Pawan Kumar Trivedi Vs. The State of
Rajasthan was decided on 15.11.2019 granting due benefits to
selectees of advertisement dated 28.7.2003.
5. Counsel for petitioners submits that since petitioners are
selectees of advertisement dated 28.7.2003 they are entitled to
old pension scheme allowances and seniority equivalent to
selectees of aforesaid advertisement, as has been granted to other
similarly situated persons in cases of Kishore Singh (supra) and
Pawan Kumar Trivedi (supra).
6. Counsel for respondents is not in a position to controvert
aforesaid facts and aforesaid judgments of this Court.
7. Having heard counsel for parties and perused the material
available on record, this Court is of the view that the petitioners
are entitled to due benefits of old pension scheme, seniority,
allowances and other relevant benefits as has been granted to
similarly situated selectees of advertisement dated 28.7.2003.
Petitioners shall be granted actual due benefits from the date of
their appointment and relevant benefits shall be notionally.
8. The writ petition stands disposed of accordingly. The due
exercise for compliance of this order be made within a period of
three months from today.
9. Stay application and all pending application(s), if any, also
stand disposed of.
(SUDESH BANSAL),J
NITIN/98
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