Kamla Devi vs State Of Rajasthan ...
2023 Latest Caselaw 5005 Raj

[2023/RJJD/016546]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 13444/2019

Bal Kishan Rathore S/o Madan Mohan Rathore, Aged About 81 Years, Resident Of Village Banera Kila Ka Rasta, District Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Medical And Health Department, Govt. Of Rajasthan, Jaipur.

2. Director, Medical Health And Family Welfare Services, Govt. Of Rajasthan, Jaipur.

3. Chief Medcial And Health Officer, Bhilwara.

4. Director, Pension And Pensioners Welfare Department, Govt. Of Rajasthan, Jaipur.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 13419/2019 Kamla Devi S/o Late Ramesh Chandra Tripathi, Aged About 71 Years, Resident Of 64 Sunder Nagar, Village Gurla, District Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Medical And Health Department, Govt. Of Rajasthan, Jaipur.

2. Director, Medical And Health Welfare Services, Govt. Of Rajasthan, Jaipur.

3. Chief Medical And Health Officer, Bhilwara.

4. Director, Pension And Pensioners Welfare Department, Govt. Of Rajasthan, Jaipur.

----Respondents

For Petitioner(s) : Mr. Shreyash Ramdev For Respondent(s) : Ms. Vrinda Samdani for Ms. Vandana Bhansali

[2023/RJJD/016546] (2 of 3) [CW-13444/2019]

JUSTICE DINESH MEHTA

Order

19/05/2023

1. Learned counsel for the petitioners submit that the issue

involved in these present petitions, regarding correct fixation in

the pay-scale upon completion of 18 and 27 years of service and

consequential re-fixation of pension, gratuity and other retiral

benefits, is squarely covered by judgment of this Court in D.B.

Civil Special Appeal (Writ) No.1068/2014 (Govind Dan

Charan Vs. State of Rajasthan & Ors.), decided on

17.12.2015, along with a batch of similar Special Appeals, with

following directions-

"In view of the above discussion, the appeals filed by the appellants are allowed. The order dated 15.04.2014 passed by the learned Single Judge in all the writ petitions is set aside, the writ petitions filed by the petitioners-appellants are allowed to the extent that the appellants would be entitled to selection grade and get fixation in the pay-scale of Rs.975-1720, 1200-

2050 and 1640-2900 (5500-9000) on completion of 9, 18 and 27 years of service respectively in terms of judgment in the case of Jagdish Narain Chaturvedi (supra), i.e. from the date of regular appointment.

The required exercise would be completed by the respondents within a period of three months from the date of this judgment."

2. Learned counsel for the respondents raised an objection that

the petitions have been filed with a delay of twenty years and

thus, the relief as prayed for cannot be granted to the petitioner.

[2023/RJJD/016546] (3 of 3) [CW-13444/2019]

3. On the objection raised by the respondents, learned counsel

for the petitioner submitted that the issue regarding denial of the

relief on account of the claim being raised belatedly has been set

at rest by this Court by the order dated 07.10.2016 passed in the

case of Ram Chandra Sharma vs. State of Rajasthan & Ors.

(S.B. Civil Writ Petition No. 11254/2016).

4. In view of the above and considering that various other

employees have been conferred similar benefits and the

petitioners have since retired, this Court is of the view that the

respondent - State cannot take benefit of the petitioners' inaction

for delay in taking up proceedings, both the writ petitions are

allowed in terms of the aforesaid judgment dated 17.12.2015

passed in case of Govind Dan Charan (supra).

5. The stay applications also stand disposed of.

(DINESH MEHTA),J 304-305-Mak/-

Powered by TCPDF (www.tcpdf.org)