Harsh Kumar vs The State Of Rajasthan ...
2023 Latest Caselaw 8036 Raj

[2023:RJ-JD:33208]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11841/2023

1. Harsh Kumar S/o Ramesh Kumar, Aged About 38 Years, R/o 27 IIIrd Block, 16, Udaram Chowk, Purani Abadi, Sri Ganganagar (Raj.).

2. Jasweer Singh S/o Mahender Singh, Aged About 42 Years, R/o 86 Gb, Chak 86 Gb, Sri Ganganagar (Raj.).

3. Gurdev Singh S/o Bachan Singh, Aged About 35 Years, R/o 6 Msr, Sri Ganganagar (Raj.).

4. Dharm Chand Sharma S/o Pushkar Datt Sharma, Aged About 42 Years, R/o Khachwana, 7 Dpn, Gogameri, Hanumangarh (Raj.).

5. Chhagan Lal S/o Sohan Lal, Aged About 43 Years, R/o Ward No.6, Vpo- Kalwasia, 33 AMP, Sri Ganganagar (Raj.).

6. Khushbu Rani W/o Sunny Bhatheja, Aged About 35 Years, R/o Ward No.4, Near Tata Tower, Padampur, District Sri Ganganagar (Raj.).

7. Neetu Bala W/o Vipin Kumar, Aged About 35 Years, R/o H.no.11, Street No.14, Ward No.17, Setia Farm, Sri Ganganagar (Raj.).

8. Jyoti Munjal D/o Satish Munjal, Aged About 23 Years, Chak Maharaj Ka, Sri Ganganagar (Raj.).

9. Deepika Arora W/o Narender Kumar, Aged About 37 Years, Ward No.3, J Mld-A, Sri Ganganagar (Raj.).

----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

2. The Additional Commissioner, Egc (Ii), Rural Development And Panchayati Raj Department (Section-3, Mgnrega), Secretariat, Rajasthan, Jaipur.

3. The District Project Coordinator (Mgnrega) Cum District Collector, District Sri Ganganagar.

4. The Additional District Project Co-Ordinator (Mgnrega) Cum Chief Executive Officer, Zila Parishad Sri Ganganagar, District Sri Ganganagar.

5. The Programme Officer Cum Vikas Adhikari (Mgnrega), Panchayat Samiti Padampur, District Sri Ganganagar.

6. The Programme Officer Cum Vikas Adhikari (Mgnrega), Panchayat Samiti Anoopgarh, District Sri Ganganagar.

7. The Programme Officer Cum Vikas Adhikari (Mgnrega), Panchayat Samiti Raisinghnagar, District Sri Ganganagar.

8. The Programme Officer Cum Vikas Adhikari (Mgnrega), Panchayat Samiti Sadulsahar, District Sri Ganganagar.

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                                                                     ----Respondents


For Petitioner(s)              :     Deepak Pareek
For Respondent(s)              :     Mr. Manish Tak

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/10/2023

Heard learned counsel for the parties.

Learned counsel for the petitioners submits that the

controversy involved in the present writ petition is squarely

covered by a judgment of this Court rendered in a bunch of writ

petitions led by S.B. Civil Writ Petition No.6338/2022 "Hari

Singh & Ors. Vs. State of Rajasthan & Ors." and other

connected matters decided on 14.09.2022 in the following terms:-

"From the above, it is apparent that similarly placed man with machine at Zila Parishad, Udaipur are being paid the enhanced amount whereby for the period 2005 to 2014 an increment of 10% and for the period 2014 onwards, an increment of 5% has been granted and they have also been paid the arrear.

No reasons has been indicated for distinguishing the case of the petitioners from those working with the Zila Parishad, Udaipur. As the petitioners are similarly placed and also governed by the directions issued in this regard, they are also entitled to similar relief as granted by the Zila Parishad, Udaipur.

Consequently, these petitions filed by the petitioners are allowed, the respondents are directed to do the needful in terms of the directions as given in the case of Zila Parishad, Udaipur quoted hereinbefore.

While making payment of arrears, the respondents would take into consideration the enhanced amount being paid

[2023:RJ-JD:33208] (3 of 3) [CW-11841/2023]

to the petitioners for all this period. Needful may be done by the respondents within a period of eight weeks."

Learned counsel for the petitioners, therefore, prays that the

petitioners may be permitted to file a detailed representation for

redressal of their grievances in light of the judgment rendered in

the case of Hari Singh (supra).

Learned counsel for the respondents assures this Court that

in the event of such representation being filed by the petitioners,

the respondents will consider the same and if the case of the

petitioners merits acceptance, the same relief will be extended to

the petitioners as has been granted to the petitioners in the case

of Hari Singh (supra).

In view of the submissions made before this Court, the

present writ petition is disposed of with liberty to the petitioners to

approach the respondents by way of filing the representation in

light of the judgment rendered by this Court in the case of Hari

Singh (supra) and the respondents shall decide the same at the

earliest, preferably within a period of eight weeks from the date of

receipt of such representation strictly in accordance with law,

keeping in mind the laid laid by this Court in the case of Hari

Singh (supra).

(VINIT KUMAR MATHUR),J 59-/Vivek/-

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