Rajasthan High Court - Jodhpur
Govind Ram Pargi vs State Of Rajasthan ... on 6 October, 2023
Bench: Vinit Kumar Mathur
[2023:RJ-JD:33327]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Writ Petition No. 15483/2023
Govind Ram Pargi S/o Keval Ram Pargi, Aged About 43 Years,
R/o.Ward No. 07, Khajuriya, Raghunath Pura, Dungarpur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Director, Integrated
Child Development Services, Department Of Women And
Child Development, Government Of Rajasthan, Jaipur,
Rajasthan.
2. Deputy Director, Integrated Child Development Services,
Department Of Women And Child Development,
Government Of Rajasthan, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kanishk Singhvi.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/10/2023
1. Learned counsel for the petitioner, at the very outset,submits
that the controversy raised in the instant writ application stands
resolved in view of the adjudication made by a co-ordinate Bench
of this Court in the case of Sardar Mal vs. State of Rajasthan &
Ors. : S.B. Civil Writ Petition No. 9772/2011,decided on
07.08.2012 and Man Singh Hada and Ors. vs. State of
Rajasthan & Anr. : S.B. Civil Writ Petition No.8124/2012,
decided on 28.01.2014.
2. It is further contended that a Division Bench of this Court has
also observed in the case of Brij Lal Bundel vs. State and Anr.,that
[2023:RJ-JD:33327] (2 of 3) [CW-15483/2023]
if the order of suspension is revoked and the employee is
reinstated in service, he, as per Rule 29 of the Rajasthan Service
Rules, is entitled to annual grade increments. Reference is also
made to the adjudication by a co-ordinate Bench of this Court
taking note of the cases aforesaid in the case of Ajeet Singh Vs.
State of Rajasthan & Ors., decided on 03.11.2014, holding thus:
"Learned counsel has submitted that a division
bench of this Court in Brij Lal Bundel vs. State and
Another - 2007 (1) RLW 484 has also held that when
the order of suspension is revoked and the employee
is reinstated in service, he, as per Rule 29 of the
Rajasthan Service Rules, becomes entitled to annual
grade increments as the increment has to be drawn in
the matter of course unless withheld. The period of
suspension is normally treated as period spent on
duty for the purpose of pension. If the period is
treated as spent on duty, there would not be break in
service and therefore there is no reason why the
government servant was deprived of annual grade
increments falling due in the suspension period after
his reinstatement. It was held that denial of annual
grade increments in such a scenario would
tantamount to withholding increments, which is a
penalty specified under Rule 14 of the Rajasthan Civil
Services (CCA) Rules, 1958, which penalty cannot be
imposed without observing the procedure envisaged
in Rule 16 and 17 of the CCA Rules."
3. Learned counsel for the petitioner further submits that at this
stage, the petitioner will be satisfied if the respondents are
directed to decide the representation of the petitioner, within a
time frame, which he is ready and willing to address within a
period of two weeks.
4. In view of the limited prayer addressed; the instant writ
proceedings are closed with a direction to the petitioner to address
a comprehensive representation within two weeks hereinafter,
enclosing a copy of the judgment, which has been referred to and
relied upon in support of his claim.
[2023:RJ-JD:33327] (3 of 3) [CW-15483/2023]
5. In case, a representation is so addressed within the aforesaid
period, the State-respondents are directed to consider and decide
the same by a reasoned and speaking order in accordance with
law as expeditiously as possible, however, in no case later than
three months from the date of receipt of the representation
alongwith a certified copy of this order.
6. Upon consideration of the representation so filed, if respondents
find the case of the petitioner to be covered by the judgment(s)
aforesaid, before giving actual benefits, an undertaking shall be
procured from the petitioner to the effect that his
rights/entitlements shall be subservient to the fate of the
judgment(s) aforesaid and in case, the same is reversed or
modified in any manner, he shall also be liable for restitution of
any benefits/emoluments so received.
7. With the observations and directions, as indicated above, the
writ petition stands disposed of
(VINIT KUMAR MATHUR),J
235-SanjayS/-
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