Rajasthan High Court - Jodhpur

Khem Raj Nagda vs State Of Rajasthan ... on 9 October, 2023

Bench: Vinit Kumar Mathur

[2023:RJ-JD:33855]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13089/2023

1. Khem Raj Nagda S/o Heera Lal, Aged About 61 Years, R/o. Village Gayufal, Post Jemli, Tehsil Sayara, Distt. Udaipur.

2. Sav Lal Meghwal S/o Kheta Ram, Aged About 60 Years, R/o. Village Unan (Sanchli), Post Semad Tehsil Sayara, Distt. Udaipur.

3. Meetha Lal S/o Udai Lal, Aged About 54 Years, R/o.

Village Bateri, Tehsil Sayara, Distt. Udaipur.

4. Hanumant Singh Suawat S/o Bhanwar Singh, Aged About 54 Years, R/o. Village Suawato Ka Guda, Tehsil Sayara, Distt. Udaipur.

5. Bhawani Shankar Joshi S/o Nathu Lal, Aged About 59 Years, R/o. Village Kamol, Tehsil Sayara, Distt. Udaipur.

6. Lal Singh Chouhan S/o Bhanwar Singh, Aged About 57 Years, R/o. Village Kanji Ka Guda, Tehsil Sayara, Distt. Udaipur.

7. Jagdish Chandra Kalal S/o Sukh Lal, Aged About 54 Years, R/o. Village Manpur, Tehsil Jhadol, Distt. Udaipur.

8. Himmatmal Nagda S/o Panna Lal, Aged About 56 Years, R/o. Village Bateri, Tehsil Sayara, Distt. Udaipur.

9. Sohan Lal S/o Mana Ram, Aged About 56 Years, R/o.

Village Jemli, Tehsil Sayara, Distt. Udaipur.

10. Lachha Ram S/o Lalu Ram, Aged About 59 Years, R/o.

Village Hyla, Tehsil Sayara, Distt. Udaipur

11. Peetha Ram Meghal S/o Moda Ram, Aged About 57 Years, R/o. Village Jhalo Ka Guda, Tehsil Gogunda, Distt. Udaipur.

12. Arjun Singh Ranawat S/o Ummaid Singh, Aged About 60 Years, R/o. Village Jemli, Tehsil Sayara, Distt. Udaipur.

13. Ram Chandra Nagda S/o Devi Lal Nagda, Aged About 56 Years, R/o. Village Gayfal, Tehsil Sayara, Distt. Udaipur.

14. Hadmat Singh Ranawat S/o Nahar Singh, Aged About 60 Years, R/o. Village Padarla, Tehsil Gogunda, Distt. Udaipur.

15. Chunni Lal Teli S/o Durga Lal, Aged About 58 Years, R/o.

Village Shrimalio Ki Madri, Tehsil Gogunda, Distt. Udaipur.

16. Chandra Shekhar Joshi S/o Ganga Ram, Aged About 60 Years, R/o. Village Kamol, Tehsil Sayara, Distt. Udaipur.

17. Prema Shreemali D/o Kamla Shankar, Aged About 56 Years, R/o. Shreemaliyo Ki Nadadi, Nandeshma Tehsil Gogunda, Distt. Udaipur.

18. Umesh Kumar Chobisa S/o Mohan Lal Chobisa, Aged About 57 Years, R/o. Khandora, Post- Intali Kheda,tehsil Salumber, District- Udaipur.

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19. Dinesh Kumar Pandey S/o Tulsi Ram, Aged About 57 Years, R/o. Intali Kheda, Tehsil Salumber, District- Udaipur.

20. Mohan Lal Bunkar S/o Chiman Lal, Aged About 58 Years, R/o. Intali Kheda, Tehsil Salumber, District- Udaipur.

21. Smt. Pushpa Jain D/o Kailash Chandra, Aged About 53 Years, R/o. Intali Kheda, Tehsil Salumber, District- Udaipur.

22. Amrit Lal Bunkar S/o Udaji, Aged About 59 Years,R/o.

Semari, Tehsil Salumber, District- Udaipur.

23. Yashwant Kumar Jain S/o Laxmi Lal, Aged About 60 Years, R/o. Semari, Tehsil Salumber, District- Udaipur.

24. Lalu Ram S/o Pemji Patel, Aged About 59 Years, R/o.

Saupur, Post-Srada Tehsil Salumber, District- Udaipur.

25. Moti Lal Meena S/o Punjaji, Aged About 59 Years, R/o.

Srada Tehsil Salumber, District- Udaipur.

26. Gamer Singh Balla S/o Kesar Singh, Aged About 61 Years, R/o. Badawli, Semari, Tehsil Salumber, District- Udaipur.

27. Pram Shankar Chobisa S/o Keshav Lal, Aged About 66 Years, R/o. Salumber, Tehsil-Salumber District- Udaipur.

28. Amrit Lal Meena S/o Manna Ram, Aged About 55 Years, R/o. Karanpuriya Semari, Tehsil-Salumber, District- Udaipur.

29. Kanheya Lal S/o Nathu Ji, Aged About 59 Years, R/o.

Jhadol, District- Udaipur.

30. Prem Dutt Patel S/o Modi Lal, Aged About 59 Years, R/o.

Bana Khurd,sarada Tehsil-Salumber District- Udaipur.

31. Tej Shankar S/o Upnja Lal, Aged About 57 Years,R/o.

Ajbara, Sarada, Tehsil-Salumber, District- Udaipur.

32. Veer Mal Vadera S/o Khatu Ji, Aged About 57 Years, R/o.

Sada, Tehsil-Jhadol, District- Udaipur.

33. Kailash Narayan Kharadi S/o Nathu Ji, Aged About 61 Years, R/o. Amliya, Tehsil-Jhadol, District- Udaipur.

34. Kanhaiya Lal Gamar S/o Darga Ji, Aged About 63 Years, R/o. Amliya, Tehsil-Jhadol, District- Udaipur.

35. Minna Lal Kher S/o Jora, Aged About 57 Years, R/o.

Chhapar, Tehsil-Kotda, District- Udaipur.

36. Govind Singh Chouhan S/o Sumer Singh, Aged About 55 Years, R/o. Madari, Tehsil-Gogunda, District- Udaipur.

37. Narbada Shankar S/o Devi Lal, Aged About 60 Years, R/o.

Salumbar, District- Udaipur.

38. Jaswant Singh S/o Kesar Singh, Aged About 61 Years, R/o. Salumbar, District- Udaipur.

39. Ramesh Chandra Kangwa S/o Rupaji, Aged About 56 Years, R/o. Mandwal ,tehsil- Kotda District- Udaipur.

40. Omprakash Sain S/o Maganlal, Aged About 53 Years, R/o.

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Kotda ,tehsil- Kotda District- Udaipur.

41. Yashwant Kumar S/o Durga Shankar Dave, Aged About 62 Years, R/o. Kotda ,tehsil- Kotda District- Udaipur.

42. Suresh Kumar S/o Khem Chand, Aged About 58 Years, R/o. Kotda ,tehsil- Kotda District- Udaipur.

43. Makbool S/o Abid Hussain, Aged About 56 Years, R/o.

Kotda ,tehsil- Kotda District- Udaipur.

44. Jorawar Singh S/o Honiyaji Khair, Aged About 55 Years, R/o. Village Dhadhmata ,tehsil- Kotda, District- Udaipur.

45. Mohd Yusuf Khan S/o Mukhar Khan, Aged About 64 Years, R/o. Village And Tehsil- Kotda, Tehsil- Kotda District- Udaipur

46. Shantilal Sharma S/o Revashankar Sharma, Aged About 58 Years, R/o. Village Mandwa ,tehsil- Kotda, District- Udaipur

47. Hari Singh Deora S/o Chandan Singh, Aged About 55 Years, R/o. Kotda Tehsil- Kotda, District- Udaipur

48. Ramesh Chandra Sharma S/o Reva Shankar Sharma, Aged About 57 Years, R/o. Bikarni ,tehsil- Kotda, District- Udaipur.

49. Sukh Lal S/o Kacharaji Patel, Aged About 60 Years, R/o.

Kotda ,tehsil- Kotda, District- Udaipur.

50. Raja Ram S/o Haja Ram, Aged About 54 Years, R/o.

Dharanadi Tehsil- Kotda, District- Udaipur

51. Yusuf Khan S/o Musavar Khan, Aged About 64 Years, R/o.

Kotda ,tehsil- Kotda, District- Udaipur

52. Jarina Begam, Aged About 59 Years, R/o. Kotda ,tehsil-

Kotda, District- Udaipur

53. Saroj Jain W/o Narayan Lal, Aged About 54 Years, R/o.

Bikarni ,tehsil- Kotda, District- Udaipur.

54. Rajendra Jain S/o Mangi Lal, Aged About 53 Years, R/o.

Bikarni ,tehsil- Kotda, District- Udaipur.

55. Udai Lal S/o Homaji, Aged About 58 Years, Sondraf ,tehsil- Kotda, District- Udaipur.

56. Mohammad Ali S/o Abid Husain, Aged About 62 Years, R/o. Kotda, Tehsil- Kotda, District- Udaipur.

57. Suresh Agarwal S/o Khem Chand, Aged About 59 Years, R/o. Kotda, Tehsil- Kotda, District- Udaipur.

----Petitioners Versus

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

2. Director, Elementary Education, Bikaner.

3. Director, Secondary Education, Bikaner.

4. District Education Officer (Secondary Edu.), Udaipur.

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5. District Education Officer (Elementary Edu.), Udaipur.

6. The Dy. Director, Pension And Pensioners Welfare Department, Udaipur.

                                                                    ----Respondents


For Petitioner(s)            :    Mr. K.P.S. Deora
For Respondent(s)            :    Mr. Hemant Choudhary, GC assisted
                                  by Mr. Vishal Jangid
                                  Mr. Ravi Panwar

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/10/2023

Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by a

judgment of this Court rendered in S.B. Civil Writ Petition

No.14444/2015 (Smt. Saroj Bala Bhatt & Anr. Vs. State of

Rajasthan & Ors.) and other connected matter, decided on

04.08.2022, which reads as under:-

"The present writ petitions have been filed against the order dated 31.10.2015 whereby the earlier order vide which the monetary benefits in pursuance to the selection grade were granted to the petitioners has been ordered to be cancelled. Learned counsel for the petitioners submitted that the issues as to from which date the benefit of selection grade and regularisation has to be granted and whether the benefit already granted can be withdrawn, were under consideration in the matter of State of Rajasthan & Ors. Vs. Chandra Ram (D.B. Special Appeal Writ No.589/2015) decided on 07.07.2017.

While replying to the said issues, the Division Bench held as under:

"37. QUESTION A For the reasons and discussions aforesaid and in view of the law declared by the Supreme Court in the case of

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Jagdish Narain Chaturvedi and Surendra Mahnot & Ors. (supra); we are of the opinion that the respondent - employee would stand regularized from the date of regularization in service and not prior to that.

38. QUESTION B Taking into consideration the recent decision, prior to two decades the regularization period was not questioned by anybody, therefore, in a writ petition filed by the petitioner it will not be appropriate for us to allow the Government to end the regularization. However, regularization will be from the date of regularization done by the department and not prior thereto.

39. QUESTION C The contention of the counsel for the employees is required to be accepted and it cannot be annulled unless it has been annulled by appropriate authority. However, the benefits shall not be withdrawn but in future when the benefits are to be accorded for further promotion, the same will be considered on the basis of new law declared by the Supreme Court i.e. period will be considered from the date of regularization. When the future benefit of 9, 18 and/or 27 will be considered their ad-hoc service will not be considered for the purpose of benefit of 9, 18 and/or 27 years. But if benefit has already been granted for all the three scales; the same shall not be withdrawn and no recovery will be made from the employees.

40. QUESTION D In view of our answer in above matters, it is very clear that for the purpose of regularisation the date of regularisation will be from the date of regular appointment. In that view of the matter, there cannot be two dates for the purpose of seniority and the other benefits. However, earlier services will be considered for the purpose of the same if there is a shortage in pensionary benefits.

41. QUESTION E In view of the observations made by the Supreme Court, as referred to above, the ad-hocism will not be considered for seniority. In that view of the matter, there will be only one date for regularization, date of regularizing

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ad-hoc period will not have any effect on seniority. In our considered opinion, the Division Bench of this Court in the case of State of Rajasthan & Ors. vs. Gopa Ram in DB Civil Special Appeal No.44/2016, decided on 18.04.2016 had no right to distinguish the judgment of the Supreme Court in the case of Jagdish Narayan Chaturvedi (Supra) and State of Rajasthan vs. Surendra Mohnot & Ors.(supra). Thus, the decision of State of Rajasthan & Ors. vs. Gopa Ram (supra) did not lay down correct law. The correct law would be the law declared by the Supreme Court in the two judgments referred hereinabove."

Learned counsel for the respondents also admitted the issue in question to be covered by Chandra Ram's case (supra).

In view of the ratio as laid down in Chandra Ram's case (supra), the present writ petitions are allowed on the same terms and conditions.

All the pending applications also stand disposed of."

For the self same reasons, the present writ petition is

disposed of in light of the judgment rendered by this Court in the

case of Smt. Saroj Bala Bhatt (supra).

It is made clear that any recovery made by the respondents

in pursuance of the grant of ACP, the petitioners will be free to

move an appropriate representations in accordance with law for

the refund of the recovery.

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.