Rajasthan High Court
Banwari Lal Gupta S/O Shri Hazarilal ... vs The State Of Rajasthan ... on 1 February, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:5318]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1520/2024
Banwari Lal Gupta S/o Shri Hazarilal Gupta, Aged About 55
Years, R/o Near Shriram School, Soorsagar, Gangapur City,
District Sawai Madhopur, (Rajasthan).
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Rural Development And Panchayati Raj Development
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Chief Executive Officer, Zila Parishad, Sawai
Madhopur, (Rajasthan).
3. The Block Development Officer, Panchayat Samiti
Gangapur City, District Sawai Madhopur.
4. The Block Development Officer, Panchayat Samiti
Bamanwas, District Sawai Madhopur.
----Respondents
For Petitioner(s) : Mr. K.N. Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
01/02/2024
1. Learned counsel for the petitioner, at the very outset,
submitted that the controversy raised in the instant writ petition
stands resolved in view of the adjudication made by a Co-ordinate
Bench of this Court in case of Sardar Mal Vs. State of
Rajasthan & Ors.: S.B. CWP No.9772/2011, decided on 7th
August, 2012 and Man Singh Hada and Ors. Vs. State of
Rajasthan & Anr.: SB CWP No.8124/2012, decided on 28th
January, 2014.
[2024:RJ-JP:5318] (2 of 3) [CW-1520/2024]
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 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 3rd November, 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 would be satisfied if the State- respondents
are directed to decide the representation of the petitioner, within a
time frame, which he is ready and willing to furnish.
[2024:RJ-JP:5318] (3 of 3) [CW-1520/2024]
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 to the respondents within two
weeks hereinafter, enclosing a copy of the judgment, which he has
referred to and relied upon in support of his claim.
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 along
with a certified copy of this order.
6. With the observations and directions, as indicated above, the
writ petition stands disposed off. All pending applications, if any,
stand disposed of.
(GANESH RAM MEENA),J
ARTI SHARMA /46
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