Ramesh Chand Koli S/O Shri Vishan Lal ... vs The Executive Engineer ...
2024 Latest Caselaw 938 Raj/2

Rajasthan High Court

Ramesh Chand Koli S/O Shri Vishan Lal ... vs The Executive Engineer ... on 6 February, 2024

Author: Sameer Jain

Bench: Sameer Jain

[2024:RJ-JP:6188]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 2837/2023

Ramesh Chand Koli S/o Shri Vishan Lal Koli, Aged About 60
Years, Resident Of Village- Lohra, Tehsil And District Karauli
(Raj.)
                                                                         ----Petitioner
                                         Versus
1.       The    Executive           Engineer,     Public      Works      Department,
         Division First, Karauli (Raj.)
2.       The Assistant Engineer, Public Works Department, Sub-
         Division-I, Karauli (Raj.)
                                                                      ----Respondents

For Petitioner(s) : Ms. Pankaj Solanki for Ms. Sunita Vashistha For Respondent(s) :

HON'BLE MR. JUSTICE SAMEER JAIN

Order

06/02/2024

1. The instant petition is filed with the following prayers:-

"a) By issuing an appropriate writ order and direction may kindly be modify the award dated 09.09.2021 enhancing the amount of compensation provide along with all the consequential benefits to the petitioner;

b) Any other order or direction which this Hon'ble court deems just and proper may also be passed in favour of the petitioner."

2. Learned counsel for the petitioner has submitted that

the controversy involved in the present petition, being akin on

facts as well as the law applicable, is squarely settled by the

dictum of this Court as enunciated in S.B. Civil Writ Petition

No.3816/2023 titled as Satyanarayan Sharma Vs. The

Executive Engineer, Public Works Department & Anr.

[2024:RJ-JP:6188] (2 of 2) [CW-2837/2023]

decided vide order dated 06.09.2023. The relevant extract is

reproduced herein-under:-

"As far as enhancement of compensation is concerned, the conduct of petitioners workmen is not unblemished but suffer from delay, therefore, they cannot claim equity and parity to get compensation, which is payable to a workman, who raised his dispute promptly and without any delay. The workmen petitioners are not entitle to claim equivalent compensation as awarded to other workmen in other cases who raised dispute without any delay. Therefore, on facts of present case, the claim of petitioners for enhancement of compensation placing reliance on judgments of Division Bench of this court is not acceptable."

3. Therefore, considering the submissions made herein-

above and placing reliance upon the dictum of this Court as

enunciated in Satyanarayan Sharma (Supra), this Court deems

it appropriate to dismiss the instant petition by holding that no

case for enhancement of compensation is made out in favour of

the petitioner.

4. However, it goes without saying, that the award dated

09.09.2021 granting compensation to the petitioner be released

expeditiously sans any enhancement.

5. In view of the above, the present petition is dismissed.

Pending applications, if any, stand disposed of.

(SAMEER JAIN),J

JKP/40

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