Sita Devi vs State Of Rajasthan (2024:Rj-Jd:42083)
2024 Latest Caselaw 9027 Raj

Rajasthan High Court - Jodhpur

Sita Devi vs State Of Rajasthan (2024:Rj-Jd:42083) on 16 October, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:42083]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 16336/2024

Sita Devi W/o Shri Tikam Chand Nayak, Aged About 49 Years,
R/o Aasan Mohalla, Ward No.4, Kanwalyas, Bhilwara (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Rural Development and Panchayati Raj, Secretariat,
         Govt. Of Rajasthan, Jaipur.
2.       The Chief Executive Officer, Zila Parishad Bhilwara,
         District Bhilwara.
3.       The Vikas Adhikari, Panchayat Samiti Baneda, District
         Bhilwara.
4.       The Assistant Director, Pension and Pensioners Welfare
         Department, Regional Office, Ajmer.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. J.S. Bhaleria.
For Respondent(s)         :     Mr. Mahaveer Pareek, AGC
                                Ms. Neelam Sharma, AGC.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

16/10/2024

1. Mr. Bhaleria, learned counsel for the petitioner, at the outset

submits that the issue involved in the present writ petition is

squarely covered by a decision dated 12.04.2017, rendered by

Jaipur Bench of this Court in SBCWP No.5400/2015 (Rajkumar

Agarwal Vs. State of Rajasthan), wherein this Court has held that

the decision of the respondents is detrimental to the petitioner's

rights with respect to grant of pay protection.

2. Learned counsel for the respondents is not in a position to

dispute the above referred position of facts and law.

[2024:RJ-JD:42083] (2 of 2) [CW-16336/2024]

3. In view of the aforesaid, following the judgment of this Court

in Rajkumar Agarwal's case (supra), the present petition is

allowed. It is declared that the petitioner shall be entitled for

protection of her pay, which she is having prior to her absorption

as Gram Sevak in the respondent Panchayat Department.

4. The respondents shall pass consequential order in light of the

above, within a period of eight weeks from today.

5. The stay application also stands disposed of accordingly.

6. 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 petitioner

would be entitled to the relief.

(VINIT KUMAR MATHUR),J 74-Shahenshah/-

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