Rajasthan High Court - Jodhpur
Ganpat Ram vs The State Of Rajasthan ... on 4 September, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:36798]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14458/2024
Ganpat Ram S/o Shri Koja Ram, Aged About 45 Years, Resident
Of Lohiya Para, Mohangarh, Jaisalmer.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Revenue, Government Of Rajasthan,
Jaipur.
2. The District Collector, Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Sunil Solanki
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/09/2024
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 case of Sardar Mal
Vs. State of Rajasthan & Ors.: SBCWP No. 9772/2011,
decided on 7th August, 2012 and Man Singh Hada and
Ors. Vs. State of Rajasthan & Anr.: SBCWP No.
8124/2012, decided on 28th January, 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 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
[2024:RJ-JD:36798] (2 of 3) [CW-14458/2024]
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 17of the CCA
Rules."
3. Learned counsel for the petitioner further submits that at
this stage, the petitioner will 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 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
[2024:RJ-JD:36798] (3 of 3) [CW-14458/2024]
hereinafter, enclosing a copy of the judgment, which has
been 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. 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.
8. The stay application is also disposed of.
9. 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.
(FARJAND ALI),J
60-Ashutosh/-
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