Rajasthan High Court - Jodhpur

The State Of Rajasthan vs Labh Chand (2025:Rj-Jd:37294-Db) on 20 August, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:37294-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 768/2024

1. The State Of Rajasthan, Through Secretary, Water
Resources Department, Secretary Government Of
Rajasthan, Jaipur
2. The Superintending Engineer, Construction Zone Mahi
Bajaj Sager Project Banswara.
3. The Executive Engineer, Distributary Sub Division-1, Mahi
Bajaj Sager Project, District Banswara.
4. The Assistant Engineer, Sub Division-I Iird/ist Ghatol
Banswara.
5. Joint Director, Pension And Welfare Department, Udaipur
----Appellants
Versus
Mata Prasad Sharma S/o Vidhaya Ram, Aged About 62 Years,
1/9, Moreja Tower, Indra Bajar Ajmeri Gate Jaipur. At Present R/
o Bahi Colony Banswara District Banswara Retire As Mistry
Grade-2 Assitant Enginer Sub Division 2 L.m.c. Distibutory
Bagidora District Banswara.
----Respondent
Connected With
D.B. Spl. Appl. Writ No. 721/2024
1. The State Of Rajasthan, Through Secretary, Water
Resources Department, Secretary Government Of
Rajasthan, Jaipur.
2. The Superintending Engineer, Construction Zone Mahi
Bajaj Sager Project Banswara.
3. The Executive Engineer, Distributary Sub Division-1, Mahi
Bajaj Sager Project, Distric Banswara.
4. The Assistant Engineer, Sub Division-Iiird/ist Ghatol
Banswara.
5. Joint Director, Pension And Welfare Department, Udaipur.
----Appellants
Versus
Bijendra Singh S/o Shri Amar Singh Ji, Aged About 62 Years,
Resident Of Mahi Colony Banswara Retire As Mistry Grade- 2
Assitant Enginer Sub Divison 2 L.m.c. Distibutory Bagidora

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District Banswara.
----Respondent
D.B. Spl. Appl. Writ No. 731/2024
1. The State Of Rajasthan, Through Secretary, Water
Resources Department, Secretary Government Of
Rajasthan, Jaipur.
2. The Superintending Engineer, Construction Zone Mahi
Bajaj Sager Project Banswara.
3. The Executive Engineer, Distributary Sub Division-1 Mahi
Bajaj Sager Project, District Banswara.
4. The Assistant Engineer, Sub Division-1 Iird/ist Bagidora,
Banswara.
5. Joint Director, Pension And Welfare Department Udaipur.
----Appellants
Versus
Labh Chand S/o Thanwara Ji, Aged About 62 Years, Village
Baroda Post Panch Lawasa District Banswara Retire As Mistry
Grade-2, Assistant Enginer Sub Division 2 L.m.c. Distributory
Bagidora District Banswara.
----Respondent
D.B. Spl. Appl. Writ No. 772/2024
1. The State Of Rajasthan, Through Secretary, Water
Resources Department, Secretary Government Of
Rajasthan, Jaipur.
2. The Superintending Engineer, Construction Zone Mahi
Bajaj Sagar Project Banswara.
3. The Executive Engineer, Distributary Division Left Canal
Mahi Bajaj Sagar Project Garhi, District Banswara.
4. The Assistant Engineer, Distributary Sub Division-2 Leaft
Main Canal, Mahi Bajaj Sagar Project, Bagidora Distric
Banswara.
5. Joint Director, Pension And Welfare Department, Udaipur.
----Appellants
Versus
Rajmal Jain S/o Shri Shobhgmal Jain, Aged About 62 Years,
Resident Of Ghatol Tehsil Banswara District Banswara Retire As
Mistry Grade-2 Assitant Enginer Sub Division 2 L.m.c. Distibutory

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Bagidora District Banswara.
----Respondent
D.B. Spl. Appl. Writ No. 774/2024
1. The State Of Rajasthan, Through Secretary, Water
Resources Department, Secretary Government Of
Rajasthan Jaipur
2. The Superintending Engineer, Construction Zone Mahi
Bajaj Sager Project Banswara.
3. The Assistant Engineer, Building And Right Main Canal
Distributary Sub Division-3 Mahi Bajaj Sager Project
Ghatol, District Banswara.
4. Joint Director, Pension And Welfare Department Udaipur.
----Appellants
Versus
Ratan Lal S/o Late Shri Dhan Ji, Aged About 64 Years, Village
Kundala Tehsil District Banswara Retire As Mistry Assistant
Engineer, Building And Right Main Canal Distributary Sub
Division-3 Mahi Bajaj Sager Project Ghatol, District Banswara.
----Respondent
D.B. Spl. Appl. Writ No. 776/2024
1. The State Of Rajasthan, Through Secretary, Water
Resources Department, Secretary Government Of
Rajasthan, Jaipur.
2. The Superintending Engineer, Construction Zone Mahi
Bajaj Sager Project Banswara.
3. The Executive Engineer, Distributary Division Left Canal
Mahi Bajaj Sager Project Garhi, District Banswara.
4. Assistant Engineer, Distributary Sub Division-2 Leaft Main
Canal, Mahi Bajaj Sager Project, Bagidora, District
Banswara.
5. Joint Director, Pension And Welfare Department, Udaipur.
----Appellants
Versus
Kishore Kumar Sharma S/o Late Shri Ramesh Chandra, Aged
About 62 Years, Resident Of Village Gamadi, Post Talwada Tehsil
Banswara District Banswara Retire As Mistry Grade-2 Assistant
Enginer Sub Division 2 L.m.c. Distibutory Bagidora District

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Baanswara
----Respondent
D.B. Spl. Appl. Writ No. 781/2024
1. State Of Rajasthan, Through Secretary, Water Resources
Department, Secretary Government Of Rajasthan Jaipur.
2. The Superintending Engineer, Construction Zone Mahi
Bajaj Sager Project Banswara.
3. The Executive Engineer, Distributary Division Left Canal
Mahi Bajaj Sager Project Garhi, District Banswara.
4. Assistant Engineer, Distributary Sub Division-2 Leaft Main
Canal, Mahi Bajaj Sager Project, Bagidora, District
Banswara.
5. Joint Director, Pension And Welfare Department Udaipur.
----Appellants
Versus
Vijay Pal S/o Late Shri Hur Ji, Aged About 62 Years, Resident Of
Village Saredi Bhilan Tehsil Banswara District Banswara Retire As
Mistry Grade-2 Assistant Enginer Sub Division 2 L.m.c.
Distibutory Bagidora District Banswara.
----Respondent
D.B. Spl. Appl. Writ No. 789/2024
1. The State Of Rajasthan, Through Secretary, Water
Resources Department, Secretary Government Of
Rajasthan, Jaipur.
2. The Superintending Engineer, Construction Zone Mahi
Bajaj Sager Project Banswara.
3. The Assistant Engineer, Building And Right Main Canal
Distributary Sub Division-3 Mahi Bajaj Sager Project
Ghatol, District Banswara.
4. Assistant Engineer, Water Resources Sub Division First Lal
Sagar Jodhpur.
5. Joint Director, Pension And Welfare Department Jodhpur.
----Appellants
Versus
Durga Ram Choudhary S/o Late Shri Nena Ram, Aged About 62
Years, Resident Of Village Bada Kallan Tehsil Bhopalgarh District
Jodhpur Retire As Mistry Assistant Engineer Water Resources Sub

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Division First Lal Sagar Jodhpur.
----Respondent
D.B. Spl. Appl. Writ No. 1052/2024
1. State Of Rajasthan, Through Secretary, Water Resources
Department, Secretary, Government Of Rajasthan, Jaipur.
2. The Superintending Engineer, Construction Zone Mahi
Bajaj Sagar Project Banswara.
3. The Executive Engineer, Distributory Division Left Canal
Mahi Bajaj Sager Project Garhi, District Banswara.
4. Assistant Enginee, Distributary Sub Division-3, Leaft Main
Canal, Mahi Bajaj Sagar Project, Talwada, District
Banswara.
5. Joint Director, Pension And Welfare Department, Udaipur.
----Appellants
Versus
Laxman Singh S/o Late Shri Amer Singh Ji, Aged About 62
Years, Village Samagra, Tehsil Banswara, District Banswara
Retire As Mistry Grade-2, Assistant Engineer Sub Division 3
L.m.c. Distibutory Talwara District
----Respondent

For Appellant(s) : Mr. Praveen Khandelwal, AAG
For Respondent(s) : Mr. Bhanu Prakash Mathur

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

20/08/2025

1. Heard on the application preferred under Section 5 of the

Limitation Act.

2. The application is not opposed by learned counsel for the

respondent.

3. For the reasons stated in the application, the same is allowed

and the delay in filing the appeal is condoned.

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4. Heard the present appeals on merits also.

5. Since the present appeals arise out of a common judgment

rendered in a batch of writ petitions, therefore, the same are

being decided by this common order.

6. The present appeals have been filed against the order dated

17.01.2024, whereby, the writ petitions have been allowed and

the respondents-petitioners have been granted the benefit of pay

scale No.7 as amended vide circular dated 25.01.1992 issued by

the Finance Department and the learned Single Bench has held

that the petitioners-respondents herein will be entitled to be paid

the pay scale of Rs.1200-2050 w.e.f. 01.09.1988 in the cash

benefit to be paid from 01.04.1994.

7. Learned counsel for the State submits that the controversy

involved in the present cases was already decided by this Court in

the case of Alwar Division Irrigation Employees Union vs.

State of Rajasthan & Ors. (S.B. Civil Writ Petition

No.607/19910 and Narpat Singh and Anr. vs. State of

Rajasthan & Ors. reported in 2001(5) WLC (Raj.) 427 and in

those cases the cash benefits were ordered to be paid w.e.f.

01.04.1994 on the ground that those writ petitioners approached

this Court way back in the year 1991 and even prior to that.

However, in the present case, the writ petitions were filed in the

year 2017, therefore, the respondents-petitioners cannot be given

the benefit of cash payment w.e.f. 01.01.1994. In these

circumstances, learned counsel for the State restricts his challenge

only to the extent of benefit of cash payment w.e.f. 01.01.1994

and he prays that the benefit of cash payment may be given to

the respondents-petitioners w.e.f. the date of filing the writ

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petitions. Learned counsel submits that since the respondents-

petitioners have filed these writ petitions after a long day,

therefore, they cannot be given the benefit of cash payments

w.e.f. 01.01.1994. He, therefore, prays that the present appeals

may be allowed to the extent as stated above and the order

passed by the learned Singe Judge dated 17.01.2024 may be

modified accordingly.

8. Learned counsel for the respondent submits that since the

writ petitions have been filed in the year 2017, therefore, relief of

cash benefits may be granted to the petitioners w.e.f. 01.4.2018

and therefore, prays that the order of the learned Single Judge

may be modified only to that extent.

9. We have considered the submissions at bar and gone

through the relevant record of the case.

10. We note that although the controversy stands covered by the

judgments rendered by this Court in the cases of Alwar Division

Irrigation Employees Union and Narpat Singh (supra) as the

petitioners are similarly situated 'Mistries' to the 'Mistries' who are

petitioners in the above stated cases and, therefore, they are

entitled to the same pay scale of Rs.1200-2050. We further note

that in the cases mentioned here-in-above, the petitioners

approached this Court way back in the year 1991, whereas, the

petitioners have filed these writ petitions in the later part of the

year 2017 and therefore, it will be in the interest of justice that

the relief of the cash benefits may be extended to the present

petitioners-respondents w.e.f. 01.04.2018 as the writ petitions

were preferred from the later part of the year 2017.

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11. In view of the discussions made above, the present appeals

are partly allowed and the order of the learned Single Judge is

modified in the following terms:-

"Consequently, the petitioners are entitled to be paid

pay scale of Rs.1200-2050 w.e.f. 01.09.1988 (cash

benefit to be paid from 01.04.2018), for the just and

proper implementation of the orders passed in favour

of the petitioners in the first round of litigation

granting them pay scale No.7, in terms of the Rules of

1989 so also substituted in conformity with the circular

dated 25.01.1992".

12. The needful exercise shall be done by the respondents within

a period of eight weeks from the date of certified copy of this

order.

(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J 110-Taruna/-