Rajasthan High Court - Jodhpur
Salim Khan vs State Of Rajasthan (2025:Rj-Jd:41297) on 16 September, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:41297]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16073/2025
Salim Khan S/o Sh. Asalam Khan, Aged About 59 Years,
Resident Of Thane Ke Pichhe, Aaspur, Tehsil Aaspur, District
Dungarpur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary To The
Government, Department Of Excise, Secretariat, Jaipur
2. The Excise Commissioner, Abkari Bhawan, 2-
Gumaniyawala Panchwati, Udaipur (Raj.)
3. District Excise Officer, Udaipur
----Respondents
For Petitioner(s) : Mr. Harish Kumar Purohit with
Mr. Shashank Sharma
For Respondent(s) : Mr. Gaurav Bishnoi for
Mr. Mahaveer Bishnoi, AAG
HON'BLE MS. JUSTICE REKHA BORANA
Order
16/09/2025
1. The present writ petition has been filed against order dated
13.08.2024 (Annexure-1) to the extent, the increments and salary
for the period of suspension were not allowed to the petitioner
while revoking his suspension.
2. Counsel for the petitioner submits that vide order dated
28.06.2022 (Annexure-3), two employees, one Ishwar Singh
Shaktawat and the present petitioner were put under suspension.
3. The suspension of both the incumbents was revoked on
13.08.2024. As the increments and salary for the period of
suspension were not awarded to them, Ishwar Singh Shaktawat
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preferred a writ petition before this Court being S.B. Civil Writ
Petition No.8997/2025. The said writ petition was disposed of vide
order dated 06.05.2025 whereby the petitioner therein was
granted a liberty to file a representation before the respondent-
Authorities and further appropriate directions were granted to the
respondent authorities.
4. Counsel for the petitioner submits that similar order be
passed in the present writ petition too.
5. Counsel for the respondents is not in a position to refute the
above facts.
6. In "Ishwar Singh Shaktawat Vs. State of Rajasthan &
Ors.: (supra)", the Court observed and held as under :-
"1. Learned counsel for the petitioner, at the very outset,
submits 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 the case of Sardar Mal vs.
State of Rajasthan & Ors. S.B. Civil Writ Petition No.
9772/2011, decided on 07.08.2012 and Man Singh Hada and
Ors. vs. State of Rajasthan & Anr.: S.B. Civil Writ Petition No.
8124/2012, decided on 28.01.2014.
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
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 03.11.2014, 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
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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 will be satisfied if the 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
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,
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. Stay application also stands disposed of, accordingly."
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7. In view of the above, the present writ petition is also
disposed of on the same terms and conditions as in Ishwar
Singh Shaktawat (supra).
8. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
282-Arjun/-
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