[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Gopi Lal Solanki vs The State Of Rajasthan ... on 23 February, 2026
Author: Nupur Bhati
Bench: Nupur Bhati
[2026:RJ-JD:9489]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15865/2025
Gopi Lal Solanki S/o Chuna Ji Solanki, Aged About 46 Years, R/o
Village Ugamanawas Bagra, Tehsil And District Jalore, Rajasthan
At Present As A Excise Inspector Circle Bali, District Pali
(Rajasthan)
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary
Finance (Excise), Rajasthan Jaipur.
2. Excise Commissioner, Excise Office, Udaipur (Rajasthan)
3. District Excise Officer, Pali, Rajasthan.
----Respondents
For Petitioner(s) : Ms. Deepika Soni
HON'BLE DR. JUSTICE NUPUR BHATI
Order
23/02/2026
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 case of Sardar Mal Vs. State of
Rajasthan & Ors.: SBCWP No. 9772/2011, decided on
07.08.2012 and Man Singh Hada and Ors. Vs. State of
Rajasthan & Anr.: SBCWP 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.
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[2026:RJ-JD:9489] (2 of 3) [CW-15865/2025]
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 17 of 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 hereinafter,
enclosing a copy of the judgment, which has been referred to and
relied upon in support of his claim.
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[2026:RJ-JD:9489] (3 of 3) [CW-15865/2025]
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 also
stands disposed of, accordingly.
(DR.NUPUR BHATI),J
219-/Devesh/-
(Uploaded on 23/02/2026 at 06:56:40 PM)
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