Disposed

State of Raj and Anr. v. Smt Usha Acharya

Rajasthan HC8 Sept 2015CW/9427/2014

Case brief

AI extract

What is this about?

The Rajasthan High Court disposed of numerous civil writ petitions by holding them governed by the Division Bench judgment in DB Civil Special Appeal No. 829/2014. The court directed the government to comply within three months, subject to the final outcome of the State's pending SLPs at the Supreme Court against the referenced judgment.

What did the court decide?

Set aside impugned orders; petitions to be decided as per judgments in Manju Rani Nadheria and DB CSA 829/2014; compliance directed within three months subject to pending SLPs.

State of Raj and Anr. Vs Smt Usha Acharya — Rajasthan HC (2015) — LawSathi Research

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IN HIGH COURT OF JUDICATURE FOR RAJASTHAN

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JAIPUR BENCH, JAIPUR

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ORDER

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S.B.CIVIL WRIT PETITION NO.10616/2015 (Smt Pushpa Trivedi versus State of Rajasthan & ors)

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AND

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S.B.CIVIL WRIT PETITION NO.7886/2014 (Smt. Surekha Trivedi & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.7447/2014 (Smt. Madhu Rani Dubey & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.7411/2014 (Smt. Sita Devi & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.7410/2014 (Smt. Neeta Phatak & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.7409/2014 (Smt. Jaishree Sura & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.6856/2014 Smt. Durga Kumari (Durga Jingar) & Ors. Vs. State of Raj. & Anr.

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AND

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S.B.CIVIL WRIT PETITION NO.8523/2014 (Smt. Madhu Jain & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.9728/2014 (Smt. Bhagwati Yadav & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.9735/2014 (Smt. Manju Lata Sharma & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.9755/2014 (Smt. Mamta Namawat & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.8302/2014 (Smt. Nirmala Chaturvedi & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.8251/2014 (Smt. Hemlata Paliwal Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.11297/2014 (Smt. Saraswati Bundel & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.11629/2014 (Smt. Suman Godara & Anr. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.11296/2014 (Smt. Indira Mathur & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.9882/2014 (Smt. Kanta Chhimpa Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.9796/2014 (Smt. Vimlesh Detani & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.13405/2014 (Smt. Vinita Srivastava Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.13579/2014 (Smt. Rukmani Agrawal & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.23/2015 (Smt. Geeta Parmar Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.14125/2014 (Smt. Sunita Shukla & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.14098/2014 (Smt. Srikanta Sharma & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.5865/2015 (Smt. Laxmi Srivastava Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.4731/2015 (Smt. Devki Sharma & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.3670/2015 (Smt. Sushila Puri & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.523/2015 (Smt. Jamila Jafari & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.159/2015 (Smt. Krishna Gera Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.6857/2015 (Smt. Rajbala Jaiswal Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.6844/2015 (Smt. Hansa Mogra & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.6285/2015 (Smt. Mamta Agarwal & Ors. Vs. State of Rajasthan & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.10129/2015 (Smt. Manju Chhangara & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.9738/2015 (Smt. Madhu Sankhala Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.8009/2015 (Smt. Madhu Sharma & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.13576/2014 (State of Rajasthan & Anr. Vs. Smt. Savitri Gaur & Ors.)

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AND

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S.B.CIVIL WRIT PETITION NO.12687/2014 (State of Rajasthan & Anr. Vs. Smt. Vimla Sharma & Anr.)

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AND

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S.B.CIVIL WRIT PETITION NO.9427/2014 (State of Rajasthan & Anr. Vs. Smt. Usha Acharya)

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8.9.2015

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Hon'ble Mr Justice MN Bhandari

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Mr.Hanuman Choudhary Mr Tarun Choudhary Mr Ashish Saksena Mr.Prahlad Singh Mr.Akhil Simlote - for petitioners

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Mr.Rajendra Prasad, Additional Advocate General – for the respondents - State and for petitioners-State in CW 13576/2014, 12687/2014 and 9427/2014)

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Mr Ashok Bansal – for employees-respondents in CW 13576/2014 and 9427/2014

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BY THE COURT:

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With consent of the parties, all these writ petitions

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have been heard and are being decided by this common order.

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It is submitted that the controversy involved in these petitions has been settled again by the Division Bench of this court in the bunch of Special Appeals led by DB Civil Special Appeal No.829/2014, decided on 7.8.2015. The prayer of learned counsel for the petitioners is to cover all these writ petitions by the judgment supra. In the said judgment, a reference has been given

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to the earlier judgment in the case of “Smt Manju Rani Nadheria versus State of Rajasthan”, SB Civil Writ Petition No.2156/2007, decided on 5.3.2010. The special appeal bearing DB Civil Special Appeal No.511/2010 against the judgment was dismissed by the Division Bench vide order dated 1.10.2010 followed by dismissal of the SLP by the Hon'ble Supreme Court on 26.11.2013. Therein, even review petition preferred by the State was also dismissed.

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The State has also filed writ petitions bearing CW 13576/2014, 12687/2014 and 9427/2014 against the order of the Rajasthan Civil Services Appellate Tribunal. Mr Rajendra Prasad, learned Additional Advocate General, submits that the bunch of appeals were decided but the government has preferred SLP against the judgment of the Division Bench in DB Civil Special Appeal No.829/2014 and connected appeals. It is looking to the fact that certain issues could not be raised at the time when initially writ petitions were decided. It was in the light of the Rajasthan Civil Services (Revised Pay Scales) Rules, 2008.

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Mr Rajendra Prasad further submits that if the writ petitions are disposed of in the light of the judgment in the DB Civil Special Appeal No.829/2014, it may be made clear that the order would finally be governed by outcome of the SLP preferred

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by the State Government against the above judgment dated 7.8.2015, rather, outcome of the SLP would regulate the fate of these writ petitions also.

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In view of the submissions made by learned counsel for the parties, what comes out is that the controversy involved in these writ petitions has been decided earlier in the case of Smt Manju Rani Nadheria (supra) and now in the bunch of special appeals led by DB Civil Special Appeal No.829/2014, decided on 7.8.2015 by the Division Bench of this court.

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In view of aforesaid, all these writ petitions are disposed of and ordered to be governed by the judgments referred to above. The petitioners would obviously be entitled to the benefits directed in the judgments and, accordingly, the impugned order is set aside and ordered to be governed by the decision in the case supra. The State Government has, however, preferred SLP against the recent judgment of the Division Bench thus, it is made clear that this order would be governed finally by the judgment of the Hon'ble Apex Court in pending SLPs against the judgment of the Division Bench in the case supra.

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The compliance of this order would be made by the

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government but it would be governed by the final outcome of the SLP. The State Government is directed to comply the order within a period of three months from the date of receipt of copy of this order. The compliance would remain subject to final outcome of the SLP pending before the Hon'ble Apex Court.

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(MN BHANDARI), J.

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bnsharma

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All corrections made in judgment/ order been incorporated in judgment/ order being emailed.

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(BN Sharma) PS-cum-JW

State of Raj and Anr. v. Smt Usha Acharya

Case brief

What is this about?

What did the court decide?

State of Raj and Anr. v. Smt Usha Acharya

Case brief

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