Allowed

Bhawani Shankar v. State Home Departmentors

Rajasthan HC4 Oct 2016CW/11221/2014

Case brief

AI extract

What is this about?

Five writ petitions filed by driver-petitioners challenging denial of selection scale in Mechanical Transport Unit (MT Branch) after absorption. Court allowed petitions relying on previous precedents granting such benefits to similarly placed employees.

What did the court decide?

Writ petitions allowed with direction to grant selection scale treating services under MT Branch if nothing adverse exists.

Bhawani Shankar Vs State Home Departmentors — Pension and Retirement Benefits | Rajasthan HC (2016)

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IN Tk/E HIGH COURT OF JUDICA TURF FOR RA JASTHAN

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JAIP UR BENCH, JAIP UR

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S.B. CIVIL WRIT PETITION N0..11290/2014

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PETITIONER :

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Hanuman Singh son of late shri Laxmi Narayan aged about 45 yeas b/c Bairwa (S.C.), R/o quarter no. J-2, city Police line, Kota at present posted as M.T. Driver police line, Kota.

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VERSUS

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RESPONDENTS :

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State of Rajasthan through Secretary, Department of Home Affairs, Government of Rajasthan, Secretariat, Jaipur.

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Deputy Inspector General Police , Headquarter Rajasthan,

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Jaipur

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Superintendent of Police Kota City, Kota.

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S.B. CIVIL WRIT PETITION N0.6955/2009

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PETI-nONER :

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Manphool Singh s/o Shri Bajrang Lal aged about 38 years b/c Jat residen? of Chhotipura Tehsil Sikar District Sikar (Raj.) at present posted on the post of constable driver Police Station,

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Ramganjmandi District Kota.

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VERSUS

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RESPOIUDENTS :

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State of Rajasthan through 5ecrdy, Department of Home

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Affairs, Government of Rajasthan, Secretariat, Jaipur.

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Deputy Inspector General Police, Headquarter Rajasthan, Jaipur.

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Superintendent of Police, Kota Rural (Raj).

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3. S.B. CIVIL WRIT PETITION N0.11931/2010

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Jalaluddin s/o Shri Ghani Mohammed aged about 55 years resident of C-15, Lajpat Nagar -I, Gramin Police Line road Borkheda, Kota (Raj.) at present posted on the post of constable driver Police Line, Kota (Raj).

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VERSUS

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RESPONDENTS :

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State of Rajasthan through Secretary, Department of Home

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Affairs, Governemnt of Rajasthan, Secretariat, Jaipur.

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Deputy Inspector General Police, Headquarter Rajasthan, Jaipur. .. .

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Superintendent of Police, Kota Rural (Raj).

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S.B. CIVIL WRIT PETITION N0.11221/2014

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PETITIONER :

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Bhawani shankar sonof late shri Ram, Nath b/c Gaur Brahmin aged

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about 53 years R/o 49, Vaibhav Nagar, Canal Link Road, Seed

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Corporation, Police Line, Kota.

VERSUS

RESPONDENTS :

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State of Rajasthan through Secretary, Department of Home

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Affairs, Government of Rajasthan, Secretariat, Jaipur.

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Deputy Inspector General Police, Headquarter Rajasthan, Jaipur

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Superintendent of Police Kota city, Kota.

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5. S.B. CIVIL WRIT PETITION N0.12068/2014

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PETITIONER :

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Nahar Singh son of shri Bhajan Lal aged about 44 years R/o D-141,

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Police Line Rural Kota.

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VERSUS

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RESPONDENTS :

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State of Rajasthan through Secretary, Department of Home

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Affairs, Government of Rajasthan, .Secretariat, Jaipur.

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Deputy Inspector General Police, Headquarter Rajasthan, Jaipur

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Superintendent of Police Kota Rural, Kota.

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6. S.B. CIVIL WRIT PETITIONER N0.8706/2015

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PETITIONER :

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Narendra Singh son of late shri Suresh Singh aged about 65 years

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R/o Plot No. 24, Kotilya Nagar, Deoli Arab Road, Kota.

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VERSUS

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RESPONDENTS :

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1. State of Rajasthan through Secretary, Department of Home

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-. .

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Affairs, Government of Rajasthan, Secretariat, Jaipur.

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2. Deputy Inspector General Police, Headquarter Rajasthan, Jaipur

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Superintendent of Police Kota Rural, Kota.

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_Date of Order: 04' October, 2016_*

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HON'BLE MR. JUSTICE M.N. BHANDARI

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Mr.Naseemuddin Quazi, for the petitioners.

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Dr.AS Khangarot, Addl. Government Counsel, for the State.

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By this Court:

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The petitioners are aggrieved by denial of selection

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scale by treating their services under Mechanical Transport Unit (for short "MT Branch") despite office transfer to the said branch and absorption therein.

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Learned counsel for both the parties have admitted that the issue raised herein has already been decided by this Court in the case of Ramesh Singh Vs. State of Rajasthan & Or. in SB Civil Wrif Petition No.8253/2010 vide order dated 12th August, 2011 and, therein, the judgment of Principal Seat, Jodhpur in the case of Om Prakash VsrState of Rajasthan in SB Civil Writ Petition No.6698/2003 decided on 01" June, 2007 had

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been re.lied.

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It is stated that the petitioners are discharging

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duties of driver after their transfer to MT Branch and, by now, they are serving MT Branch for last more than two decades. The judgment of Single Bench was upheld d'y.the Division Bench in the case of State of Rajasthan & Ors. Vs. Banney Khan in DB Civil Special Appeal No.763/2011 decided on 02nd August, 2011 and also by the Apex Court in Civil Appeal No.1766/2015 titled as State of Rajasthan & Ors. Vs. Banney Khan.

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In view of the above, the..petitioners are entitled to get same benefits, as have been allowed in favour of similarly placed employees, like, Om Prakash, Banney Khan, Ramesh Singh & Ors.

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In the light of the aforesaid, these writ petition are allowed with the direction to the respondents to consider case of the petitioners for grant of selection scale by treating their services under MT Branch, if nothing adverse exists. The petitioners would obviously be entitled for consequential benefits on grant of selection scale.

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A copy of this order be placed each connected file.

Bhawani Shankar v. State Home Departmentors

Case brief

What is this about?

What did the court decide?

Bhawani Shankar v. State Home Departmentors

Case brief

What is this about?

What did the court decide?

What the court decided

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