Disposed

Smt Madhulika Sharma v. State of Raj and Ors.

Rajasthan HC11 Jul 2016CW/2014/2007

Case brief

AI extract

What is this about?

The single judge, considering a coordinate bench order directing committee examination for Store Munshi status, directed the respondents to refer the petitioner's case to the said committee for examination and decision within two months.

What did the court decide?

Respondents directed to refer petitioner's case to the constituted committee for examination and decision on Store Munshi status within two months.

Smt Madhulika Sharma Vs State of Raj and… — Pension and Retirement Benefits | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.

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ORDER

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Smt. Madhulika Sharma Vs. State of Rajasthan & ors.

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SB CIVIL WRIT PETITION NO.2014/2007.

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Date of order 11.07.2016.

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HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

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Mr. Abhishek Sharma for the petitioner. Dr. A.S. Khangarot Addl. G.C. for the respondent.

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The petitioner has impugned the order dated 04.08.2006 (Annexure-9) whereby her representation for considering her for the post of Store Munshi has been rejected.

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The petitioner is stated to have been appointed as Coolie/Beldar on daily wages on 01.11.1983. The petitioner was retrenched from service w.e.f. 16.07.1985 which was challenged by the petitioner and the Labour Court vide award dated 28.05.1994 directed reinstatement of the petitioner along with consequential benefits. S.B. Civil Writ Petition No.630/1996, preferred by the respondent department was dismissed on 14.12.1998. Consequently, the petitioner was reinstated in service on 03.06.1998. The petitioner was accorded semi permanent status vide order dated 27.03.2003 w.e.f. 01.11.1985 and permanent status vide order dated 22.04.2003 w.e.f. 01.11.1993.

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Learned counsel for the petitioner has contended that the petitioner has to be accorded the status of Store Munshi on account of her seniority as Beldar. He has further contended that several

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persons junior to the petitioner have already been granted the status of Store Munshi.

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Per contra, learned counsel for the respondents has stated that the Division Bench of this Court in the case of State of Rajasthan & others Vs. Rajasthan Rajya Shikshit Karyaprabhari Karmachari Sangathan- D.B. Civil Special Appeal (Writ) No.1532/2014, decided on 10.02.2016 has directed the State to constitute a committee for examining the case of the employees based on their service record for being encadred as Store Munshi.

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I have heard learned counsel for the parties and perused the writ petition.

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A similar controversy pertaining to grant of status of Store Munshi has arisen before a Coordinate Bench of this Court in S.B. Civil Writ Petition No.3708/2011 wherein the respondent Department was directed to grant the status of Store Munshi to the petitioners therein. However, the State of Rajasthan challenged this order by preferring D.B. Civil Special Appeal (Writ) No.1532/2014 whereby the Division Bench of this Court vide order dated 10.02.2016 allowed the appeal and directed that the case of employees based on their service record shall be examined by the Committee constituted under the orders of the Division Bench of this Court in the case of State of Rajasthan & others Vs. Anil Acharya (D.B. Civil Special Appeal (Writ) No.546/2014).

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Therefore, I deem it appropriate to dispose of this petition in the light of the directions issued by the Division Bench of this Court

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in the case of State of Rajasthan & others Vs. Rajasthan Rajya Shikshit Karyaprabhari Karmachari Sangathan (supra). The respondents shall refer the case of the petitioner to the afore noted committee which shall examine and take a decision thereon, in accordance with law, within a period of two months from now.

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(ANUPINDER SINGH GREWAL),J.

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bblm

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All corrections made in the judgment/ order have been incorporated in the judgment/ order being e-mailed.

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BBL Mathur Private Secretary.

Smt Madhulika Sharma v. State of Raj and Ors.

Case brief

What is this about?

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Smt Madhulika Sharma v. State of Raj and Ors.

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