Disposed

Bhulla Devi v. State of Rajasthan

Rajasthan HC3 Oct 2018CW/10564/2018

Case brief

AI extract

What is this about?

In a petition challenging denial of first selection scale and consequential benefits for rural development workers, the High Court of Rajasthan relied on Jagdish Bhanoda to direct authorities to decide the petitioner's grievance within eight weeks of receiving a detailed representation.

What did the court decide?

Petitioner directed to submit a detailed representation; authority to decide within eight weeks.

Bhulla Devi Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 10564/2018

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Bhulla Devi W/o Late Sh. Mehar Singh, Aged About 71 Years, Gram Beenjawas Via Sadulpur, District Churu, Rajasthan. (Who Worked As Peo At Panchayat Samiti, Sujangarh District Churu, Date Of Death 07.07.2001.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary Cum Commissionaire, Rural Development Of Panchayati Raj Department, Government Of Rajasthan, Jaipur.

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The Chief Executive Officer, Zila Parishad, Churu, Rajasthan.

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The Vikas Adhikari, Panchayat Samiti, Sujangarh, District Churu.

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----Respondents

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For Petitioner(s)	: Mukesh Vyas
For Respondent(s)	: Mr. Kuldeep Singh Solanki for Mr. Manish Patel

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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03/10/2018

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Mr. Manish Patel, learned counsel puts in appearance on behalf of the respondents, service is, therefore, complete.

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Heard.

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Learned counsel for the petitioner states that the controversy

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involved in the instant writ petition is squarely covered by the order dated 3.4.2015 passed by a Co-ordinate Bench of this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.3141/2015 (Jagdish Chandra Khatik & Ors. Vs. State of Rajasthan & Ors.) which were decided in light of the judgment

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(2 of 3)

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[CW-10564/2018]

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dated 29.7.2009 rendered in the case of Jagdish Bhanoda. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.773/2009).

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Learned counsel for the respondents does not dispute this position.

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The prayer made in the instant writ petition is for grant of first selection scale to the petitioner upon completion of 9 years of service in the pay scale of Rs.5000-150-8000 with consequential benefits including fixation of pay and arrears.

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Upon having examined the facts of the case at hand in context to the factual matrix examined by this Court in Jagdish Bhanoda’s case which judgment was later on affirmed uptil the Hon'ble Supreme Court, this Court is satisfied that the controversy involved in the instant writ petition is squarely covered by the said judgment.

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Accordingly, the instant writ petition is disposed of requiring the petitioner to submit a detailed representation to the appropriate authority for ventilating her grievances along with a copy of this order. Upon such representation being received, the appropriate authority shall objectively consider and decide the same in light of ratio of the judgment rendered by this Court in Jagdish Bhanoda. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.773/2009) by a reasoned speaking order within a period of eight weeks from the date of receipt of such representation.

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(3 of 3) [CW-10564/2018]

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In case, the petitioner is found entitled to any monetary/terminal benefits, the same shall be granted to the petitioner immediately.

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If after disposal of the representation, any of the petitioner's grievances still survives, she shall be at liberty to take recourse to appropriate legal remedy.

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No order as to costs.

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(ARUN BHANSALI)J.

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A.K. Chouhan/-115

Bhulla Devi v. State of Rajasthan

Case brief

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Bhulla Devi v. State of Rajasthan

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