Allowed

Dev Karan v. State of Raj and Ors.

Rajasthan HC5 Feb 2018CW/24236/2017

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking relaxation to re-exercise pipeline option and pay fixation benefits under the Revised Pay Scale Rules, 2008, relying on directions given in a prior judgment concerning completion of 18 years of service.

What did the court decide?

Petitioner dir. to submit written application within 1 month; respondents to re-fix pay with selection scale benefit within 2 months.

Dev Karan Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 24236 / 2017

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Dev Karan Constable No 313, Son of Shri Kishan Lal, Aged About 42 Years, Working At 5th Bn. R.A.C., Jaipur.

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----Petitioner

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Versus

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The State of Rajasthan Through Its Principal Secretary, Department of Finance (Rules), Government of Rajasthan, Government Secretariat, Jaipur.

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DGP (Armed Battalion), PHQ, Lal Kothi, Jaipur.

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The Commandant, 5th Bn. RAC, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. M.S. Raghav, Adv. For Respondent(s) : Dr. A.S. Khangarot, A.G.C.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

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05/02/2018

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The petitioner has filed the instant petition seeking direction against the respondents to grant relaxation to the petitioner to reexercise option on completion of 18 years of service as per Revised Pay Scale Rules, 2008. The petitioner has further prayed, in alternate, to fix his pay in the pay scale of Rs. 9,300-34800/with grade pay of Rs. 4,200/- from the date of completion of second selection scale in the old pay scale with all consequential benefits.

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Mr. M.S. Raghav, counsel for the petitioner submits that this controversy has already been decided in SBCWP No.3926/2013 ‘Kuldeep Singh & Ors. Vs. State & Ors. and other connected

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(2 of 3)

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[CW-24236/2017]

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writ petitions by common order dt.26.04.2013. This Court has

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granted one more opportunity to exercise option by submitting a written application to the Competant Authority and thereafter the respondents were required to fix the pay by granting him benefit of selection scale on completion of 18 years of service. The relevant oprtion of the judgment is quoted hereunder:-

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“In the same terms, these writ petitions deserves to be succeed and are accordingly allowed. Petitioners may be granted one more opportunity to exercise option by a written application to be submitted to the competent authority within one month from the date of receipt of copy of this order and thereafter the respondents shall refix the pay of the petitioner by granting them benefit of selection scale on completion of 18 years. The arrears so payable to the petitioners shall be calculated and the excess amount paid to them consequent upon their pay fixation in Revised Pay Scale Rules, 2008 with effect from 1.9.2006 shall be adjusted thereagainst. If any further excess amount remains due to be paid by the petitioners, the same shall be deposited by them within four weeks from the date of communication by the respondents, failing which the respondents shall be entitled to deduct the same from their salaries.

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The writ petitions are allowed with the aforesaid directions.”

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Mr. R.S. Raghav, counsel for the petitioner has submitted that the present writ petition may be decided in the light of directions given by this Court in the case of Kuldeep Singh (supra) and as such liberty may be granted to the petitioner to exercise option by a written application to be submitted to the Competant Authority.

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(3 of 3)

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[CW-24236/2017]

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Dr. A.S. Khangarot, A.G.C. is appearing for the respondents submits that the present writ petition has been filed by the petitioner in the year 2017, while the petitioner has completed 18 years of service in year 2015. Counsel for respondents does not dispute that this Court has given direction in the case of Kuldeep Singh (supra).

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I have heard both the counsel for parties.

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This Court is of the opinion that the case of the petitioner is also required to be governed as per directions given by this Court in the case of Kuldeep Singh (supra) and petitioner is required to be permitted to make a written application to the Competant Authority within a period of one month and thereafter respondents are directed to re-fix the pay of the petitioner by granting him the benefit of selection scale of 18 years of service.

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The present writ petition is allowed in the same terms as of Kuldeep Singh case (supra) and the same directions are required to be followed by other respondents. The necessary exercise shall be undertaken by them within period of two months from the date of receipt of copy of this order.

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(ASHOK KUMAR GAUR) J.

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A.Kumar/133

Dev Karan v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Dev Karan v. State of Raj and Ors.

Case brief

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What did the court decide?

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