Dismissed

Reena Joshi and Ors. v. Union of India and Ors.

Rajasthan HC8 Oct 2018CW/3091/2015

Case brief

AI extract

What is this about?

Petitioners challenging termination of Court Managers sought regularization under Supreme Court directions. Court dismissed petition citing earlier Supreme Court order requiring regularization and pending consideration of financial claims by respondents.

What did the court decide?

No relief granted as issue covered by Supreme Court order dated 02.08.2018; respondents directed to consider annual increments.

Reena Joshi and Ors. Vs Union of India and… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ No. 3091/2015

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Reena Joshi D/o. Shri Parash Ram Joshi aged 45 years, R/o. Anand Vila, 7 Street, Shyam Manohar Nagar, Near Shyam Manohar Temple, Chopasani, Jodhpur.

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Aakash Sharma S/o. Shri Mukand Vallabh Sharma, R/o. Harvallabh, 149, FCI, Dilip Nagar, Lal Sagar, Jodhpur.

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Abhishek Mathur S/o. Shri Manmohan Mathur, R/o. AmBA Shanti, A-59, Kamla Nehru Nagar, Ext. 1^st , Jodhpur.

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Sunil Trivedi S/o. Shri Ashok Kumar Trivedi, R/o. 62, Bank Colony, Rai Ka Bagh, Jodhpur.

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Pradeep Kumar Pujari S/o. Shri Shiv Narayan Pujari, R/o. Arpan, Ganesh Nagar, Vallabh Nagar, Udaipur.

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Surendra Sankhla S/o. Shri Ram Prasad Sankhla, R/o. Opp. Ramdwara, Rathori Kuaan, Nagaur.

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Mahesh Vyas S/o. Shri Kanhaiya Lal Vyas, R/o. Nathawat Street, Tapi Bawri, Jodhpur.

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Bhupesh Vyas S/o. Shri Devi Prasad Vyas, R/o. New Brahmpuri, Samdari, Barmer.

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Mamta Chawla D/o. Shri Chiman Lal Chawla, R/o. D 106, Samta Nagar, Bikaner.

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Anand Soni S/o. Shri Ganshyam Soni, R/o. Anand, 32-A, Opp. K.N. Girls’ College, Raikabagh, Jodhpur.

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Prashant Bharadwaj S/o. Shri Brajkant Bhardwaj, R/o. Behind Ram Mandir, Marwar Junction.

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Mukesh Chandak S/o. Shri Rambilas Chandak, R/o. Peepli Bas, Pipad Shehar, Dist – Jodhpur.

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Deepak Sharma S/o. Shri N.K. Sharma, R/o. 15/416, CHB, Jodhpur.

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Suman Deval D/o. Shri Hari Singh Dadhiwaria, R/o. 276-B, Lakshmi Nagar, Jodhpur.

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Kapil Singh Parihar S/o. Shri Mahender Singh Parihar, R/o. 4/1515, New Colony, Magra Punjla, Jodhpur.

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Jagdish Dhaker S/o. Shri Hira Lal Dhaker, R/o. B-331, Sanjay Colony, Bhilwara.

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Milind Bhatnagar S/o. Shri R.C. Bhatnagar, R/o. 38 D, New Colony, Ramganj, Ajmer.

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Tej Prakash Lawania S/o. Shri Babu Lal Lawania, R/o. 25, Sultan Nagar, Gurjar Ki Thadi, Jaipur.

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Girdhari Lal Gupta S/o. Shri M.L. Gupta, R/o. E-174, Mohan Nagar, Hindaun City, Karauli.

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(2 of 5)

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[CW-3091/2015]

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Ashish Sharma S/o. Shri Mahender Kumar Sharma, R/o. Jaipur, C/o District & Sessions Judge, Jaipur.

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Abhishek Singh Chauhan S/o. Shri Bhupendra Singh Chauhan, R/o. 611, Mohan Nagar-B, BJS, Jodhpur.

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Amit Satsangi S/o. Shri L.P. Satsangi, R/o. Kalabagh, Ajmer.

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Ankur Sehgal S/o. Shri Naresh Kumar Sehgal, R/o. S-B-7, JNV Colony, Bikaner.

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Piyush Godha S/o. Shri S.K. Godha, R/o. I-314, Azad Nagar, Bhilwara.

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Arun Singh S/o. Shri Phhiddan Singh R/o. 10/79, Behind Sobhag Club, Civil Lines, Ajmer.

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Sumit Sharma S/o. Shri Narender Pal Sharma, R/o. Near Shiv Temple, Subhashpura, Lalgarh, Bikaner.

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Girish Kumar S/o. Shri Shanker Dev, R/o. Alwar, C/o. District & Session Judge, Alwar.

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Mukesh Mudgal S/o. Shri Mahesh Chand Mudgal, R/o. Near Madan Mohan Ji’s Temple, Karoli.

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Saket Pitliya S/o. Shri Navratan Pitliya, R/o. 11/A, Ashok nagar, Moksh Marg, Udaipur.

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Manish Jain S/o. Shri HD Agarwal, R/o. 209, Rameshwar Complex, Jhunjhunu (Raj.)

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Puneet Kumar Gupta S/o. Shri Jamna Prasad Gupta, R/o. 4/232, Malviya Nagar, Jaipur.

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Aditya Purohit S/o. Shri Ashok Purohit, R/o. 7/Na/22, Jawahar Nagar, Jaipur.

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Abhishek Dixit S/o. Shri Mahender Kumar Dixit, R/o. C- 148, Shastri Colony, Dungarpur.

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Brajesh Sharma S/o. Shri Yogendra Sharma, R/o. H.N-100, Banke Bihari Colony, Roopwas, Bharatpur.

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Suniel Jain S/o. Shri Shanti Lal Jain, R/o. VPO:Devpura, Tehsil – Sarada, District – Udaipur.

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Abhishek Jain S/o. Shri Dilip Kumar Jain, R/o. 1/55, Shivaji Nagar, Housing Board Colony, Dungarpur.

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Dhanveer Singh S/o. Shri Kashimi Ram Moga, R/o. H.No. 1/2, Rajasthan Housing Board Colony, Churu.

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Devendra Singh S/o. Shri S.R. Azad, R/o. 39, Paota ‘C’ Road, Jodhpur.

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----Petitioner

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Versus

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Union of India through the Secretary, Law and Justice

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(3 of 5)

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[CW-3091/2015]

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Department, Government of India, New Delhi.

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State of Rajasthan, through Secretary, Finance Department, Government of Rajasthan, Secretariat, Jaipur (Raj.)

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Rajasthan High Court, Jodhpur through Registrar General.

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----Respondent

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For Petitioner(s) : Mr. Harish Purohit. Mr. Navdeep Dadhich. For Respondent(s) : Mr. P.R. Singh, AAG. Dr. Sachin Acharya Mr. Shridhar Mehta. Mr. R.R. Ankiya for Mr. Vipul Singhvi.

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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08/10/2018

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This writ petition has been filed by the petitioners aggrieved against the order (Annex.-15) passed by the respondent No.3, whereby various District & Sessions Judges were informed/ directed that as the State Government has not provided for any budget after 31.03.2015, no liability towards the post of Court Managers should be created by the District & Sessions Courts. The consequence of which was that services of the Court Managers were to come to an end w.e.f. 01.04.2015.

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This Court by order dated 27.03.2015, directed the respondents not to discharge the petitioners-Court Managers from their services and to continue them on the post of Court Managers till further orders.

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Learned counsel for the petitioners submits that the issue raised in the present writ petition now stands squarely covered by order dated 02.08.2018 of Hon’ble Supreme Court in All India

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(4 of 5) [CW-3091/2015]

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Judges Association & Ors. v. Union of India & Ors.: IA No.279 of 2010 in Writ Petition (Civil) No. 1022 of 1989 and, therefore, the present writ petition be disposed of in light of the said directions.

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On 06.09.2018, learned counsel appearing for the respondent No.3-High Court submitted that in compliance of directions dated 02.08.2018 issued by Hon’ble Supreme Court, OSD (F&I) has been nominated on behalf of the High Court for the committee constituted by the State Government for compliance of direction of Hon’ble Supreme Court and time was granted to learned AAG to make submissions in this regard.

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After seeking time on three occasions, learned AAG today submits that pursuant to the directions issued by the Supreme Court, the meeting of the committee was held and report has been submitted to Hon’ble Supreme Court, however, there is no mention of the issue pertaining to the Court Managers in the report submitted to the Supreme Court, however, it is fairly submitted that insofar as the directions issued by the Supreme Court are concerned, the same are required to be followed by the State Government.

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Hon’ble Supreme Court in its order dated 02.08.2018, qua the Court Managers, inter alia, directed as under:-

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“(ix) Professionally qualified court managers, preferably with an MBA degree, must also be appointed to render assistance in performing the court administration. The said post of Court managers must be created in each judicial district for assisting Principal District and Sessions Judges. Such Court Managers would enable the District Judges to devote more time to their core work, that is, judicial functions. This, in tern, would enhance the efficiency of the District Judicial System. These court managers would also help in identifying the weaknesses in the court management systems and recommending workable steps under the

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(5 of 5)

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[CW-3091/2015]

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supervision of their respective judges for rectifying the same. The services of any person already working as a Court Manager in any district should be regularised by the State Government as we are of the considered view that their assistance is needed for a proper administrative set up in a Court.”

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The above direction of Hon’ble Supreme Court is very clear, wherein it has been directed that the services of any person already working as a Court Manager in any District shall be regularized by the State Government as Hon’ble Supreme Court was of the considered view that their assistance is needed for a proper administrative set up in a Court.

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In view of the above direction, the issues sought to be raised/grievance made by the petitioners in the present writ petition are taken care of and no further directions are required to be issued in the present writ petition.

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Consequently, in light of order dated 02.08.2018 (supra) passed by Hon’ble Supreme Court, the present writ petition stands disposed of.

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The respondents while dealing with the subject of regularization pursuant to the directions issued by Hon’ble Supreme Court, would also consider the issue pertaining to grant of annual increments to the petitioners for the period 2015-2018.

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(ARUN BHANSALI)J.

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PKS-201

Reena Joshi and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Reena Joshi and Ors. v. Union of India and Ors.

Case brief

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