Disposed

Smt Savitri v. State of Raj and Ors.

Rajasthan HC22 Mar 2018CW/6268/2018

Case brief

AI extract

What is this about?

A single judge disposed of the petitioner's writ application regarding benefits of previous service on urgent temporary contract basis. The court relied on directions issued by a coordinate bench in the case of Firoj Arif, deferring the substantive issue to pending proceedings in other Division Bench cases.

What did the court decide?

Writ application disposed off in terms of the order in the case of Firoj Arif v. State of Rajasthan.

Smt Savitri 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 Writs No. 6268/2018

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Smt. Savitri W/o Shri Satyaveer Singh D/o Shri Sheer Singh, Aged About 40 Years, R/o Village-Ghardana-Khurd, TeshilBhuhana, Disrict-Jhunjhunu, Rajasthan

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----Petitioner

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Versus

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State Of Rajasthan Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan)

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Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan)

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The Director, Medical, Health And Family- Welfare Department, Tilak Marg, C-Scheme, Jaipur (Rajasthan)

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----Respondents

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For Petitioner(s) : MR. Dharendra Jain For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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22/03/2018

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Learned counsel for the petitioner, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Division Bench of this Court in the case of Gopal Kumawat v. The State of Rajasthan & Ors.: D.B. Civil Writ Petition Number 2963/2007, decided on 29^th July, 2015.

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It is further contended that so far as issue of benefit of previous service rendered by the petitioner on urgent temporary contract basis is concerned; the said issue is pending consideration before the Division Bench of this Court, at Principal

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(2 of 3)

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[CW-6268/2018]

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Seat, Jodhpur, in D.B. Civil Special Appeal (Writ) Number 532/2016: The State of Rajasthan & Ors. v. Dr. Paritosh Ujjwal.

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Further, a Coordinate Bench of this Court in a batch of writ

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applications lead case being S.B. Civil Writ Petition Number 18268/2016: Firoj Arif v. State of Rajasthan & Ors., decided on 21^st March, 2017, observed thus:

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“Consequently, the present bunch of fifty-four writ petitions are disposed of, by issuing following directions:-

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a) That the petitioners during the period of probation are entitled to grant of regular pay scale instead of fixed remuneration as held by Division Bench of this court in the case of Gopal Kumawat vs. The State of Rajasthan & Ors., D.B. Civil Writ Petition No. 2963/2007, decided on 29.7.2015, subject to decision of Supreme Court in the pending appeals, wherein validity of judgment rendered in Gopal Kumawat’s case (supra) is to be determined.

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b) That in case the judgment rendered in the case of Gopal Kumawat’s case (supra) is set aside by the Supreme Court, the petitioners shall be dealt by the respondents State in the light of the judgment to be delivered by the Supreme Court, otherwise, the State of Rajasthan shall abide by the mandate of law laid in Gopal Kumawat’s case (supra) by the Division Bench of this Court.

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c) That so far grant of benefit of previous service rendered by the petitioners on urgent temporary contract basis is concerned, the parties to the lis shall abide by the outcome of D.B. Civil Special Appeal (W) No. 532/2016, The State of Rajasthan & Ors. vs. Dr. Paritosh Ujjwal, pending before Division Bench at Principal Seat at Jodhpur.”

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(3 of 3) [CW-6268/2018]

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Learned counsel further prayed that the instant writ application be also disposed of in terms of the order in the case of Firoj Arif (supra).

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In view of the statement made; instant writ application stands disposed off in terms of the order dated 21^st March, 2017, in the case of Firoj Arif (supra), as extracted herein above.

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(VEERENDR SINGH SIRADHANA)J.

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SS/212

Smt Savitri v. State of Raj and Ors.

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Smt Savitri v. State of Raj and Ors.

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