Dismissed

State of Rajasthan v. Nemi Chand

Rajasthan HC14 Nov 2018SAW/1716/2018

Case brief

AI extract

What is this about?

In a second appeal, the High Court affirmed the Single Judge's decision that when a promotional post is in the same pay scale as the feeder post, the All India Civil Pension (ACP) benefit must be granted in the next higher pay scale. Consequently, the appellant's application for recovery of money was dismissed.

What did the court decide?

The appeal was dismissed and the Single Judge's judgment was affirmed.

State of Rajasthan Vs Nemi Chand — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 1716/2018

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State Of Rajasthan, through the Secretary, Department Of Home Affairs, Rajasthan, Jaipur.

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The Director General, Prisons, Rajasthan, Jaipur.

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Superintendent, Central Jail, Udaipur.

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----Appellants

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Versus

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Nemi Chand son of Narayan Das, by caste Khatik resident of Street No. 5, Kalal Colony, Inside Nagori Gate, Jodhpur.

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----Respondent

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For Appellant(s) : Mr.Risabh Tayal

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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14/11/2018

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Application No.1/2018 under Section 5 of the Limitation Act.

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For the reasons stated in the application, delay in filing the appeal is condoned.

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The application is allowed accordingly.

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D.B. Spl. Appl. Writ No. 1716/2018

¶18

A short issue arose for consideration before the learned Single Judge. Writ petitioner-Nemi Chand was appointed as a Carpenter and placed in the scale 420-740 revised to 950-1680.₹ ₹ He became entitled to be considered for grant of first selection grade in the year 1993. The promotional post of a Vocational

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(2 of 3)

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[SAW-1716/2018]

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Teacher was then in the pay scale 950-1680 i.e. the pay scale of₹ a Carpenter. Thus the Department was faced with the situation of the promotional post being in the same pay scale and how to grant ACP benefit. The Department took a conscious decision. On 20.7.1993, the writ petitioner was granted selection grade benefit by placing him in the pay scale 975-1720. Thereafter when the₹ second and the third selection scale benefits were accorded on completing 18 and 27 years service the writ petitioner was placed in the next higher pay scales.

¶22

In the year 2013, the Department took the view that the writ petitioner was wrongly placed in the pay scale 975-1720 in the₹ year 1993. The effect thereof was the placement in the pay scales when the second and third ACP benefits were granted. Recovery in sum of 2,76,533/- was ordered.₹

¶23

The learned Single Judge has noted the aforesaid facts and a decision of this Court holding that where a promotional post is in the same pay scale as is the feeder post, ACP benefit requires the incumbent to be granted the next higher pay scale and not the pay scale of the promotional post. Thus, the learned Single Judge has held that the writ petitioner was rightly placed in the pay scale ₹975-1720 on 20.7.1993 and accordingly, the fixation in the pay scales when the second and third ACP benefits were granted is correct.

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At base the issue was the benefit to be granted of the first selection grade scale on rendering 9 years service. The second and third selection grade benefits were impacted by the said benefit granted at the first instance.

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We concur with the view taken by the learned Single Judge that because in the year 1993 the post of Carpenter and the

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(3 of 3)

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[SAW-1716/2018]

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promotional post of Vocational Teacher were in the same pay scale the benefit of ACP had to be granted not with reference to the pay scale of the promotional post but the next higher pay scale.

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The appeal is dismissed.

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(DR.PUSHPENDRA SINGH BHATI),J

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(PRADEEP NANDRAJOG),CJ

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Parmar

State of Rajasthan v. Nemi Chand

Case brief

What is this about?

What did the court decide?

State of Rajasthan v. Nemi Chand

Case brief

What is this about?

What did the court decide?

What the court decided

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