Dismissed

Govind Narayan Bairwa S/O Late Shri Rampal Bairwa v. State of Rajasthan

Rajasthan HC25 Jan 2019CW/1806/2019

Case brief

AI extract

What is this about?

Petitioner sought writ permission to re-opt for Revised Pay Scale Rules 1998 with earlier effect after two decades. Court dismissed the petition, holding that rules are fixed upon implementation and subsequent revisions preclude re-option, and that the Court cannot relax rules under writ jurisdiction.

What did the court decide?

Writ petition dismissed as the petition is misconceived and the State Government's rejection of the application is justified and legal.

Govind Narayan Bairwa S/O Late Shri Rampal… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 1806/2019

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Govind Narayan Bairwa S/o Late Shri Rampal Bairwa, Aged About 52 Years, Resident Of C/o Sitaram / Moolchand, Paldi Meena, Agra Road, Jaipur. Permanent Address- Village Meetawas Post Jatwara, Tehsil Bassi, District Jaipur

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----Petitioner

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Versus

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State Of Rajasthan, Represented Through Principal Secretary, Department Of Treasury And Finance, Government Of Rajasthan, Government Secretariat, Jaipur.

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The Director, Office Of Directorate, Treasury And Finance, Government Of Rajasthan, Jaipur

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The Commissioner, Commercial Tax Department, Near Ambedkar Circle, Jaipur (Rajasthan)

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----Respondents

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For Petitioner(s) : Mr. Gopendra Singh Shekhawat For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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25/01/2019

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Petitioner by way of this writ petition has prayed that he may be allowed to exercise option for implementation of the Rajasthan Revised Pay Scale Rules, 1998 with effect from 24.06.1997 instead of 01.09.1996 which he has originally opted for.

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Brief facts are that the petitioner was working as a Junior Accountant with the respondent. Under the Revised Pay Scale Rules, 1998, option was sought from the existing employees and at that relevant point of time the petitioner had opted for

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(2 of 3)

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[CW-1806/2019]

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implementation of the Pay Scale Rules, 1998 with effect from 01.09.1996. After having been fixed in the Pay Scale Rules, 1998 the petitioner now vide his letter dated 19.02.2018 has sought permission from his Head of the Department for allowing him to shift his option from 01.09.1996 to 24.06.1997. The said prayer made by the petitioner has been rejected by the Finance Department vide their order dated 24.04.2018 and conveyed to the petitioner vide impugned letter dated 22.06.2018.

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Learned counsel submits that the State Government has allowed for permitting option/re-option under the Revised Pay Scale Rules, 2017 to the existing government servants. Memorandum has been issued in this regard on 27.04.2018. Learned counsel submits that accordingly another person namely R.D. Sahu has been allowed to get his option dated 01.01.2016 to 01.04.2016. Thus, he submits that he should also be allowed to get his fixation under the Pay Scale Rule 1998 from 01.01.1996 to 24.06.1996. Learned counsel also submits that there was a power available under the Rajasthan Civil Service Revised Pay Scale Rules 1998 allowing the Governor to relax the rule.

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I have heard learned counsel and find that the petition is wholly misconceived. The Rajasthan Civil Services Revised Pay Scale Rule 1998 have come into force and option was sought for from the Government Servants and the same was made applicable from the day from which they wanted the rules to be applied. Petitioner had opted for implementation under the Rules with effect from 01.09.1996 itself i.e. the date from which the rules, 1998 came into force. His pay was accordingly fixed and he has been receiving the salary under the Pay Scale Rules till a revised pay scale came into force. After the Revised Pay Scale Rules came

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(3 of 3)

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[CW-1806/2019]

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into force an option is required to be made under the said revised pay scale rules. It is noticed that after 1998 two revised pay scale rules have already came into force and as on today the pay scale rules of 2017 are in force. Thus, after coming into force of the pay scale rules 2017 with effect from 01.10.2017 option can only be made under the present pay scale rules and not under the pay scale rules which stand already revised. Petitioner who is himself an accountant with open eyes had submitted his option form long back. After a period of twenty years he cannot be allowed to make a fresh option. Thus the case of the petitioner cannot be equated to R.D. Sahu who has sought option in the pay scale of 2017 which is in vogue. The action of the State Government therefore in rejecting his application is justified and legal.

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As far as power of relaxation of rules provided under the rules 1998 is concerned, the Governor has the discretion thereto and this court cannot under writ jurisdiction relax the rules.

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The writ petition is accordingly dismissed.

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(SANJEEV PRAKASH SHARMA),J

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JKP/Aks/-111

Govind Narayan Bairwa S/O Late Shri Rampal Bairwa v. State of Rajasthan

Case brief

What is this about?

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Govind Narayan Bairwa S/O Late Shri Rampal Bairwa v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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