Allowed

Gautam Kumar Jain Son of Shri Tilok Chand Ji Jain v. the State of Rajasthan

Rajasthan HC22 Aug 2019CW/4300/2019

Case brief

AI extract

What is this about?

The Court allowed the writ petition seeking pay parity for High Court staff (Court Masters, Guest House Managers, Assistant Account Officers) with equivalent cadres in District Courts, applying directions from an identical prior judgment and issuing a compliance deadline.

What did the court decide?

A direction to the State Government to extend parity of pay between petitioners and AOJ/Senior Munsarim to be complied with within four weeks.

Gautam Kumar Jain Son of Shri Tilok Chand… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 4300/2019

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Gautam Kumar Jain Son Of Shri Tilok Chand Ji Jain, Aged About 56 Years, Resident Of Sugangh, E-70, Surya Nagar, Taroun Ki Koot, Tonk Road, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

¶4

Vijay Indian Senu Son Of Shri Mangla Ram Lilawat, Aged About 48 Years, Resident Of 44-K-1, Jyoti Nagar, Jaipur (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

¶5

Rajeev Kumar Tyagi Son Of Shri Rajendra Kumar Tyagi, Aged About 49 Years, Resident Of 20, Krishna Nagar, Gopalpura Byepass, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

¶6

Bhagchand Yadav Son Of Shri Bherulal Yadav, Aged About 54 Years, Resident Of E-4/52-53, Chitrakoot Yojna, Ajmer Road Jaipur (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Chandra Prakash Sharma Son Of Shri Ram Pal Sharma, Aged About 54 Years, Resident Of 44-K-4, Jyoti Nagar, Jaipur (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Sita Ram Surolia Son Of Shri Ramprasad Surolia, Aged About 50 Years, Resident Of 56 Shakti Nagar, Gajsinghpura, Ajmer Road, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

¶9

Bheem Singh Khiria Son Of Shri Shridan Khiria, Aged About 51 Years, Resident Of III-C-19, Gandhi Nagar Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Rajendra Sharma Son Of Shri Chandra Prakash Sharma, Aged About 47 Years, Resident Of 46-K-6, Jyoti Nagar, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Ashim Kumar Arora Son Of Shri Om Narayan, Aged About 50 Years, Resident Of B-22, Bajaj Nagar Apartment, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Manoj Kumar Lakhwani Son Of Shri Karam Chand Lakhwani,

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(2 of 4)

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[CW-4300/2019]

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Aged About 45 Years, Resident Of 47-B, Narayan Nagar, Lal Singh Judo Colony, Tonk Road, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Amit Mathur Son Of Shri Kanhaiya Lal Mathur, Aged About 44 Years, Resident Of 11-A, Tejaji Marg, New Sanganer Road, Sodala Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

¶17

Mahesh Chand Sharma Son Of Shri Ram Kishore Sharma, Aged About 46 Years, Resident Of A-17A, Bal Nagar, Kartarpura, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Tarun Kumar Son Of Shri Krishna Nand, Aged About 41 Years, Resident Of 21-K-10, Jyoti Nagar, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Manoj Kumar Sharma Son Of Shri Man Mohan Sharma, Aged About 47 Years, Resident Of H.no. 895, Baba Harish Chandra Marg, Chandpole Bazar, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Narendra Singh Son Of Shri Shiv Lal Singh Jat, Aged About 47 Years, 175, Suraj Nagar, Maharana Pratap Marg, Panchyawala, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Ramesh Chand Shrimali Son Of Shri Satya Narain Shrimali, Aged About 54 Years, Resident Of 105/94, Kumbha Marg, Sanganer, Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Dharmendra Kumar Son Of Shri Satyapal Gupta, Aged About 40 Years, Resident Of 176/24, Sector-17, Pratap Nagar, Sanganer Jaipur. (Working On The Post Of Court Master At Rajasthan High Court Bench At Jaipur)

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Manish Bhardwaj Son Of Shri Jagdish Prasad Sharma, Aged About 38 Years, Resident Of 3^rd C-18, Multistories Flats Gandhi Nagar, Jaipur. (Working On The Post Of Guest House Manager Grade-1 At Rajasthan High Court Bench At Jaipur)

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Sudeep Mathur Son Of Shri Ishwar Dayal Mathur, Aged About 54 Years, Resident Of 25/47, Kaveri Path Mansarovar, Jaipur. (Working On The Post Of Guest House Manager Grade-1 At Rajasthan High Court Bench At Jaipur)

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Vivek Bhatt Son Of Shri Vinod Kumar Bhatt, Aged About 43 Years, Resident Of B-486, Mahal Yojna Jagatpura Jaipur.

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(3 of 4)

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[CW-4300/2019]

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(Working On The Post Of Assistant Account Officer At Rajasthan High Court Bench At Jaipur)

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Virendra Kumar Yadav Son Of Shri Santosh Kumar Yadav, Aged About 41 Years, Resident Of 117, Arvind Nagar, Near Railway Station Jaipur (Working On The Post Of Assistant Account Officer At Rajasthan High Court Bench At Jaipur).

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Kapil Ranka Son Of Shri Jugal Kishore Ranka, Aged About 42 Years, Resident Of 5-Da-23, Jawahar Nagar, Jaipur. (Working On The Post Of Assistant Account Officer At Rajasthan High Court Bench At Jaipur)

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Law And Legal Affairs, Government Of Rajasthan, Secretariat, Jaipur.

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The Additional Chief Secretary, Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur.

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The High Court Of Judicature For Rajasthan, Through Its Registrar General, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Rajendra Prasad Sr. Counsel assisted by Mr. Karan Tibrewal For Respondent(s) : Mr. R.P. Singh AAG Mr. Tanveer Ahmed

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HON'BLE THE CHIEF JUSTICE

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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22/08/2019

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The claim in this writ petition is that of a direction to ensure parity between those employed in cadre of Guest House Manager, Assistant Account Officer, Court Master in the High Court with the pay and all other allowances applicable to AOJ (Administrative Officer Judicial of the High Court) and Senior Munsarim (working in the equivalent cadre in District and Subordinate Courts).

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(4 of 4)

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[CW-4300/2019]

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It is brought to the notice of the Court that an identical issue with regard to pay equivalence of party was decided by a Division Bench in Shakir Ahmed & Ors. vs. State of Rajasthan & Anr [D.B. Civil Writ No.9122/2018] by judgment dated 10.1.2019. The Court had directed as follows:-

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“Accordingly, we allow the writ petitions. A direction is given to the State Government to accept the recommendation of Committee/ High Court and, accordingly, to allow the pay to the petitioners equivalent to the pay of Senior Munsarim. The petitioners would be entitled to the consequential benefits. The compliance of this order would be made within a period of six months from the date of receipt of copy of this order. Both the writ are allowed.

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Before parting with the judgment, we observe that the State Government should not keep the recommendation of the High Court pending unnecessarily, as has been done herein. The State Government should carry out the recommendation and directions of the High Court without delay. If it would have been done, present litigation could have been avoided.

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The writ petitions had to be filed by the petitioners due to inaction on the part of the State Government despite recommendation of the High Court after amendment in the Rules of 2002.”

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The learned Additional Advocate General appearing for the State does not dispute that the facts are identical, however, he submits that judgment in Shakir Ahmed’s case (supra) is being carried in appeal by SLP in Supreme Court.

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Having regard to the directions in case of Shakir Ahmed’s case (supra), the present writ petition is allowed and similar direction is issued to the State to extend parity of pay between Guest House Manager, Assistant Account Officer, Court Master with AOJ (Administrate Officer Judicial of High Court) and Senior Munsarim (working in District and Sub-ordinate Courts). The direction shall be complied with within four weeks.

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(INDERJEET SINGH),J

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(S. RAVINDRA BHAT),CJ

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Anil Makwana /531

Gautam Kumar Jain Son of Shri Tilok Chand Ji Jain v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gautam Kumar Jain Son of Shri Tilok Chand Ji Jain v. the State of Rajasthan

Case brief

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What did the court decide?

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