Allowed

Mohan Lal Sharma S/O Purshottam Das Sharma v. State of Rajasthan through Its Principal Secretary

Rajasthan HC1 Sept 2021CW/21641/2018

Case brief

AI extract

What is this about?

The Court allowed the writ petition, holding the petitioner entitled to second and third selection grades with consequential benefits from the date of semi-permanent status, subject to a 3-year limitation on paying arrears of pay fixation from the date of the order.

What did the court decide?

Petitioner granted second and third selection grade with consequential benefits; arrears of pay fixation admissible only from three years preceding filing of the writ.

Mohan Lal Sharma S/O Purshottam Das Sharma… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 21641/2018

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Mohan Lal Sharma S/o Purshottam Das Sharma, Aged About 66 Years, R/o Plot No. 1803, Near Laxmi Narayan Temple, Govind Rao Ji Ka Rasta, Chandpole Bazar, Purani Basti, Jaipur (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan Through Its Principal Secretary, Public Health Engineering Department, Secretariat, Jaipur, Rajasthan.

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Chief Engineer (Administration), Public Health Engineering Department, Phed Head Office Campus, Jaipur, Rajasthan.

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Superintending Engineer, City Circle (North), Public Health Engineering Department, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. C. P. Sharma. For Respondent(s) : Mr. Imran Khan.

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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01/09/2021

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This writ petition has been filed by the petitioner seeking a direction to the respondents to allow and refix the petitioner in the second and third selection grade on completion of 18 and 27 years of service w.e.f. 05.06.1996 and 05.06.2005, respectively, after counting his service w.e.f. the date he was declared semi permanent i.e. 05.06.1978 alongwith all consequential benefits.

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Learned counsel for the petitioner made submissions that the issue raised in the writ petition is squarely covered by judgment of this Court in State of Rajasthan & Anr. v. Sita Ram & Anr. : S.B.

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(2 of 3)

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[CW-21641/2018]

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Civil Writ Petition No. 20892/2013 decided on 03.03.2016, wherein, the similar relief granted by Rajasthan Civil Services Appellate Tribunal, was upheld by this Court.

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Further submissions have been made with reference to order dated 04.03.1998 (Annex.-5) in this regard.

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Learned counsel for the respondents is not in a position to dispute the fact that the issue raised in the petition is covered by the judgment in the case of Sita Ram (supra), however, submissions have been made that the petition is belated, inasmuch as, the petitioner has retired in the year 2012 and the present petition has been filed in the year 2018 and, therefore, the consequential relief cannot be granted beyond the period of 3 years from the date of filing of the petition.

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I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

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It is not in dispute that the issue raised in the petition is squarely covered by the judgment in the case of Sita Ram (supra) and the order Annex.-5 also supports the case of the petitioner. In view of above, the petitioner is entitled to the grant of relief i.e. second and third selection grade from the date he was declared as semi permanent.

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So far as the plea raised by learned counsel for the respondents pertaining to the delay in filing of writ petition is concerned, so far as the cause of action is concerned, the cause of action in the case of present nature, which has implication on the salary / pension of the employee, the same would be a continuous cause of action, however, the relief can always be modified so as to balance the equities.

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(3 of 3)

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[CW-21641/2018]

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In these circumstances, while allowing the petition and holding the petitioner as entitled to second and third selection grade after completion of 18 and 27 years of service from the date of getting the semi permanent status with consequential benefits, it is ordered that arrears on account of pay fixation would be admissible to the petitioner only w.e.f. 3 years preceding institution of the writ petition before this Court on 12.09.2018. Respondents would ensure compliance of the present order within 3 months from the date the certified copy of the order is presented to them.

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(ARUN BHANSALI),J

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82-SACHIN KHUSHWAHA /685

Mohan Lal Sharma S/O Purshottam Das Sharma v. State of Rajasthan through Its Principal Secretary

Case brief

What is this about?

What did the court decide?

Mohan Lal Sharma S/O Purshottam Das Sharma v. State of Rajasthan through Its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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