Allowed

Kumher Singh Dhakad S/O Shri Mani Ram Dhakad v. State of Rajasthan

Rajasthan HC7 Sept 2021CW/3413/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the writ petition seeking grant of selection grades for MPW employees. Relying on Dadam Das, the Court rejected the respondents' contention to restrict relief due to delay, holding it as a continuing injury.

What did the court decide?

Allow the writ petition and direct respondents to allow selection grades on completion of 9, 18 & 27 years of service.

Kumher Singh Dhakad S/O Shri Mani Ram… — 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. 3413/2021

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Kumher Singh Dhakad S/o Shri Mani Ram Dhakad, Aged About 76.6 Years, R/o Behind Bhupendra Palace, Hardev Colony, Jhareda Road, Hindaun City, District Karauli, Retired On 31.7.2002 From The Post Of Mpw From Sub Center Dhindhora, Tehsil Hindaun City, District Karauli.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Medical And Health Services, Rajasthan, Jaipur.

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Director, Medical And Health Department, Government Of Rajasthan, Jaipur.

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Director, Pension Department, Jyoti Nagar, Japur.

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Chief Medical And Health Officer, Karauli.

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Block Chief Medical And Health Officer, Hindaun City, District Karauli.

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----Respondents

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For Petitioner(s) : Mr. Vijay Pathak. For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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07/09/2021

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It is submitted by learned counsel for the petitioner that the present writ petition is squarely covered by the Judgment in Dadam Das Vaishnav v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.8309/2012 decided on 20.5.2013 at principal seat, Jodhpur.

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Learned counsel for the respondent-State submits that though the issue raised in the present writ petition is squarely covered by the judgment of this Court in the case of Dadam Das (supra), however, it is submitted that as the petitioner/s have raised the issue belatedly, the material relief to them be restricted.

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(2 of 2) [CW-3413/2021]

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Reliance has been placed in the judgment of Hon'ble Supreme Court Union of India & Ors. v. Tarsem Singh : (2008) 8 SCC 648.

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In so far as the relief being claimed by the petitioner/s is concerned, there is no dispute that the same is governed by the law laid down by this Court in the case of Dadam Das ( supra).

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In so far as the plea raised by the respondents is concerned, a Co-ordinate Bench of this Court in Ramchandra Sharma v. The State of Rajasthan & Ors. : SBCWP No.11254/2016 decided on 7.10.2016 dealing with another writ petition of identical nature after noticing the submissions of learned counsel for the respondents held as under:-

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“A perusal of the judgment rendered by the Apex Court in the case of Union of India (supra) shows that the same does not apply to the facts of the present case. In the present case, no third party rights have been affected. It pertains to a financial loss which is a continuing injury to the petitioners.”

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In view thereof, the submissions made by learned counsel appearing for the respondents regarding restricting the relief to the petitioner/s cannot be countenanced.

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Consequently, the writ petition filed by the petitioner/s is allowed. The respondents are directed to allow the selection grades to the petitioner/s on completion of 9, 18 & 27 years of service in terms of the directions mentioned in the case of Dadam Das (supra).

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(ARUN BHANSALI),J

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14-PRADEEP KUMAR LIMBA /686

Kumher Singh Dhakad S/O Shri Mani Ram Dhakad v. State of Rajasthan

Case brief

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Kumher Singh Dhakad S/O Shri Mani Ram Dhakad v. State of Rajasthan

Case brief

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