Allowed

Gaffar Ali v. State of Rajasthan and Ors.

Rajasthan HC26 Oct 2021CW/6595/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the writ petition regarding pay fixation and relaxation of service of the petitioner, a teacher, relying on the order passed in Dhanraj Meena Vs. State of Rajasthan & Ors., directing respondents to follow Rules 24 and 26 of the RSP.

What did the court decide?

Directing respondents to follow Rules 24 and 26 of the RSP Rules and provide petitioner relief with his Last Pay Certificate (LPC) from earlier service.

Gaffar Ali Vs State of Rajasthan and Ors. — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6595/2018

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Gaffar Ali S/o Mohd. Ibrahim, By Caste- Manihar Obc, Resident Of Rao Dheer Singh Colony, Manoharpura, Jaipur At Present Posted As Teacher, Gr. Iii Level-2, At Govt. Upper Primary School, Makhan Ka Par, Tamlor Gadra Road, District- Barmer Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan Through Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur.

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The Chief Executive Officer, Zila Parishad, Barmer.

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District Education Officer Elementary, Barmer.

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Block Elementary Education Officer, Panchayat Samiti, Shiv, District- Barmer.

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The Chief Executive Officer, Zila Parishad, Jaipur.

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District Education Officer Elementary, Jaipur.

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Block Elementary Education Officer, Panchayat Samiti, Virat Nagar, District- Jaipur.

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----Respondents

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For Petitioner(s)	:	Mr. B.R. Chahar
For Respondent(s)	:	Mr. Pankaj Sharma, AAG

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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26/10/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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It is submitted by learned counsel for the parties that the issue raised in the present writ petition is squarely covered by the order of this Court in Dhanraj Meena Vs. State of Rajasthan & Ors.

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(2 of 2)

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[CW-6595/2018]

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(S.B. Civil Writ Petition No.12846/2017), decided on 15.01.2018 and, therefore, the present writ petition may also be decided in light of the said order.

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In view of the submissions made, the writ petition filed by the petitioner is allowed in light of order passed by this Court in Dhanraj Meena (supra) with similar directions, which reads as under:

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“In view thereof, the writ petitions filed by the petitioners are allowed, as the petitioners have already been relieved pursuant to the interim orders passed by this Court, the said interim orders passed by this Court directing to relieve the petitioners are made absolute.

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It is further directed that the respondents while dealing with the cases of the petitioners pertaining to their pay fixation etc. would follow the provisions of Rules 24 and 26 of the RSR as per law.

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In cases where the petitioners have been relieved provisionally under the directions of this Court, the Authorities would pass appropriate orders pertaining to relieving of the petitioners alongwith their last pay certificate (L.P.C.), where they were serving earlier.”

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Stay petition stands disposed of accordingly.

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(DR. PUSHPENDRA SINGH BHATI),J

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264-Zeeshan

Gaffar Ali v. State of Rajasthan and Ors.

Case brief

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Gaffar Ali v. State of Rajasthan and Ors.

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