Dismissed

State of Rajasthan v. Shrawanlal S/O Shri Narain Lal

Rajasthan HC16 Mar 2021SAW/208/2019

Case brief

AI extract

What is this about?

Two-judge Bench dismissed a special appeal challenging an order rejecting regularisation and directing payment of minimum salary. The court held no case for interference as the respondent was reinstated and performing duties post-Supreme Court verdict but denied regularisation.

What did the court decide?

Special Appeal dismissed; no changes made to the impugned order regarding rejection of regularisation and direction for minimum salary.

State of Rajasthan Vs Shrawanlal S/O Shri… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 208/2019

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State of Rajasthan, through The Principal Secretary, Women And Child Development Department, Govt. Of Rajasthan, Govt. Secretariat Jaipur.

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The Director, Integrated Child Development Services, Janpath, Gandhi Nagar, Jaipur

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The Child Development Project Officer, Child Development Project, Phagi, District Jaipur.

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----Appellants

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Versus

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Shrawanlal S/o Shri Narain Lal, Aged About 56 Years, R/o Jodinda, Post Pachala, Tehsil Phagi, District Jaipur, Rajasthan

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----Respondent

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For Appellant(s) : Mr. Prateek Singh for Ms. Sheetal Mirdha, AAG For Respondent(s) : Mr. Vimal Kumar Jain

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HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Judgment

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16/03/2021

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DB Civil Misc. Application No.136/2019

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For the reasons mentioned in the application under Section 5 of the Limitation Act, the same is allowed. The delay of 353 days in filing the special appeal is condoned and the matter is taken up for hearing.

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DB Civil Special Appeal No.208/2019

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This Special Appeal (Writ) has been filed against the order dated 17-11-2017 in S.B. Civil Writ Petition No.401/2017, Shrawanlal Vs. State of Rajasthan & Others, vide which the prayer

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(2 of 3)

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[SAW-208/2019]

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of regularisation of the petitioner-respondent has been rejected and the appellants herein have been directed to pay the petitioner the minimum salary from the date of reinstatement and Rs.17,700/- as minimum salary w.e.f. 1-10-2017 under the revised pay scale.

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Heard learned counsel for both the sides and perused the material available on record.

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Learned counsel for the appellants submits that the petitioner-respondent was appointed as daily wager on 3-10-1991 and discontinued on 18-7-1992. Thereafter, he was reinstated in the year 2003 in pursuance of the award passed by the Labour Court. But the learned Labour Court issued no direction for reinstatement with continuity in service. The respondentpetitioner did not challenge the award of the Labour Court. The petitioner-respondent is being paid minimum wages as per Minimum Wages Act and Circular of the Labour department dated 3-7-2017. He is not entitled for minimum pay in regular pay scale. The impugned judgment deserves to be quashed and the appeal deserves to be allowed.

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Learned counsel for the respondent- petitioner has supported the impugned judgment.

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Having heard learned counsel for both the sides, we find that pursuant to the award dated 15-7-2003 passed by the learned Labour Court the petitioner-respondent has been reinstated by the appellants and he is performing his duties continuously. Following the verdict of the Hon’ble Supreme Court in Secretary, State of Karnataka Vs. Uma Devi [(2006) 4 SCC 1] , the learned Single

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(3 of 3) [SAW-208/2019]

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Judge has rejected the prayer of the respondent-petitioner for regularisation but he has been found entitled for minimum salary from the date of reinstatement and minimum salary of Rs.17,700/- per month w.e.f. 1-10-2017 under the revised pay scale. Thus, no case is made out to interfere in the impugned order.

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Accordingly, the Special Appeal is dismissed.

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(SATISH KUMAR SHARMA),J

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(INDRAJIT MAHANTY),CJ

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Arun/57

State of Rajasthan v. Shrawanlal S/O Shri Narain Lal

Case brief

What is this about?

What did the court decide?

State of Rajasthan v. Shrawanlal S/O Shri Narain Lal

Case brief

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