Disposed

Islam Mohammad S/O Shri Lal Mohammad v. State of Rajasthan

Rajasthan HC18 May 2022CCP/143/2020

Case brief

AI extract

What is this about?

In a contempt petition alleging non-compliance of a 2019 order granting equivalence of service benefits, the court found that the respondents had deposited the arrears. Upon a consent letter from the petitioner stating he had no grievance after the deposit, the court found no ground for further interference.

What did the court decide?

No relief; petition was disposed of and Rule discharged.

Islam Mohammad S/O Shri Lal Mohammad Vs… — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Contempt Petition No. 143/2020

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Islam Mohammad S/o Shri Lal Mohammad, R/o Naraina, Panchayat Samiti, Dudu, Distt. Jaipur, Presently Posted as Class-IV Employee att Gram Panchayat, Naraina, Panchayat Samiti, Dudu, Distt. Jaipur, Rajasthan

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----Petitioner

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Versus

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State of Rajasthan through Secretary, Rural Development & Panchayat Raj Department, Secretariat, Jaipur.

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Shri Vishvanath Pareek, Secretary, Rural Development & Panchayat Raj Department Secretariat, Jaipur, Rajasthan.

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Shri Narayan Singh, Development Officer, Panchayat Samiti Dudu, Distt. Jaipur, Rajasthan.

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Shri Bhanwar Lal Daitwal, Sarpanch, Gram Panchayat, Naraina, Panchayat Samiti Dudu, Distt. Jaipur.

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----Respondents-contemnors

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For Petitioner(s) : Mr. Anzum Parveen, Advocate for Mr. Lokesh Sharma, Advocate For Respondent(s) : Dr. Ganesh Parihar, A.A.G. with Mr. Sameer Sharma, Advocate

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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18/05/2022 :

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Petitioner has filed this petition alleging therein that the order dated 05.08.2019 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.5298/2012 titled as Islam Mohammed Vs. State of Rajasthan & Others, has not been complied with.

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Heard learned counsel appearing for the parties and perused the material made available on record.

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Operative portion of the order dated 05.08.2019 passed by the Co-ordinate Bench of this Court, reads as under :-

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(2 of 2)

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[CCP-143/2020]

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“5. After hearing learned counsel for the parties and going through the material available on record, this Court is of the opinion that the equivalence claimed by the petitioner in consonance with Annexure-RR/1 dated 22/03/2017 is a lawful right of the petitioner as both the similarly situated persons namely; Mr. Bhanwar Lal son of Mr. Birdaram Gurjar and Mr. Basanti Lal son of Mr. Chhotu Ram were declared surplus from Chungi Naka and both have been accommodated in Gram Panchayat, Naraina, where the petitioner is also serving. This Court finds that the award of the learned Labour Court, to the extent of continuance of service, has already been abided by and 20% of the back wages have also been paid.

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6. In light of the aforesaid observations, this writ petition is allowed to the extent that the petitioner shall be granted the same benefits from the same date as have been given to the similarly situated persons namely; Mr. Bhanwar Lal son of Mr. Birdaram Gurjar and Mr. Basanti Lal son of Mr. Chhotu Ram.”

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In the reply submitted by the respondents, it has been averred that the petitioner has been paid arrears of Rs.38,722/- for the period commencing from March, 2017 to December, 2020 and deposited the same in his Saving Bank Account No.83024818171 dt. 21.02.2021. In token of receipt thereof, the petitioner has issued a consent letter stating therein that he has no grievance against the respondents after deposition of the said amount, in compliance of the aforesaid order.

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In view of the reply submitted by the respondents, no ground for further interference is made out.

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Petition stands disposed of accordingly. Rule is discharged.

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(CHANDRA KUMAR SONGARA),J

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Ashok/20

Islam Mohammad S/O Shri Lal Mohammad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Islam Mohammad S/O Shri Lal Mohammad v. State of Rajasthan

Case brief

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