Dismissed

Uka Ram Sen v. the State of Rajasthan

Rajasthan HC14 Dec 2022CW/10306/2022

Case brief

AI extract

What is this about?

The High Court dismissed the M/S. Civil Writ Petition seeking regularization of the petitioner's Class-IV service from 1985 to 1994 with backdated benefits. Relying on a recent order in S. B. Civil Writ Petition No. 79/2018, the court held that similar claims must be dismissed due to gross delay, disposing of the petition accordingly.

What did the court decide?

None. Petitioner's claim for regularization and backdated benefits is dismissed due to gross delay.

Uka Ram Sen Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

¶2

JODHPUR

¶3

S.B. Civil Writ Petition No. 10306/2022

¶4

Uka Ram Sen S/o Shri Ichimna Ram, Aged About 58 Years, Dhanwa Barmer, District Barmer (Rajasthan).

¶5

----Petitioner

¶6

Versus

¶7

The State Of Rajasthan, Through Secretary, Education Department (Group-Iii), Govt. Of Rajasthan, Secretariat, Jaipur.

¶8

The Secretary, Finance Department, Govt. Of Rajasthan, Jaipur.

¶9

The Director, Secondary Education, Bikaner, Rajasthan.

¶10

The District Education Officer (Secondary), Barmer.

¶11

----Respondents

¶12

For Petitioner(s) : Mr. Chatur Bhuj For Respondent(s) : -

¶13

JUSTICE DINESH MEHTA

¶14

Order

¶15

14/12/2022

¶16

The present writ petition has been preferred for the following

¶17

reliefs:-

¶18

“By appropriate writ, order or direction, the respondents may be directed treat the period of service of the petitioner as regular on the post of Class-IV form the date of his initial appointment i.e. 19.11.1985 to the date of his regularization i.e. 12.08.1994 and the petitioner may kindly be granted the benefits of regular pay of the post, seniority and all consequential benefits.

¶19

By appropriate writ / order or direction the respondents may kindly be directed to treat the daily wages period of the service of the petitioner on the post of Class-IV for the period from 19.11.1985 to 12.08.1994 as regular at par with Mansukh Das (supra) and accordingly the petitioner may kindly be granted all consequential

¶20

(2 of 2)

¶21

[CW-10306/2022]

¶22

benefits and the same period may kindly be directed to be counted as reckonable and qualifying for the purpose of determing Selection Scale/ACP and other benefits.

¶23

Any other appropriate relief which this Hon’ble High Court deems just and proper may kindly be granted in favour of the petitioner.”

¶24

It is to be noted that a co-ordinate Bench of this Court in a bunch of petitions vide order dated 22.03.2022 in S. B. Civil Writ Petition No.79/2018 ( Indra Ram Acharya Vs. Sate of Rajasthan & Ors.) has dismissed the writ petition, wherein similar matter was under controversy observing thus:-

¶25

“So far as the claim of the petitioners for regularization of their services w.e.f the date of initial appointment is concerned, this Court is not inclined to interfere with the same because of a gross delay of 25 years being caused in raising the said claim.

¶26

So far as the other judgments cited by the counsel for the petitioners in support of the submissions regarding the regularization of the petitioners are concerned, there is no dispute pertaining to the ration as laid down in the said judgments. But as this Court is not inclined to interfere in the present matters qua the relief of regularization on the ground of gross delay, the said judgments are not required to be dealt with in the present matter.”

¶27

Following the adjudication in the case of Indra Ram Acharya ( supra ) , the present writ petition is disposed of. 4. The stay application also stands disposed of accordingly.

¶28

(DINESH MEHTA),J

¶29

19-akansha/-

Uka Ram Sen v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Uka Ram Sen v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sandeep Singh Tanwar Vs State of Rajasthan

Tija Bai Vs State of Rajasthan

Subhash Sharma Vs State of Rajasthan

Gayatri Sharma Vs State of Rajasthan

Mahaveer Tandi Vs the State of Rajasthan

Dr Tara Chand Gupta Vs the State of Rajasthan