Allowed

Smt. Tola v. State of Rajasthan

Rajasthan HC26 Aug 2022CW/7108/2021

Case brief

AI extract

What is this about?

This writ petition was disposed of by allowing it on the same terms as the coordinate bench judgment in Laxman v. State of Rajasthan & Ors., granting entitlement to service continuity, semipermanent and permanent status, and monetary benefits from the date of initial appointment.

What did the court decide?

Petitioner entitled to benefits of continuity in service, semipermanent and permanent status, and monetary benefits from date of initial appointment as per Laxman case.

Smt. Tola Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 7108/2021

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Smt. Tola D/o Shri Jokha W/o Late Shri Ramu, Aged About 59 Years, R/o Ghati Ghara, Tehsil Baghi Dora, District Banswara.

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----Petitioner

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Versus

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State of Rajasthan, through the Chief Engineer, Water Resources Department, Rajasthan, Indira Gandhi Nahar Mandal Bhawan, Jaipur.

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The Executive Engineer, Mahi Dam Division - First, Mahi Project, Banswara.

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The Assistant Engineer, Sub Division Third, Mahi Project, Baghi Dora, Banswara.

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----Respondents

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For Petitioner(s) : Mr. Sikandar Khan For Respondent(s) : Ms. Khushbu Choudhary for Ms. Abhilasha Bora

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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26/08/2022

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Learned counsel for the petitioner as well as learned counsel for the respondents are ad idem on the fact that the controversy in question is covered by the judgment passed by a Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.4535/2021; Laxman v. State of Rajasthan & Ors. , decided on 30.03.2022. In Laxman’s case (supra), it was held as under:-

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“Consequently, the writ petitions filed by the petitioners are allowed. The petitioners are entitled for the benefits of their continuity in service in terms of the Award dated 22/3/1999 from the date of their respective initial date of appointment as indicated in Annex.5 to the writ

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(2 of 2)

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[CW-7108/2021]

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petition and as indicated hereinbefore. The action of the respondents in granting benefits from the alleged date of reinstatement i.e. 1/8/2000 by order dated 29/8/2005 (Annex.5) is quashed. The petitioners would be entitled to semipermanent and permanent status from the date of their initial appointment along with the benefit of selection grade on completion of 9, 18 and 27 years of service in accordance with law, which would also be reflected in their entitlement to salary and/or pension. After calculating all the benefits available to the petitioners based on the above directions, the petitioners would be entitled to the actual monetary benefits w.e.f. three years prior to filing of the respective writ petitions.

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The entire exercise be done by the

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respondents within a period of six weeks and the arrears of monetary benefits be accorded to the petitioners within a period of four weeks thereafter and continue to pay the benefits to the petitioners in accordance with law.”

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In view of the submissions made, the present writ petition is

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also allowed on the same terms as in Laxman’s case (supra).

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(REKHA BORANA),J

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116-Sachin/-

Smt. Tola v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Tola v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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