Allowed

Hari Ram Son of Shri Ratandas v. Secretary, State Enterprises Department

Rajasthan HC3 Nov 2022CW/7220/2022

Case brief

AI extract

What is this about?

This order disposed of a writ petition sought by superseded helpers requiring pay scale revision and pension fixation, relying on a coordinate bench judgment directing the administration to conduct the necessary exercise within three months.

What did the court decide?

Directing respondents to issue Last Pay Certificate, revise pay and pension, calculate arrears, and complete the exercise within three months.

Hari Ram Son of Shri Ratandas 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 Writ Petition No. 7220/2022

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Hari Ram Son Of Shri Ratandas, Aged About 64 Years, Resident Of Vpo Girdoda Mitha, Tehsil - Ladnu, DistrictNagaur (Raj.)

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Kishan Lal Mali Son Of Shri Prahlad Ram, Aged About 80 Years, Resident Of Mohalla Har Narayan Bas, TehsilDeedwana, District- Nagaur (Raj.)

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----Petitioners

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Versus

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Secretary, State Enterprises Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

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Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

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Secretariat Public Health Engineering Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

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Secretary, Finance Department, Government Of Rajasthan, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Mukesh Kumar Verma For Respondent(s) : Mr. Rohit Choudhary, Dy.G.C.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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03/11/2022

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Counsel for the petitioners submits that the issue involved in this writ petition has been considered and decided by the coordinate Bench of this court in S.B. Civil Writ Petition No.11104/2016 in the matter of Panchu Ram versus Principal Secretary and Ors. where in on 13.04.2017, the following order was passed:-

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(2 of 3)

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[CW-7220/2022]

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“Both the counsel agree that the issue involved in this present writ petition is no more res integra and the directions issued in S.B.Civil Writ Petition No.8727/2004 dated 7th January, 2015 in the similar cases preferred by Chandra Ram & Ors. Vs. Rajasthan Civil Services & Ors. be also made applicable to the petitioner.

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The case of the petitioner that he was originally working as helper in the Rajasthan State Chemicals Works Deedwana, which was a State enterprise to the pay scale of helper in 1976. The pay scale of the post was revised to 245-310 whereas in other departments, the pay scale was 250-360. The Labour Court passed an award holding that the petitioner and similarly placed helpers working on the said concerned would also be entitled to be fixed in the pay scale of 250-360. But in the meanwhile the said concern was closed and the petitioner and similarly placed helpers were declared surplus and absorbed as class IV employee in various departments. However, the pay was protected. In view thereof, it was necessary that the revision of petitioner's pay on the earlier post was required to be made and last pay certificate is required to be issued so that accordingly pay would be fixed on the post of Class-IV, but the said LPC was not issued. This Court in the aforesaid writ petition has directed as under:

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"I have considered the submissions made by learned counsel and find no ground to recall the order, as it was passed after considering the fact, though liberty was given for making an application. The alternative prayer of learned counsel is, however, accepted and the application is disposed of with the direction to the respondent/s to issue Last Pay Certificate based on revised pay scale, if it has not yet been issued. The respondents are given liberty to make an application for recalling of this order if any difficulty arises in carrying out the direction above or otherwise."

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The petitioner has already attained superannuation. It is therefore now directed

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(3 of 3)

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[CW-7220/2022]

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that the respondent would conduct an exercise after issuing LPC of the last post which he was holding as Helper in Rajasthan State Chemicals Works Deedwana and accordingly revise his pay and make his pay fixation. Further, the arrears shall also be calculated and the last pay on the date when he attained retirement, shall also be accordingly revised and on the basis thereof pension and retiral benefits would also be released by revising the pension and gratuity. The entire exercise as stated above shall be conducted within a period of three months from the date of submission of certified copy of this order to the office of the respondent by the petitioner. The writ petition is accordingly allowed. No costs.”

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Counsel for the respondents has not disputed the submissions made by the counsel for the petitioners.

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In that view of the matter, this writ petition is disposed of in view of judgment passed in the matter of Panchu Ram (supra) .

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(INDERJEET SINGH),J

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AARZOO ARORA /166

Hari Ram Son of Shri Ratandas v. Secretary, State Enterprises Department

Case brief

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Hari Ram Son of Shri Ratandas v. Secretary, State Enterprises Department

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