Dismissed

The State of Rajasthan v. Smt. Shanti Devi Wife of Shri Narayan Mali

Rajasthan HC16 Feb 2022SAW/868/2021

Case brief

AI extract

What is this about?

The State of Rajasthan appealed the award of ₹1 lac costs to a regularisation candidate. The High Court dismissed the appeal, upholding the Single Judge's view that the department's failure to implement a Supreme Court judgment forced the low-paid employee into further litigation and contempt proceedings.

What did the court decide?

Variation of the Single Judge's order awarding ₹1 lac costs to the respondent原审.

The State of Rajasthan Vs Smt. Shanti Devi… — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 868/2021

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The State Of Rajasthan, Through The Secretary To The Government, Agriculture Department, Government Secretariat, Jaipur.

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The Director, Agriculture, Rajasthan, Krishi Pant Bhawan, Jaipur.

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The Principal, Agriculture Extension Training Center, Durgapura, Jaipur

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----Appellants

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Versus

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Smt. Shanti Devi Wife Of Shri Narayan Mali, House No. 72,mount Road, Kagdiwada, Ramgarh Mod, Chhoti Pulia, Jaipur

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----Respondent

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For Appellant(s) : Mr. Rajesh Maharashi, AAG through VC For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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16/02/2022

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This appeal is filed by the State Government against the order of the learned Single Judge dated 21.01.2021. This appeal is confined to portion of order by which cost of Rs.1 lac has been imposed by the learned Single Judge for forcing the original petitioner to engage in second round of litigation.

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Having heard learned Additional Advocate General, what we gather is that respondent-original petitioner had succeeded before the labour Court thereafter before the High Court and SLP was dismissed by the Supreme Court. Despite this department did not

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(2 of 2)

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[SAW-868/2021]

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grant her benefit of regularisation upon which she was forced to file a fresh petition. It is in this fresh petition that the learned Single Judge has passed an order of cost observing that even after the decision of the Supreme Court the department forced the petitioner to engage in the second round of litigation.

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We are informed that she was thereafter compelled to file even a contempt petition for getting the benefit of judgment of the learned Singe Judge dated 21.01.2021.

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The action of the department cannot be pardoned. Once the issues are settled right upto the Supreme Court level, the department should have implemented the Court’s judgment in true spirit. Having raised technical objection the Court once again struck down the Government action. As if this was not enough the petitioner had to move a contempt petition to receive the fruits of the judgment of the High Court in second round. A lowly paid employee was thus dragged into long litigation and for which she was justly compensated by the learned Single Judge.

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The appeal is dismissed.

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(MANOJ KUMAR VYAS),J

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(AKIL KURESHI),CJ

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BRIJ MOHAN GANDHI /48

The State of Rajasthan v. Smt. Shanti Devi Wife of Shri Narayan Mali

Case brief

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The State of Rajasthan v. Smt. Shanti Devi Wife of Shri Narayan Mali

Case brief

What is this about?

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