Dismissed

Pramod Kumar Lavaniyan S/O Shri Charan Singh Lavaniyan v. the State of Rajasthan

Rajasthan HC7 May 2022WRW/35/2022

Case brief

AI extract

What is this about?

This review petition challenged the order dismissing a writ petition regarding the validity of rules depriving petitioners of appointment benefits. The High Court held that the earlier order considered all grievances including financial implications and thus no review is warranted.

What did the court decide?

The review petition is dismissed.

Pramod Kumar Lavaniyan S/O Shri Charan… — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

D.B. Review Petition No. 35/2022

¶4

¶5

D.B. Civil Writ Petition No.15080/2019

¶6

Pramod Kumar Lavaniyan S/o Shri Charan Singh Lavaniyan, Aged About 38 Years, R/o F-482, Gandhi Nagar, Jaipur (Raj.)

¶7

Ravindra Kumar Saini S/o Shri Ramji Lal Saini, Aged About 40 Years, R/o P. No. 1127, Barkat Nagar, Kisan Marg, Distt. Jaipur (Raj.)

¶8

Versus

¶9

The State Of Rajasthan, through its Principal Secretary, Department of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶10

----Respondent

¶11

For Petitioner(s) : Mr. Ravi Chirania Advocate with Mr. Mukul Bhagtani Advocate & Mr. S.K. Panwar Advocate.

¶12

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

¶13

07/05/2022

¶14

Heard on prayer seeking review of order dated 21.12.2021.

¶15

Argument of learned counsel for the review petitioners is that while dismissing the writ petition, in the matter of challenge to the validity of the rules, this Court has not taken into consideration specific case of the petitioners that depriving the petitioners of all the benefits of their appointments only on the basis that their appointments were illegal, would not serve any purpose and the limited benefits arising from their appointments to the extent it does not affect the seniority and other benefits to those who were illegally deprived of appointments being more

¶16

(2 of 2)

¶17

[WRW-35/2022]

¶18

meritorious, could not be set at naught by the Rules under challenge which caused extreme hardship apart from being arbitrary & irrational.

¶19

In our considered opinion, this review petition is an appeal in disguise. The scheme of the rules, the grounds on which the rule was challenged, was taken into consideration by this Court in great details. In particular, the grievance and argument of the petitioners that they have been rendering services since the year 2013, was also taken into consideration. The argument that taking away the entire service benefits for the period between 2013 to 2016 was unreasonable, contrary to the decision of the Cabinet and seeking to impose conditions which are unconstitutional and arbitrary, was also taken into consideration.

¶20

Stand taken by the State that granting benefit of services rendered from 2013 to 2016 would lead to a situation where their seniors would be drawing less pay than the petitioners which in turn would require stepping up of the pay of large number of employees which would create huge financial burden on the Government as being the basis for enacting the rule, was also taken into consideration and this Court had to dismiss the petition.

¶21

Therefore, in our opinion, there is no error apparent on the face of record warranting review or recall of the order dated 21.12.2021 passed by this Court earlier.

¶22

Accordingly, the review petition is dismissed.

¶23

(UMA SHANKER VYAS),J

¶24

(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

¶25

Sanjay Kumawat-5

Pramod Kumar Lavaniyan S/O Shri Charan Singh Lavaniyan v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pramod Kumar Lavaniyan S/O Shri Charan Singh Lavaniyan 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

Parties & counsel

Coram

Case details

Similar cases

Smt. Roshan Bai Wife of Shri Shiv Kumar Saini Vs State of Rajasthan

Deepika Sharma W/O Shri Sandeep Singh Vs the State of Rajasthan

Sariska Tiger Project Vs Madan Lal Gurjar S/O Gokul