Allowed

Virender Kumar Joshi v. the State of Rajasthan

Rajasthan HC4 Feb 2023CW/1078/2021

Case brief

AI extract

What is this about?

The petitioner, a government school employee, sought benefits equivalent to those accorded in Vijay Singh Koori. The Court allowed the petition, directing the State to grant the specific pay scale, allowances, and seniority benefits from the date of appointment, ensuring compliance within three months.

What did the court decide?

Directed State to grant pay scale, allowances, and seniority benefits from date of appointment, with earlier benefits notionally alone, compliance within three months.

Virender Kumar Joshi Vs the State of… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJD/003927]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1078/2021

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Virender Kumar Joshi S/o Shri Rajendra Prasad Joshi, Aged About 42 Years, Resident Of Village Gagera, Tehsil Hurda, District Bhilwara. At Present Posted As Pti Grade Iii, Govt. Senior Secondary School Motipur, Tehsil Asind, District Bhilwara.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Education, Rajasthan, Jaipur.

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The Director, Secondary Education, Rajasthan, Bikaner. 3. The District Education Officer, Secondary Education, Bhilwara, Rajasthan.

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The District Education Officer, Elementary Education, Bhilwara, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Rajesh Punia.
For Respondent(s)	: Mr. Sarwan Kumar,AGC.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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04/02/2023

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Learned counsel for the respondents submits that the controversy involved in the present writ petition is covered by order rendered by Jaipur Bench of this Hon’ble Court in Vijay Singh Koori Versus State of Rajasthan & Ors. (S.B. Civil Writ Petition No.13776/2017, decided on 02.12.2020. The operative portion of which reads as follows:-

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“I have considered the submissions.

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This Court has allowed the aforesaid writ petition wherein it is noticed that benefits were already extended to other employees and the petitioners therein had to approach the Court inspite of such benefits already have been granted by the Court in the case of Kishore Singh

(2 of 2)

[2023/RJJD/003927]

[CW-1078/2021]

Versus State of Rajasthan & Others : SBCWP No.17750/2015 decided on 05.09.2018 alongwith connected cases.

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This Court finds that the case of the petitioner is identical to the aforesaid case and the petitioner would also be entitled to the same benefits and merely because he has come late before the Court would not make any difference so far as grant of pensionary benefits are concerned.

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Accordingly, this writ petition is also allowed with directions to the respondent-State to grant benefit of payscale and allowances as applicable and applied on the employees who have been appointed under the advertisement of 2003 and the benefits thereto including seniority. It is made clear that so far as the actual benefits are concerned, the same shall be made available to the petitioner from the date of his appointment while earlier benefits shall be notionally alone. The compliance be made within three months henceforth.

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No costs.”

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In light of the aforequoted order, this writ petition is disposed of with a direction to the State-respondents to grant benefit of pay-scale and allowances as applicable and applied on the employees who have been appointed under the advertisement of 2003 and the benefits thereto including seniority. It is made clear that so far as the actual benefits are concerned, the same shall be made available to the petitioner from the date of his appointment while earlier benefits shall be notionally alone. The compliance be made within three months henceforth.

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All pending applications also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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49-/Jitender//-

Virender Kumar Joshi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Virender Kumar Joshi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

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