Allowed

Dr Baldev Verma v. State of Raj and Ors.

Rajasthan HC29 Nov 2023CW/1367/2009

Case brief

AI extract

What is this about?

In a writ petition seeking revision of stipend and payment of arrears, the High Court of Rajasthan disposed of the petition in terms of a co-ordinate bench order, holding the petitioner entitled to revised stipend benefits from 01.01.2008.

What did the court decide?

Payment of revised stipend for the period commencing from 01.01.2008 till 30.09.2008 with interest @9% per annum and consequential benefits.

Dr Baldev Verma Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:36682]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1367/2009

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Dr. Baldev Ram siyak s/o shri mangi lal, aged 34 years, r/o vpo ubasi, via tarnau district nagaur

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----Petitioner

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Versus

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1.State Of Rajasthan through its Deputy Secretary Medical Education (Group-I) Department, Government of Rajasthan, Government Secretariat, Jaipur

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Secretary Finance department, Government Secretariat, Jaipur

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3.Principal & Controller, JLN Medical College, Ajmer.

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----Respondents

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For Petitioner(s)	: Mr. Jitendra Mitrucka
For Respondent(s)	: Mr. Hemant Mathur DGC,
	Ms. Shruti Dixit DGC,
	Mr. Harsh Sahu Addl.GC.

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Judgment / Order

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29/11/2023

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The instant writ petition has been filed by the petitioner with

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the following prayer:

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“By an appropriate writ, order or direction, the respondents may be directed to revise the stipend amount of the petitioner in term to the order dated 23.09.2008 and also directed to pay the arrear of stipend amount of the petitioner for the period from 01.01.2008 to till date with all consequential benefits.”

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Counsel appearing for the petitioner submits that the issue raised in the present writ petition is squarely covered by the order dated 21.09.2023 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.291/2009; Dr. Nirmal Saini Vs. State of Rajasthan & Ors.

[2023:RJ-JP:36682]

[CW-1367/2009]

(2 of 2)

Counsel appearing for the respondents does not controvert the fact as stated by the counsel for the petitioner and fairly states that the present matter is squarely covered by the aforesaid order passed in case of Dr. Nirmal Saini (supra), in which the Co-ordinate Bench has observed as under:-

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“This fact is not in dispute that the petitioner passed the pre PG examination and he was selected to undergo the studies of MD in skin and VD and he was admitted in first year of post graduation on 30.05.2007 and at the relevant time the stipend of Rs.7600/- was paid to such students. The stipend of Rs.7800/- was paid to the second year students but in the meantime a decision was taken by the Government to revise the rates of stipend and in this regard the sanction was accorded by the respondents vide order dated 23.09.2008 by which the stipend of first year was revised to Rs,16800/- and the stipend of second year students was revised to Rs.17800/-.

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It is worthy to note here that the aforesaid order was made effective w.e.f. 01.01.2008.

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Accordingly the petitioner is also entitled to get the benefit of this order for the period commencing from 01.01.2008 till 30.09.2008. Without any justified reason the respondents have not granted the benefit of revise stipend to the petitioner. Such act or action on the part of the respondents is quite unjustified, arbitrary and illegal.

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Accordingly instant petition stands disposed of with directions to the respondents to pay revised stipend to the petitioner, for the period commencing from 01.01.2008 till 30.09.2008 with interest @9% per annum.”

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In view of the submissions made by counsels for the parties and the observation made by the Co-ordinate Bench of this Court in the case of Dr. Nirmal Saini (supra), the present writ petition also stands disposed of in the same terms of the order in case of Dr. Nirmal Saini (supra), which will also be applicable in the present case.

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(GANESH RAM MEENA),J

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Seema/156

Dr Baldev Verma v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Dr Baldev Verma v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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