Disposed

Bhoop Singh Son of Chhotelal v. the State of Rajasthan

Rajasthan HC2 May 2023CW/1544/2022

Case brief

AI extract

What is this about?

The High Court disposed of multiple connected writ petitions filed by employees of the Urban Improvement Trust, Bharatpur, seeking grade increments. The court observed that a subsequent petition on the same issues was filed and directed the petitioners to pursue that petition on merits, disposing of the current ones accordingly.

What did the court decide?

Petitions disposed with liberty to pursue subsequent writ petition No.12870/2022. Stay applications disposed.

Bhoop Singh Son of Chhotelal Vs the State of… — Service and Employment | Rajasthan HC (2023)

¶1

[2023/RJJP/009005]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 1505/2022

¶4

Padamsingh Son Of Mohan Lal, Aged About 62 Years, Resident Of B-Narain Gate, Dheemer Mohalla, Bharatpur (Raj.)

¶5

----Petitioner

¶6

Versus

¶7

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶8

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

¶9

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶10

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶11

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶12

----Respondents

¶13

Connected With

¶14

S.B. Civil Writ Petition No. 1544/2022

¶15

Bhoop Singh Son Of Chhotelal, Aged About 64 Years, Resident Of 73, Brij Nagar, Near Kaka Ji Ki Kothi, Bharatpur, District Bharatpur (Raj.)

¶16

----Petitioner

¶17

Versus

¶18

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶19

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

¶20

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶21

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶22

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶23

----Respondents

¶24

S.B. Civil Writ Petition No. 1516/2022

¶25

Teekam Singh Son Of Daya Ram, Aged About 53 Years, Resident Of Ram Nagar, Bharatpur (Raj.)

----Petitioner

Versus

(2 of 8)

[2023/RJJP/009005]

[CW-1505/2022]

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶32

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

¶33

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶34

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶35

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶36

----Respondents

¶37

S.B. Civil Writ Petition No. 1517/2022

¶38

Indrapal Sharma Son Of Shri Udai Ram Sharma, Aged About 59 Years, Resident Of H.no. D-34, Subhash Nagar, Bharatpur (Raj.)

¶39

----Petitioner

¶40

Versus

¶41

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶42

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

¶43

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶44

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶45

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶46

----Respondents

¶47

S.B. Civil Writ Petition No. 1520/2022

¶48

Anurag Sharma Son Of Chandra Shekhar Sharma, Aged About 58 Years, Resident Of Ward No. 39, Near Vashishtha Sr. Sec. School, Pushpa Vatika Colony, Bharatpur (Raj.)

¶49

----Petitioner

¶50

Versus

¶51

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶52

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

¶53

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶54

The Secretary, Urban Improvement Trust, Bharatpur

[2023/RJJP/009005]

[CW-1505/2022]

(3 of 8)

(Raj.)

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶60

----Respondents

¶61

S.B. Civil Writ Petition No. 1534/2022

¶62

Jagdish Son Of Shri Roop Singh, Aged About 52 Years, Resident Of Packka Bagh Farm, Bharatpur (Raj.)

¶63

----Petitioner

¶64

Versus

¶65

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶66

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

¶67

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶68

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶69

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶70

----Respondents

¶71

S.B. Civil Writ Petition No. 1536/2022

¶72

Madan Lal Son Of Nandkishor, Aged About 54 Years, Resident Of Indra Nagar, Near Nala, Bharatpur (Raj.)

¶73

----Petitioner

¶74

Versus

¶75

1. The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶76

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

¶77

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶78

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶79

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶80

----Respondents

¶81

S.B. Civil Writ Petition No. 1540/2022

¶82

Rooparam Son Of Shri Panna Lal, Aged About 55 Years, Resident Of Vpo- Bhandor Kala, Bharatpur, District Bharatpur (Raj.)

----Petitioner

Versus

(4 of 8)

[2023/RJJP/009005]

[CW-1505/2022]

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶89

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

¶90

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶91

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶92

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶93

----Respondents

¶94

S.B. Civil Writ Petition No. 1541/2022

¶95

Kishan Singh Son Of Govind Singh, Aged About 55 Years, Resident Of Nathi Ka Nangla, B-Narain Gate, Super Bazar, Bharatpur (Raj.)

¶96

----Petitioner

¶97

Versus

¶98

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶99

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

¶100

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶101

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶102

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶103

----Respondents

¶104

S.B. Civil Writ Petition No. 1543/2022

¶105

Ali Mohammad Son Of Hundal, Aged About 37 Years, Resident Of Biland, Tehsil Kaman, District Bharatpur (Raj.)

¶106

----Petitioner

¶107

Versus

¶108

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶109

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

¶110

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶111

The Secretary, Urban Improvement Trust, Bharatpur

[2023/RJJP/009005]

[CW-1505/2022]

(5 of 8)

(Raj.)

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶117

----Respondents

¶118

S.B. Civil Writ Petition No. 1579/2022

¶119

Smt. Hemlata W/o Shri Vinay Kumar, Aged About 55 Years, Resident Of Kothi Guljar Bagh, Bharatpur (Raj.)

¶120

----Petitioner

¶121

Versus

¶122

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶123

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

¶124

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶125

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶126

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶127

----Respondents

¶128

S.B. Civil Writ Petition No. 3238/2022

¶129

Pramod Kumar Jain S/o Mahaveer Prasad Jain, aged about 51 years, R/o Near Surjeet School, Namak Katra, Bharatpur

¶130

………….Petitioner

¶131

Versus

¶132

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶133

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

¶134

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶135

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶136

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶137

----Respondents

¶138

S.B. Civil Writ Petition No. 1497/2022

¶139

Ashok Kumar S/o Shri Gopal Prasad, aged about 48 years, R/o B-Narain Gate, Kachha Kunda, Ghana Road, Bharatpur (Raj.)

¶140

……….Petitioner

¶141

Versus

¶142

The State Of Rajasthan, Through Principal Secretary,

(6 of 8)

[2023/RJJP/009005]

[CW-1505/2022]

Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.).

¶147

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

¶148

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶149

The Secretary, Urban Improvement Trust, Bharatpur (Raj.)

¶150

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶151

……...Respondents

¶152

S.B. Civil Writ Petition No. 1545/2022

¶153

Kanhaiyalal S/o Khushiram, aged about 55 years, R/o A- 340, Jawahan Nagar, Bharatpur (Raj.) presently residing at Amanpoli Clinic, Dhawas, Ajmer Road, Jaipur

¶154

…..Petitioner

¶155

Versus

¶156

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶157

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

¶158

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶159

The Secretary, Urban Improvement Trust, Bharatpur(Raj.)

¶160

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

¶161

……...Respondents

¶162

S.B. Civil Writ Petition No. 7401/2022

¶163

Sanjay Kumar S/o Rajveer Sharma, aged about 36 years, R/o UIT Q No.3, Near Pani Ki Tanki Krishna Nagar, Bharatpur (Raj.)

¶164

…………..Petitioner

¶165

Versus

¶166

The State Of Rajasthan, Through Principal Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

¶167

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

¶168

The District Collector And Chairman, Urban Improvement Trust, Bharatpur (Raj.)

¶169

The Secretary, Urban Improvement Trust, Bharatpur(Raj.)

¶170

The Assistant Accountant Officer, Urban Improvement Trust, Bharatpur (Raj.)

………..respondents

(7 of 8)

[2023/RJJP/009005]

[CW-1505/2022]

For Petitioner(s)	: Mr. Anshul Sharma
For Respondent(s)	: Mr. Anil Mehta, AAG with
	Mr. Yashodhar Pandey
	Mr. L.L. Gupta

¶176

HON'BLE MR. JUSTICE SUDESH BANSAL

¶177

Order

¶178

02/05/2023

¶179

Heard learned counsel for both parties and perused the material available on record.

¶180

Learned counsel for petitioners submit that all petitioners are employees of UIT, Bharatpur and petitioners have filed instant writ petitions for grant of Annual Grade Increments pursuant to notification dated 30.10.2017 issued by the Finance Department, Government of Rajasthan promulgating the Rajasthan Civil Services (Revised Pay) Rules, 2017 (hereinafter referred to as “the Rules of 2017”). During the course of instant writ petitions, the Finance Department has issued a Circular dated 24.03.2022 whereby and whereunder benefits of the Rules of 2017 has been given to employees of Autonomous Bodies w.e.f. 01.04.2022 and thereafter, petitioners have jointly filed another petition being S.B.Civil Writ Petition No.12870/2022 titled as Padamsingh and Ors. Vs. State of Rajasthan & Ors., wherein following prayers have been made:-

¶181

“ It is therefore most respectfully prayed that your Lordships may graciously be pleased to allow this writ petition and by an appropriate writ, order or direction; i) The record be called for; ii) The order dated 24/03/2022 bearing number पं 12 (3) वित/वन८यम/2022 जयपुर, passed by the Secretary (Administration), Finance (Budget), Finance

(8 of 8)

[2023/RJJP/009005]

[CW-1505/2022]

Department, Government of Rajasthan be quashed and set aside;

¶186

iii) The order dated 09/05/2022 bearing number 5(32)न८विवि/1 /2016 जयपुर, passed by Finance Department, the Urban Development and Housing Department, Government of Rajasthan whereby the benefits of the Revised Pay Scale has been granted to the employees from 01.04.2022 and recovery of the excess payment has been proposed, be quashed and set aside.

¶187

iv) The respondents be directed to grant the benefits of the Rajasthan Civil Services (Pay Revision) Rules, 2017 from the date of coming into effect i.e. 01.01.2016, as granted to similarly situated employees of other UTTs.

¶188

v) Cost of the litigation may also be awarded in favour of the petitioners. vi) Any other relief which the Hon’ble Court deems fit and proper may kindly be passed in favour of the petitioner.”

¶189

Since petitioners have instituted subsequent writ petition and the issue raised in the present writ petitions is incidental to the writ petition filed by petitioners subsequently and the grant of benefits under the Rules of 2017 has also been prayed for therein as well.

¶190

Therefore, all these writ petitions are disposed of with observation that petitioners would be at liberty to pursue the aforestated writ petition No.12870/2022 on merits and disposal of these writ petitions would not adversely affect rights of petitioners to pursue their writ petition on merits.

¶191

Stay applications and any other pending application, if any, stand disposed of.

¶192

Copy of this order be placed in connected file.

¶193

(SUDESH BANSAL),J

¶194

TN/1-11, SS1,S2,S3 & S4

Bhoop Singh Son of Chhotelal v. the State of Rajasthan

Case brief

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Bhoop Singh Son of Chhotelal v. the State of Rajasthan

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