Allowed

Smt. Usha Devi v. State of Rajasthan

Rajasthan HC13 Dec 2023CW/18925/2023

Case brief

AI extract

What is this about?

This writ petition sought minimum pay scale for a petitioner under the Social Welfare Department. The court allowed the petition, ordering the respondents to accord the benefit of the minimum pay scale from the date of an earlier filed writ, based on a coordinate bench's recent decision.

What did the court decide?

The order dated 08.10.2021 denying minimum pay schedule is quashed. Respondents directed to accord benefit of minimum pay-scale from the date of filing earlier writ petition.

Smt. Usha Devi Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:43401]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 18925/2023

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Smt. Usha Devi W/o Shri Gyan Singh, Aged About 36 Years, By Caste Rajput, R/o Binega, Tehsil And District Karauli. Presently Working As Cook In Govt. Devnarayan Grils Hostel Karauli.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary Social Welfare Department, Rajasthan, Jaipur.

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The Director, Social Welfare Department, Jaipur. 3. The Assistant Director, Social Welfare Department, Karauli.

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	----Respondents
For Petitioner(s)	: Mr. Mahipal Rajpurohit.
For Respondent(s)	: Mr. Anil Kumar Gaur,AAG.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order

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13/12/2023

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Learned counsel for the parties jointly submit that the controversy involved in this petition is covered by the order dated 16.11.2023 passed by a Coordinate Bench of this Court in Smt. Soram Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition

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No.1335/2022). The order dated 16.11.2023 reads as follows:-

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"Learned counsel for the parties jointly submitted that the controversy involved in the present writ petition is covered by the order dated 01.12.2022 passed by a co-ordinate Bench of this Court in a batch of writ petitions led by S.B. Civil Writ Petition No.3595/2022 (Kanhaiya Lal Vs. State of Rajasthan & Ors.).

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The operative paras of the order dated 01.12.2022

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is reproduced herein below for ready reference:“A specific determination was made by the

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Hon'ble Supreme Court holding that the said

(2 of 3)

[2023:RJ-JD:43401]

[CW-18925/2023]

requirement was a result of intermingled legal position determined by the Supreme Court on the subject of regularization of employees while the issue before the Court was pay parity and that the determination was in teeth of the judgment in Daily Rated Casual Labour vs. Union of India : (1988) 1 SCC 122.

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In view of the above categorical pronouncement of the Hon'ble Supreme Court on the aspect of period for which the petitioners are required to work for the purpose of getting minimum of the pay scale, the determination made by the respondents requiring the petitioners to have worked for a minimum of 10 years cannot be sustained.

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In all the cases, on other aspects i.e. the minimum qualification and satisfactory working of the petitioners, the authority has held in favour of the petitioners. In view of the above discussion, the petitions filed by the petitioners are allowed. The orders dated 10/9/2021 (Annex.P/2 in CW No. 3595/22), 10/9/2021 (Annex.P/2 in CW No.17734/21), 4/2/2022 (Annex.P/3 in CW No. 4201/2022), 4/2/2022 (Annex.P/2 in CW No. 4244/2022), 10/9/2021 (Annex.3 in CW No.4822/2022) and 16/11/2021 (Annex.P./2 in CW No.1304/2022) denying minimum of the pay scale to the petitioners only on account of their having worked for less than 10 years are quashed and set aside.

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The respondents are directed to accord the benefit of minimum of the pay scale to the petitioners from the date their writ petitions filed in earlier round of litigation came to be decided by this Court, as indicated hereinbefore.

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Needful be done by the respondents within a period of four weeks from the date of this order”

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In view of aforesaid, the present writ petition filed by the petitioner is allowed. The order dated 08.10.2021 (Annexure-P/2) denying minimum of the pay-scale to the petitioner on account of her not having completed the services of ten years, is quashed and set aside.

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The respondents are directed to accord the benefit of minimum pay-scale to the petitioner from the date of her filing the earlier writ petition.

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[2023:RJ-JD:43401]

[CW-18925/2023]

Needful be done by the respondents within a period of four weeks from the date of this order."

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In light of the aforequoted order, the present writ petition is also allowed on the same terms. All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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45-/Jitender//-

Smt. Usha Devi v. State of Rajasthan

Case brief

What is this about?

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Smt. Usha Devi v. State of Rajasthan

Case brief

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