Dismissed

Narbada Agarwal v. State of Rajasthan

Rajasthan HC14 Aug 2023CW/18968/2018

Case brief

AI extract

What is this about?

This order dismissed the petition seeking selection grade benefits, resting the decision on a prior Division Bench judgment that project workers are not regular employees. Petitioner’s employment grievances were directed to be handled via representation.

What did the court decide?

Writ petition dismissed; grievances regarding salary and leave to be addressed via representation to the competent authority.

Narbada Agarwal Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:25610]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 18968/2018

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Narbada Agarwal W/o Shri Satyanarayan Ji Agarwal, Aged About 62 Years, By Caste Agarwal, Resident Of Ig Nagar, Iind Phase, W.w.o. 35, Balotra, Barmer, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Social Justice And Empowerment And Social Security, Having Address At Secretariat, Jaipur.

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Director, Rajasthan State Social Welfare Board, Having Address At G-3/1, Ambedkar Bhawan, Iiird Floor, Residency Road, Near Civil Line Gate, Jaipur, (Rajasthan).

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Project Officer, Office Of Child Development Project, Balotra 1, Pachpadra, Barmer (Rajasthan).

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----Respondents

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For Petitioner(s)	: Mr. Shashank Sharma
For Respondent(s)	: Mr. Anil Kumar Gaur, AAG
	Mr. Girish Kumar Sankhla

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JUSTICE DINESH MEHTA

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Order

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14/08/2023

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Mr. Sankhla, learned counsel for the respondents at the outset submitted that the issue involved in the present writ petition has been set at rest by the Division Bench of this Court in the case of The Rajasthan State Social Welfare Advisory Board & Anr. Vs. Smt. Saroj Arora & Ors.; D.B. Special Appl. Writ No.821/2014 , decided on 15.12.2016.

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Inviting Court’s attention towards the above referred judgment, Mr. Sankhla submitted that the petitioner is also working on project and the Division Bench of this Court has held

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[2023:RJ-JD:25610]

[CW-18968/2018]

that the persons working on project are not regular employees and therefore, not entitled for benefits of selection grade.

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Mr. Sharma, learned counsel for the petitioner is not in a position to dispute the above facts.

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The present writ petition is, therefore, dismissed in terms of the judgment rendered by the Division Bench in the case of the Rajasthan State Social Welfare Advisory Board (supra).

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So far petitioner’s other grievances in relation to his due payment for eight months’ salary and 300 surrender leaves are concerned, the petitioner shall be free to move representation before the competent authority.

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In case, a representation alongwith certified copy of the order instant is filed within four weeks from today, the competent authority shall consider the same in accordance with law and reply filed in the present writ petition.

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In case, the competent authority is of the view that the petitioner is not entitled for the amount as claimed, he shall pass a speaking order within eight weeks of receiving the representation under the intimation to the petitioner against which, the petitioner’s right to take legal remedies shall stand reserved.

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Stay application stands disposed of.

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(DINESH MEHTA),J

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21-AbhishekS/-

Narbada Agarwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Narbada Agarwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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