Disposed

Smt. Komal Purohit Wife of Jugal Kishore v. the State of Rajasthan

Rajasthan HC25 Jan 2023CW/24656/2018

Case brief

AI extract

What is this about?

The High Court directed the State to grant the benefit of 2nd ACP (pay scale 9300-34800, Grade Pay 5400) to petitioners, treating the case similarly to connected writs and citing a review order that had modified earlier grants, disposing of the petition with a direction to comply within six weeks.

What did the court decide?

The respondents directed to grant 2nd ACP benefit to petitioners and consider necessary relief within six weeks.

Smt. Komal Purohit Wife of Jugal Kishore… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/000569]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 24656/2018

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Smt. Komal Purohit Wife Of Jugal Kishore, Aged About 57 Years, Lady Supervisor - Office Of Cdpo - Merta, District Nagaur And Resident Of Dhariwalon-Ka-Mohalla, Merta City, District Nagaur.

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Smt. Sarita Sharma Wife Of Shri Bal Krishna Sharma, Aged About 48 Years, Lady Supervisor - Office Of Cdpo - Merta City And Resident Of Mukam And Post Harsolao Via Gotan, Tehsil Merta City, District Nagaur.

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----Petitioners

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Versus

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The State Of Rajasthan, Through The Additional Chief Secretary To The Government, Department Of Women And Child Development, Secretariat, Jaipur.

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The Director, Integrated Child Development Services (Icds), Directorate, Department Of Women And Child Development, 2, Jalpath, Gandhi Nagar, Jaipur.

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----Respondents

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For Petitioner(s) : Mr.Ashish Saksena, Adv. For Respondent(s) : Mr.Prateek Singh, Adv. for Ms.Sheetal Mirdha, AAG

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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25/01/2023

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The instant writ petition has been filed by the petitioners with the following prayers:-

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“(i) An appropriate writ, order or direction to the respondents declaring and granting the petitioners to avail the benefit of change of option as per order dated 06.09.2017 and the judgment of this Hon’ble Court in identical S.B.

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[2023/RJJP/000569]

[CW-24656/2018]

Contempt Petition No.775/2017-Smt. Mehrunnisa Vs. State of Rajasthan regarding option in regard to Rules of 2008.

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(ii) An appropriate writ, order or direction to the respondents declaring the petitioner entitled for grant of 2^nd ACP in the pay scale of CDPO i.e. 8000-13500 [now revised under Rules of 2008 as Running Pay Band 1560039100 & Grade Pay 5400 w.e.f. 10.02.2007 (for petitioner No.1) and 14.12.2011 (petitioner No.2)] on completion of 10+9 (19) years of service with consequential benefit of revision pay and its arrears with interest @ 12 % p.a. from the date of eligibility till the date of actual payment, in supersession to the earlier order passed on 20.05.2014 whereby they were earlier granted 2^nd ACP in the running pay band 9300-34800 Grade Pay 4200 (4800 w.e.f. 01.07.2013).

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(iii) An appropriate writ, order or direction to the respondents for declaring the petitioners entitled for grant of consequential 3^rd ACP in the Running Pay Band of 15600-39100 Grade Pay 6000 on completion of 27 years of service with consequential relief.

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(iv) An appropriate writ, order or direction to the respondents quashing any adverse order, if passed, during pendency of the writ petition.”

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Learned counsel for the petitioners submitted that the issue involved in the present writ petition has already been decided by this Court in S.B.Civil Writ Petition No.21256/2017 (Smt.Pushpa Bandela Vs. The State of Rajasthan & Anr.) and other connected writ petitions, decided vide order dated

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[2023/RJJP/000569]

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08.08.2018. The relevant portion of said order passed by this Court is quoted as hereunder:-

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“This Court finds that once the petitioners who are working as Lady Supervisors have been entitled to be granted the benefit of1st selection scale on the post of ACDPO and 2nd selection scale on the post of CDPO, the present petitioners cannot be denied the same benefit. The submission of learned counsel for the respondents that there is another post of senior supervisor in between, this plea has already been taken care of while deciding the controversy in the case of Manu Rani Nadheria (supra) and the same view was upheld by the Apex Court.

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This Court further finds that as far as option of persons who came before this Court in the contempt petition is concerned, the coordinate Bench after considering the order passed in SB Civil Contempt Petition No.775/2017, has allowed SBCWP No.8865/2016 [Smt. Meera & Ors. Vs. State of Raj. & Anr.] and other connected writ petitions.

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The issue of grant of 2nd ACP to the Lady Supervisor on the post of CDPO is no more resintegra.

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Accordingly, the present writ petitions deserve to be allowed and the respondents are directed to confer the benefit of 2^nd ACP to the petitioners in the pay scale of Rs.15600-39100/with pay band of Rs.5400/- on completion of 19 years of service to the respective petitioners.

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The compliance of order may be made within a period of six weeks from the date of copy of receipt of this order.”

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Learned counsel for the petitioners submitted that the State has preferred review petition before this Court in S.B.Review Petition (Writ) No.1/2019 (The State of Rajasthan & Anr. Vs. Smt.Anita Choudhary & Anr.) for recalling the order dated 08.08.2018.

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Learned counsel submitted that this Court after hearing both the sides, passed the order in review petition on 14.02.2020 and it was directed that the petitioners in the original writ petition were required to be treated eligible for grant of benefit of 2^nd ACP in the pay scale of Rs.9300-34800/- with grade pay of Rs.5400/-.

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The relevant portion of the order passed in the case of The

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State of Rajasthan & Anr. Vs. Smt.Anita Choudhary & Anr.

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(supra) is quoted as hereunder:-

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“This Court considering all the aspects of the matter, finds that the order dt.08.08.2018 passed by this Court needs to be reviewed and accordingly the same is reviewed and this Court holds that the petitions filed by the writ petitioners are treated to be allowed but they are required to be conferred the benefit of 2^nd ACP in the pay scale of Rs.9300-34800/- with grade pay of Rs.5400/-.

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This Court also deems it proper to direct the respondents to comply with the order passed by this Court today, within a period of four weeks from the date of receipt of copy of this order.

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Accordingly, the review petitions are disposed of.”

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Per contra , learned counsel for the respondents submitted that the relief claimed by the petitioner can be examined by the respondents as an order dated 14.12.2021 has issued by them, where the persons who have grievance in respect of the non grant of ACP, can approach the Authorities and accordingly their cases are being decided.

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Learned counsel for the respondents submitted that this Court in another bunch of writ petitions i.e. SBCWP No.25207/2018 titled as Smt. Kalpana Jain Vs. The State of Rajasthan & Anr. decided on 02.03.2022 had given direction to the respondents to consider/implement the order dated 14.12.2021.

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I have heard the submissions made by learned counsel for the parties and perused the material available on record.

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This Court finds that similarly situated persons have already been considered for grant of 2^nd ACP in the pay scale of Rs.930034800/- with grade pay of Rs.5400/-.

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This Court finds that the present writ petition is also required to be disposed of on the similar terms, as this Court has earlier passed the orders.

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This Court, accordingly directs that the respondents may consider grant of same benefit to the petitioner, as has been granted to other similar situated persons and the necessary exercise of granting benefit may be undertaken by the respondents within a period of six weeks from the date of receipt of certified copy of this order and direction/observation issued in the case of Smt.Pushpa Bandela Vs. The State of Rajasthan

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& Anr.(supra) will apply mutatis mutandis to the case of the

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present petitioners.

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Accordingly, the present writ petition stands disposed of.