Allowed

Smt. Sunita Kanwar Wife of Late Shri Dashrath Singh v. State of Rajasthan

Rajasthan HC8 Nov 2023CW/894/2021

Case brief

AI extract

What is this about?

This bench allowed eight consolidated writ petitions regarding government employees (Cooks, Watchmen, Security Guards, Sweepers) working in Hostel and Grih facilities. Relying on the Co-ordinate Bench judgment in Asha Bai, the court granted minimum pay scale wages from the date of the order, expressly excluding regularization.

What did the court decide?

Payment of wages to petitioners at the rate of minimum pay scale from 08.11.2023; compliance within four months.

Smt. Sunita Kanwar Wife of Late Shri… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:34243]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 924/2021

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Smt Kavita Panwar Wife Of Shri Daulat Singh, Aged About 42 Years, Resident Of 13, Modi Mohallah, Singhbhoomi, Lohagal, Ajmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Social Justice And Empowerment, Government Secretariat, Jaipur.

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The Director, Department Of Social Justice And Empowerment, Government Of Rajasthan, Jaipur

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The Superintendent, Rajkiya Balika Grih, Department Of Social Justice And Empowerment, Lohagal, Distt. Ajmer.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 14629/2020

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Rakesh Kumar Meena S/o Shri Latoor Lal Meena, Aged About 28 Years, R/o Village Narayanpura, Teh. Pipalda Dist Kota - Presently Working As Part Time Guard In Government Ambedkar Hostel Mala Road, Kota District Kota

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Smt. Rukmani W/o Shri Ram Singh, R/o Village Bamori Kalan, Baran District Baran - Presently Working As Cook In Government Ambedkar Hostel, Tagore Nagar, Kota

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Social Justice And Empowerment, Government Of Rajasthan, Govt. Secretariat, Jaipur

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Director, Social Justice And Empowerment, Government Of Rajasthan, Near 22 Godown Bridge, Jaipur

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District Officer / Deputy Director, Social Justice And Empowerment, Govt. Of Rajasthan, Kota

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District Officer / Deputy Director, Social Justice And Empowerment, Govt. Of Rajasthan, Baran

----Respondents

(2 of 7)

[2023:RJ-JP:34243]

[CW-924/2021]

S.B. Civil Writ Petition No. 14630/2020

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Ram Singh Gaucher S/o Shri Sitaram Gaucher, Aged About 25 Years, R/o Village Bamori Kalan, Tehsil Mazngrol Ditrict Baran Presently Working As Guard In Government Ambedkar Obc Hostel, Tagore Nagar, Kota

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Jitendra S/o Shri Jagdish, R/o Village Jorawarpura, Tehsil Itawah Kota Presently Working As Guard In Government Ambedkar Hostel, Bapawar District Kota

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Ramshankar Bairwa S/o Shri Bachhulal, R/o Village Keshopura, Tehsil Pipalda District Kota - Presently Working As Cook In Government Ambedkar Hostel, Itawah District Kota

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Social Justice And Empowerment, Government Of Rajasthan, Govt. Secretariat, Jaipur

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Director, Social Justice And Empowerment, Government Of Rajasthan, Near 22 Godown Bridge, Jaipur

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District Officer / Deputy Director, Social Justice And Empowerment, Govt. Of Rajasthan, Kota

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----Respondents

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S.B. Civil Writ Petition No. 890/2021

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Smt. Amita Panwar Wife Of Shri Narain Singh, Aged About 37 Years, Resident Of Opposite Pradeep Paltry Farm, Singhbhoomi, Modi Mohallah, Lohagal, Ajmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Social Justice And Empowerment, Government Secretariat, Jaipur.

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The Director, Department Of Social Justice And Empowerment, Government Of Rajasthan, Jaipur.

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The Superintendent, Government Balika/ Shishu Grih, Department Of Social Justice And Empowerment, Lohagal, Distt. Ajmer.

----Respondents

(3 of 7)

[2023:RJ-JP:34243]

[CW-924/2021]

S.B. Civil Writ Petition No. 894/2021

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Smt. Sunita Kanwar Wife Of Late Shri Dashrath Singh, Aged About 41 Years, Resident Of Grass Godown Wali Gali, Lohagal, Distt. Ajmer, Presently Working As Security Guard At Balika Grih, Lohagal, Distt. Ajmer.

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Smt. Basanti Devi Wife Of Shri Khem Raj, Resident Of 992/51 Masjid Wali Gali, Nayi Basti, Loha Khan Tempo Stand, Ajmer, Presently Working As Sweeper At Balika Grih, Lohagal, Distt. Ajmer.

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Smt. Mithlesh Patel Wife Of Shri Ranjeet Patel, Resident Of Near Gyan Kiran Public School, Jai Ambey Colony, Lohagal, Distt. Ajmer, Presently Working As Cook At Balika Grih, Lohagal, Distt. Ajmer.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Social Justice And Empowerment, Government Secretariat, Jaipur.

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The Director, Department Of Social Justice And Empowerment, Government Of Rajasthan, Jaipur.

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The Superintendent, Government Balika / Shishu Grih, Department Of Social Justice And Empowerment, Lohagal, Distt. Ajmer.

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----Respondents

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S.B. Civil Writ Petition No. 898/2021

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Smt. Sangeeta Dubey Wife Of Shri Shiv Ratan Dubey, Aged About 50 Years, Resident Of Naari Niketan Gali, Lohagal, Distt. Ajmer, Presently Working As Security Guard At Naari Niketan, Lohagal, Distt. Ajmer.

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Smt. Pushpa Wife Of Late Shri Gyan Chand Meghwanshi, Resident Of Lohagal, Distt. Ajmer, Presently Working As Security Guard At Naari Niketan, Lohagal, Distt. Ajmer.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Social Justice And Empowerment, Government Secretariat, Jaipur.

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The Director, Department Of Social Justice And

(4 of 7)

[2023:RJ-JP:34243]

[CW-924/2021]

Empowerment, Government Of Rajasthan, Jaipur.

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The Superintendent, Naari Niketan, Department Of Social Justice And Empowerment, Ajmer.

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The Superintendent, Government Balika / Shishu Grih, Department Of Social Justice And Empowerment, Lohagal, Distt. Ajmer.

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----Respondents

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S.B. Civil Writ Petition No. 919/2021

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Ms. Farhana Khan Daughter Of Shri Kifayat Ullah Khan, Aged About 32 Years, Resident Of 715/51, Near Sunni Jama Masjid, New Basti, Loha Khan, Ajmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Social Justice And Empowerment, Government Secretariat, Jaipur.

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The Director, Department Of Social Justice And Empowerment, Government Of Rajasthan, Jaipur.

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The Superintendent, Government Balika/shishu Grih, Department Of Child Empowerment, Lohagal, Distt. Ajmer.

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----Respondents

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S.B. Civil Writ Petition No. 922/2021

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Smt. Premlata Wife Of Shri Brijraj Singh Chouhan, Aged About 47 Years, Resident Of Plot No. 2, Gali No. 10, Ashok Vihar Colony, Behind Shiv Mandir, Gaddi Maliyan, Distt. Ajmer, Presently Working As Security Guard At Shishu Grih, Lohagal, Distt. Ajmer.

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Smt. Kaushalya Devi Wife Of Late Shri Suresh, Resident Of 3145, Jaluthriya Mohallah, Ward No. 6, Palsaniya Road, Nasirabad, Distt. Ajmer, Presently Working As Security Guard At Shishu Grih, Lohagal, Ajmer.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Social Justice And Empowerment, Government Secretariat, Jaipur.

(5 of 7)

[2023:RJ-JP:34243]

[CW-924/2021]

The Director, Department Of Social Justice And Empowerment, Government Of Rajasthan, Jaipur.

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The Superintendent, Government Balika/ Shishu Grih, Department Of Social Justice And Empowerment, Lohagal, Distt. Ajmer.

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----Respondents

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For Petitioner(s)	: Mr. Shashi Kant Saini.
For Respondent(s)	: Mr. Nalin G. Narain.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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08/11/2023

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Counsel for the petitioner submits that the issue involved in these writ petitions have been considered and decided by the Coordinate Bench of this court in the matter of Asha Bai & Ors. Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No.2187/2020) decided on 21.09.2023, wherein it has been held as under:-

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“The instant writ petition has been filed by the petitioners for seeking a direction to grant them benefit of minimum pay scale of Class-IV employees from the date, they were initially appointed. Learned counsel for the petitioners submitted that the issue with regard to grant of minimum pay scale of Class-IV employees in respect of similarly situated persons was initially decided by this Court in the case of Anokh Bai Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.372/2013) and other connected writ petitions decided on 25.04.2017. Learned counsel for the petitioners Ms.Nidhi Sharma further submitted that the Coordinate Bench of this Court in S.B. Civil Writ Petition No.19349/2017 (Mohan Prakash Vs. State of Rajasthan & Ors.) again considered the issue and granted benefit, as was given in the case of Anokh Bai (Supra).

(6 of 7)

[2023:RJ-JP:34243]

[CW-924/2021]

Learned counsel appearing for the respondents Mr. Nalin G.Narain AGC does not dispute the fact of passing of the order in the case of Anokh Bai (supra).

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This Court, in view of the decision which has already been rendered, deems it proper to allow the present writ petition and prayer of the petitioners is accepted to the extent of grant of minimum of pay scale for the post of Cook and Watchman.

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This Court deems it proper to quote operative portion of the judgment passed in the case of Anokh Bai (Supra), which reads as under:-

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“In the light of the discussion made above, I am inclined to accept the prayer made by the petitioners for grant of wages at the rate of minimum of pay scale for the post of Cook and Watchman while denying the benefit of regularization sought by them, as otherwise not pressed by the petitioners.

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All the writ petitions are accordingly allowed with the direction to the respondents to pay wages to the petitioners at the rate of minimum f pay scale. The benefit aforesaid would be given to the petitioners from the date of pronouncement of the judgment.

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The compliance of this judgment would be made by the respondents within a period of four months from the date of receipt of copy of this order.”

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This Court, accordingly allows the present writ petition and the petitioners would be entitled for such benefits from the date of passing of the order.

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The compliance of the order will be made by the respondents within a period of two months from the date of receipt of copy of this order.”

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Counsel for the respondents has not disputed the submissions made by the counsel for the petitioners.

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In that view of the matter, these writ petitions stand allowed in view of the judgment passed by the Co-ordinate Bench of this court in the matter of Asha Bai (supra).

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The respondents are directed to pay wages to the petitioners at the rate of minimum pay scale and the aforesaid benefits would

[2023:RJ-JP:34243]

[CW-924/2021]

(7 of 7)

be given to the petitioners from today i.e. 08.11.2023 and the compliance of the order would be made by the respondents within a period of four months from the date of receipt of certified copy of this order.

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All the pending applications stand disposed off.

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(INDERJEET SINGH),J

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MG/105-112

Smt. Sunita Kanwar Wife of Late Shri Dashrath Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Sunita Kanwar Wife of Late Shri Dashrath Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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