Disposed

Raichand Meena v. State of Rajasthan

Rajasthan HC14 Dec 2023CW/9041/2023

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What is this about?

Writ petition disposed applying precedents stating pay fixation benefits run from appointment date. Court directed department to determine effective regularization date and confer benefits from that date, with right to legal recourse for grievances.

What did the court decide?

Writ petition disposed in terms of Govind Dan Charan; department to determine effective regularization date and confer benefits; grievance redressal via legal recourse.

Raichand Meena Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:43683]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 9041/2023

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Raichand Meena S/o Late Shri Shonath, Aged About 68 Years, Village Kala Bhata, Amarwasi, Tehsil Jahajpur, District Bhilwara (Raj.).

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Smt. Sohan Devi W/o Late Shri Madan Lal Porwal, Aged About 78 Years, Old Hospital Road, Banera, District Bhilwara (Raj.).

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Bhairu Lal Sharma S/o Late Shri Hari Shankar Sharma, Aged About 44 Years, Cpo Kudia, Po Reed, Tehsil Kotri, District Bhilwara (Raj.).

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----Petitioners

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Versus

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1. State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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Director, Medical Health And Family Welfare Department, Sawasthya Bhawan, Jaipur.

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Additional Director (Admn.), Department Of Medical And Health, Swasthya Bhawan, Jaipur.

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Chief Medical And Health Officer, Bhilwara.

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----Respondents

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For Petitioner(s) : Mr. Pushkar Tamini. For Respondent(s) : Mr. K.S. Rajpurohit, AAG. Mr. Lucky Rajpurohit.

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HON'BLE MR. JUSTICE ARUN MONGA Order

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14/12/2023

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Learned counsel for both the parties are ad idem that controversy raised in the present petition is no more res integra since the same has already been adjudicated by the Apex Court in case title State of Rajasthan v. Jagdish Narain Chaturvedi: (2009) 12 SCC 49 i.e. the benefits of pay fixation and other consequential benefits arising therefrom are to be conferred w.e.f. the date of his appointment.

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Furthermore, even this Court subsequently had an occasion to deal with similarly situated employees of the Health and Family Welfare Department of State of Rajasthan in case title Govind Dan

[2023:RJ-JD:43683]

[CW-9041/2023]

(2 of 2)

Charan v. State of Rajasthan & Ors.: D.B. Civil Special Appeal (Writ) No.1068/2014 . The said Division Bench rendition has since attained finality as an SLP filed by the State against the same was dismissed by the Hon’ble Supreme Court vide an order dated 12.7.2016.

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In view of the aforesaid, coupled with the facts that both the learned counsel state that there no quibble that the case of the petitioner is squarely covered by the judgments ibid , I see no reason as to why benefit of the same be not accorded to the petitioner in the same terms.

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Accordingly, writ petition is disposed of in the same terms of judgment rendered in Govind Dan Charan ibid .

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In the parting, I may like to clarify that in case there is any dispute with regard to effective date of regularization of the petitioner, the Department, which is since ceased all service record of the petitioner, shall determine his effective date of regularization on the post, he was originally regularized / appointed. The department shall convey the same to the LRs of the petitioner (since deceased) and confer the benefits w.e.f. same date.

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Needless to say that in case the LRs of the petitioner have any grievance with regard to the date of regularization of the petitioner, they shall be at liberty to take legal recourse to the same.

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(ARUN MONGA),J

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2-Sumit/-

Raichand Meena v. State of Rajasthan

Case brief

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Raichand Meena v. State of Rajasthan

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