The High Court of Rajasthan allowed a writ petition relying on a coordinate bench decision to grant the petitioner pensionary benefits as a permanent employee, directing payment of arrears.
Petitioner entitled to pensionary benefits; arrears of pension to be paid within three months; interest at 12% per annum if delayed.
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[2023:RJ-JD:43085]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 97/2015
Badu
----Petitioner
Versus
Raj.civil Ser. Appl. Tri. , Jaipur And Ors
----Respondent
| For Petitioner(s) | : Mr. Govind Suthar. |
|---|---|
| For Respondent(s) | : Ms. Akanksha Choudhary for Ms. |
| Abhilasha Bora,AGC. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/12/2023
“The present petitions have been filed with the averments that the petitioners were workcharge employees at the initial stage but subsequently, they were made permanent and even absorbed in the State cadre. Therefore, they were entitled for the regular pensionary benefits.
Counsel submitted that the controversy is covered by the judgment passed by the co-ordinate Bench of this Court in S.B.C.W.P. No.5053/1993; Prabhakar Waghdare Vs. State of Raj. & Ors. decided on
(2 of 2)
[2023:RJ-JD:43085]
[CW-97/2015]
08.09.2005 and Division Bench judgment passed in D.B. Special Appeal No.1590/2014; State of Raj. & Ors. Vs. Bhagwan Giri decided on 15.01.2016.
Both the counsels agree to the fact that the controversy is covered by the above mentioned judgments.
In view of the ratio as laid down in the above judgments and in view of the submissions made, the present petitions are allowed, the impugned order dated 10.04.2014 passed by the Rajasthan Civil Services Appellate Tribunal is quashed and set aside and it is held that the petitioners are entitled for pensionary benefits as per the provisions of the Rajasthan Service Rules, 1951 and further as per the provisions of Rajasthan Civil Services (Pension) Rules, 1996.
Considering the entire services rendered by the petitioners, the complete arrears of the pension may be accorded to the petitioners within a period of 3 months from the date of receipt of copy of this judgment. If the same is not paid within the said period, the said amount would carry an interest @ 12% per annum. It is also directed that the petitioners be continued to be granted regular pension per month in future too.”
(DR. PUSHPENDRA SINGH BHATI), J.
307-/Jitender//-
1 issue framed by the court
Whether the petitioner is entitled to regular pensionary benefits as a permanent employee.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Badu
Raj.civil Ser. Appli. Tri.
Puspendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
