Disposed

Bhagwati Lal v. Raj.Civil Ser. Appl. Tri. , Jaipur and Ors.

Rajasthan HC7 Dec 2023CW/99/2015

Case brief

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What is this about?

The Court disposed of a writ petition regarding pension eligibility. Relying on co-ordinate bench precedents establishing entitlement for absorbed workcharge employees, the Court directed the respondent tribunal to decide the representation within three months.

What did the court decide?

Direction to the respondents to decide the petitioner's representation regarding pension within three months, keeping the co-ordinate bench order in mind.

Bhagwati Lal Vs Raj.Civil Ser. Appl. Tri… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:42636]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 99/2015

Bhagwati Lal

----Petitioner

Versus

Raj.civil Ser. Appl. Tri. , Jaipur And Ors

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----Respondent

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For Petitioner(s)	: Mr. Govind Suthar.
For Respondent(s)	: Ms. Abhilasha Bora, AGC.
	Mr. Manish Tak,Dy. G.C.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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07/12/2023

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Learned counsel for the parties jointly submit that the issue involved in the present writ petition is squarely covered by the order passed by a Coordinate Bench of this Hon’ble Court in the matter of Smt. Kamla Vyas Vs. Rajasthan Civil Services Appellate Tribunal & Ors. (S.B. Civil Writ Petition No.212/2015) , decided on 14.02.2022 alongwith other connected matters. The order dated 14.02.2022 reads as follows:-

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“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.

(2 of 3)

[2023:RJ-JD:42636]

[CW-99/2015]

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 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.

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Both the counsels agree to the fact that the controversy is covered by the above mentioned judgments.

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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.

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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.”

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Since learned counsel for the respondents are not disputing the aforesaid order and submits that it is covering the dispute in question.

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In view of the above, the present petition is disposed of with a direction to the respondents to decide the representation of the

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(3 of 3) [CW-99/2015]

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[2023:RJ-JD:42636]

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petitioner while keeping into consideration of the order passed in Smt. Kamla Vyas (Supra) within a period of three months from receiving the certified copy of this order, strictly in accordance with law. All pending applications, if any, stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J

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115-/Jitender//-

Bhagwati Lal v. Raj.Civil Ser. Appl. Tri. , Jaipur and Ors.

Case brief

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Bhagwati Lal v. Raj.Civil Ser. Appl. Tri. , Jaipur and Ors.

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