Dismissed

Hari Mohan Gurjar S/O Shri Prasadilal Gurjar v. State of Rajasthan

Rajasthan HC20 Feb 2024CCP/1221/2023

Case brief

AI extract

What is this about?

The Division Bench dismissed a civil contempt petition filed for non-compliance of an order dated 11.02.2022 regarding the petitioner's claim for selection grade. The court found no disobedience as the petitioner had not filed a representation or approached the appropriate forum before seeking contempt. The matter was dismissed.

What did the court decide?

Contempt petition dismissed as no disobedience was found; petitioner not barred from future remedies if error persists.

Hari Mohan Gurjar S/O Shri Prasadilal… — Pension and Retirement Benefits | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Contempt Petition No. 1221/2023

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Hari Mohan Gurjar S/o Shri Prasadilal Gurjar, Aged About 65 Years, R/o Village- Keshavpura, Tehsil- Hindaun, District Karauli, Rajasthan

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary Department Of Secondary Education, Secretariat, Jaipur

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Shri Bhuwan Bhaskar, Chief Engineer, Water Resource Department, Jyoti Nagar, Jaipur Rajasthan

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Shri Suresh Chand Kathaniya, Superintendent Engineer, Water Resource Department, Circle Jaipur, Near Mahaveer Cancer Hospital, Jaipur, Rajasthan

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Shri Kanaram, Director, Secondary Education Department Bikaner, Rajasthan

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Shri Bharat Lal Meena, District Education Officer Karauli (Secondary Student Institution) Karauli (Rajasthan)

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Shri Narain Lal Meena, Secretary, Department Of Secondary Education, Secretariat, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Chitransh Mathur For Respondent(s) :

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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20/02/2024

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Petitioner has preferred this civil contempt petition alleging that the order dated 11.02.2022 has not been complied with by the respondents and the relevant part of the order reads as under:-

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[CCP-1221/2023]

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(2 of 3)

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“Be that as it may counsel for the petitioner submitted that department has also not granted the selection grade from correct date i.e. after nine years from his semi-permanency which happened on 01.04.1982. Learned counsel for the petitioner pointed out that such scale up-gradation has been granted with effect from 01.09.1998 instead of 01.04.1991 which is the expectation of the petitioner. If that be so, the petitioner must choose the remedy in proper form before the appropriate forum.

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The petitioner being a lowly paid class-IV employee and not possessing sufficient means to pursue legal remedies time and again it is expected from the Government to look into the matter on its own and correct the error in granting the selection grade from the due date if so committed. With these observations this appeal is disposed of. If the Government fails to correct the error though detected, it would be open for the petitioner to agitate the question in accordance with law.”

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It is contended by counsel for the petitioner that petitioner was claiming selection grade from the date of his semipermanency which happened on 01.04.1982 but the respondents have granted scale up-gradation from 01.09.1998 instead of 01.04.1991.

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We have considered the contentions.

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Before the Division Bench a similar argument was raised and Division bench while disposing of Special Appeal Writ No. 326/2021 on 11.02.2022 observed that if the selection grade has

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[CCP-1221/2023]

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(3 of 3)

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been granted from 01.04.1982, petitioner must choose the remedy in proper form before the appropriate forum.

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It is an admitted position that petitioner has not submitted any representation nor has approached the appropriate forum. We do not find any disobedience being committed by the respondents in regard of the impugned order dated 11.02.2022, hence, the contempt petition is accordingly, dismissed.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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HEENA/05

Hari Mohan Gurjar S/O Shri Prasadilal Gurjar v. State of Rajasthan

Case brief

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What did the court decide?

Hari Mohan Gurjar S/O Shri Prasadilal Gurjar v. State of Rajasthan

Case brief

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