Kartar Rai Singhani Son of Shri Pessumal Raisinghani Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3211/2000

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Kartar Raisinghani Son of Shri Pessumal Raisinghani, aged about 80 years, resident of Plot no. 146, noney niwas, UIT Colony, Bhagwanganj, Ajmer, Rajasthan at present resident flat no. 201, second story, D-Block, Happitet city pulse Road, Gandhi Nagar, Gujrat (deceased through legal representative):-

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1/1. Smt. Roma Raisinghani (Wife) of Late Shri Kartar Raisinghani, aged about 76 years.

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1/2. Shri Harish Raisinghani (Son) of Late Shri Kartar Raisinghani, Aged About 46 Years.

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1/3. Miss Loveena Raisinghani (Daughter) of Late Shri Kartar Raisinghani, Aged About 38 Years. All are Residing At 201, Vedeka Habitat City, Pulse Road, Randesan Gandhinagar, Gujrat.

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----Petitioners

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Versus

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State of Rajasthan through director, Local Bodies, Behind Rajasthan High Court, Jaipur (Presently local self government department, G-3, Rajmahal residencial area, C-Scheme, Near Civil Lines, Phatak Jaipur.)

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Municipal Council, Ajmer, thorugh its Chairman Prithviraj Marg, Ajmer (Presently Nagar Nigam, Ajmer thorugh its Commissioner, Prithviraj Marg, Ajmer)

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Nagar Palika, Rajsamand, through its Chairman, Rajsamand (Presently Nagar Palika, Rajsamand through its Commissioner Near Zila Parishad Office, 100 Feet Road, Rajsamand)

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----Respondents

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For Petitioner(s) : Mr. Iliyas Khan For Respondent(s) : Mr. Chinmay Saksena Mr. Aditya Vardhan Pancholi

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JUSTICE ANOOP KUMAR DHAND

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Order

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05/02/2025

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The instant writ petition has been filed with the following

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prayer:-

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"It is, therefore, prayed that the Hon’ble Court may call for the entire record concerning the case and after examining the same, by issuing writ, order or direction.

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(i) declare the action of respondents in not paying the petitioner’s due amount and salary for the period 1994 to 1997 while he was on transfer as bad in law and the arrears be paid to him alongwith interest 18% p.a. (ii) further direct the respondents to pay the petitioner arrears of salary for the post of sanitary inspector Gr. I w.e.f. 10.02.1987 alongwith all consequential benefits. (iii) further direct the respondents No. 3 to pay the petitioner arrears of salary for the period spent on duty at Municipality, Rajsamand and also the arrears of TA/DA bills which are lying with them alongwith interest @ 18%.

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(iv) further direct the respondents to refix the salary of the petitioner and the petitioner’s pension be also directed to be refixed accordingly. (v) post retiral benefits including gratuity and other retiral benefits like earned leave be also paid according to the revised pay fixations alongwith arrears and interest. (vi) suitable compensation be also awarded in favour of the petitioner for the wrongful continuous harassment on the part of the respondents.

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(vii) any other order or direction as may be deemed fit and proper in the facts and circumstances of the present case may also be passed in favour of humble petitioner.

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(viii) cost of this writ petition may also be awarded in favour of humble petitioner.”

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By way of filing of the instant writ petition, the petitioners are seeking directions against the respondents for releasing the due amount of salary and arrears of the salary for the post of Assistant Sanitary Inspector along with the retiral benefits. The respondents have submitted an additional affidavit wherein, it has been submitted that all due benefits have already been granted to

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the petitioners way-back in the year 1999 & 2000, the complete description with regard to the status of the service of the petitioners and the payment made has been given in Para Nos.2 to 8 which reads was under:-

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“2. That the petitioner filed this writ petition, seeking, the direction for payment of salary for the period 1994 to 1997 for the post of Sanitary Inspector Grade-I and further sought the direction to re-fix his fixation including the gratuity and pension.

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That the petitioner was initially remained posted on various posts, temporarily like LDC, Meter Reader and Sanitary Inspector in the office of the answering respondent. The petitioner retired on 31.07.1999 after attaining the age of superannuation from the post of Sanitary/Health Inspector Grade-I.

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That after the retirement, the petitioner has been paid Rs. 10,336/- against his earned leave, 29 days as available in his account at the time of retirement vide bill no. 179 dated 08.05.1999. The petitioner has also been paid Rs. 1,83,100/- against his gratuity vide bill no. 127 dated 16.09.2000.

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That unfortunately the petitioner was died on 19.11.2022, as per provisions of Pension Rules 54A, after completion of 80 years of age 20% pension added in original pension and the arrear to the effect Rs. 584684/ has already been paid to the petitioner. After his death the family pension is being paid to his wife Smt. Roma Rai Singhani regularly vide order dated 24.02.2023.

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That the salary from September, 1994 to January, 1996 amounting Rs.72829/- has been paid to the petitioner. He has also been paid the difference of refixation from 24.01.1997 to 22.10.1997 amounting Rs. 11,968/- vide cheque no 701523 dated 15.05.1999, received from Rajsmand Municipality. He has also been paid Rs. 14,202/- vide bill dated 26.02.1998, amount received from Municipality Rajsamand through DD No 00459564 after deducting the commission of DD Rs 45/-.

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That the petitioner has paid Rs.61687/- as salary from 23.04.1996 to December, 1996 and from 01.01.1997 to 23.01.1997 and arrear of Rs.4115/- as different of pay, which has already been paid from 23.04.1996 to December, 1996.

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That the petitioner has paid the difference of salary as arrear Rs.2829/- for the period 04.09.1994 to 29.01.1996 and Rs.2581/- as salary arrear from 24.01.1997 to 31.10.1997. Rs. 16,978/- as arrear of

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difference of earned leave and salary from January, 1998 to December, 1998 and Rs. 10,990/- also paid as arrear of salary from January, 1999 to June, 1999.

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It is pertinent to mention hear that, in pursuant to the Hon'ble High Court's order dated 21.02.1990, passed in S.B. Civil Writ Petition No. 837/1979 and general body meeting of the answering respondent dated 12.01.1993, resolution no. 34, the petitioner was promoted as Sanitary Inspector Grade-I in pay scale 1400 to and 2600 was at fixed Rs. 1950/-equal/similar to Shyam Bihari, vide order dated 09.02 1993 from 20.02.1990. The petitioner has also been granted the second selection grade after completion of 18 years of service, vide order dated 25.01.1992 in pay scale 1640 to 2900 and further, after completion of 27 years of his service he had been further granted third selection grade in pay scale of 2000 to 3200 and made the fixation under the Rules, 1998 and granted the scale 6500 to 10,500 vide order dated 01.09.1996. Thus, all the dues of the petitioner and the post retiral dues has been paid to the petitioner as per his entitlement under the Rules.

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In view of the facts mentioned above nothing dues is remained against the answering respondent and all the benefits as mentioned above has been granted to the petitioner sought by him in writ petition. The family pension has continuously been paid to his wife Smt. Roma Rai Singhani, as such writ petition is liable to be dismissed being became infructuous, in the interest of Justice and law.”

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The aforesaid affidavit dated 02.04.2024 was submitted by the respondents in compliance of the order dated 03.03.2022 passed by this Court.

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A counter to the aforesaid affidavit has been submitted by the legal representatives of the petitioners but two specific denial have been mentioned with regard to the receipt of the due benefits. In the considered opinion of this Court, the relief sought for by the petitioner has been granted by the respondents. Hence, under the changed circumstances, no further cause of action survives with the petitioner to continue with this petition and

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under the changed circumstances, the instant petition has become infructuous.

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