Rajasthan High Court - Jaipur
State Of Rajasthan vs Smt. Dheeraj Kanwar Wife Of Late Shri ... on 28 July, 2020
Bench: Sabina, Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Special Appeal (Writ) No. 281/2020
In
S. B. Civil Writ Petition No. 9482/2010
1. State of Rajasthan, through Secretary, Social Justice and
Empowerment Department, Govt. of Rajasthan, Secretariat,
Jaipur.
2. Director, Social Justice and Empowerment Department,
Government of Rajasthan, Jaipur.
----Respondents-Appellants
Versus
1. Smt. Dheeraj Kanwar Wife of Late Shri Govind Singh, at present working as Cook at Rajkiya Anusuchit Jati Chhatrawas Unhail Nageshwar District Jhalawar.
2. Smt. Poonna Bai Wife of Shri Ramsingh, at present working as Cook at Rajkiya Anusuchit Jati Chhatrawas Unhail Nageshwar District Jhalawar.
3. Smt. Shanti Bai Wife of Late Manaji Nayak, at present working as Cook at Rajkiya Viyukt Jati Chhatrawas Chomhela, Resident of Hanuman Gali, Chomhela, District Jhalawar (Raj.).
----Respondents-Writ Petitioners For Appellants : Mr. Ganesh Meena Additional Advocate General.
For Respondents : Mr. K.C. Sharma Advocate.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE PRAKASH GUPTA Judgment 28/07/2020 Appellant-State has filed the appeal challenging the order dated 22.07.2019 passed by the learned Single Judge, whereby, writ petition filed by the respondents was partly allowed.
Learned State Counsel has submitted that the learned Single Judge has erred in holding that the respondents were entitled for grant of minimum of pay scale of Cook from the date of initial (Downloaded on 30/07/2020 at 09:24:10 PM) (2 of 3) [SAW-281/2020] appointment and the actual payment shall be granted from the date of filing of the writ petition.
Learned counsel for the respondents has opposed the appeal and has submitted that the writ petition filed by the respondents had been partly allowed in terms of decision given in Anokha Bai Vs. State of Rajasthan & Others, (S. B. Civil Writ Petition No. 372/2013 and other connected writ petitions decided on 25.04.2017). The decision of the learned Single Judge was upheld up to the Supreme Court and the necessary relief was released to Anokha Bai and others.
S. B. Civil Writ Petition No. 372/2013 Anokha Bai Vs. State of Rajasthan & Others and other connected writ petitions were allowed by learned Single Judge of this Court vide order dated 25.04.2017. It was held by the learned Single Judge as under:
"In the light of the discussion made above, I am inclined to accept the prayer made by the petitioners for grant of wages at the rate of minimum of the pay scale for the post of Cook and Watchman while denying the benefit of regularisation sought by them, as otherwise not pressed by the petitioners.
All the writ petitions are accordingly allowed with the direction to the respondents to pay wages to the petitioners at the rate of minimum of the pay scale. The benefit aforesaid would be given to the petitioners from the date of pronouncement of the judgment.
The compliance of this judgment would be made by the respondents within a period of four months from the date of receipt of copy of this order."
It has been admitted during the course of arguments that the order dated 25.04.2017 was upheld up to the Supreme Court and the said order has been duly complied with. Hence, respondents were similarly situated as Anokha Bai and others and are also entitled for the same relief.
Learned Single Judge, while partly allowing the writ petition filed by the respondents has held as under: (Downloaded on 30/07/2020 at 09:24:10 PM)
(3 of 3) [SAW-281/2020] "6. Accordingly, it is held that the petitioners would be entitled to grant of minimum of the pay scale of Cooks from the date of initial appointment. The amount shall be fixed notionally from the said date. The actual payment shall be granted from the date filing the writ petition. If the regular selection scale is granted for the post of cooks is conducted, the petitioners shall be considered on priority.
7. The writ petition is partly allowed." There is force in the argument raised by learned State Counsel that at the most, writ petition filed by the respondents could have been partly allowed in the terms of the decision given in Anokha Bai (supra). However, the learned Single Judge erred in granting actual payment from the date of filing of the writ petition, whereas, in the case of Anokha Bai (supra), learned Single Judge had granted actual benefit to the petitioners therein from the date of pronouncement of judgment.
Accordingly, order passed by the learned Single Judge is modified to the extent that the writ petition filed by the respondents/petitioners is partly allowed with the direction that the appellants-State shall pay wages to the respondents/petitioners at the rate of minimum of the pay scale and the actual benefit would be given to the respondents/petitioners from the date of pronouncement of the judgment by the learned Single Judge, i.e., 22.07.2019.
Appeal stands disposed of accordingly. Compliance of this judgment be made by the appellants within a period of four months from the date of receipt of copy of this judgment.
(PRAKASH GUPTA),J (SABINA),J
MANOJ NARWANI /20
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