Rajasthan High Court - Jodhpur
Nirmal Kumar Jain vs Nuclear Power Corp. Of India (Npcil) ... on 7 November, 2024
[2024:RJ-JD:44907]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12953/2021
Nirmal Kumar Jain S/o Late Sh. Dharmchand Jain, Aged About
60 Years, 42, Pratap Nagar, Charbhuja, Rawatbhata, District
Chittorgarh.
----Petitioner
Versus
1. Nuclear Power Corp. Of India (Npcil), Through Its
Chairman And Managing Director, Nabhikiya Urja Bhawan,
Anushakti Nagar, Mumbai - 400094.
2. The Director, Human Resources (Hr), Nuclear Power
Corporation Of India Ltd. (Npcil) Nabhikiya Urja Bhawan,
Anushakti Nagar, Mumbai - 400094.
3. The Site Director, Rajasthan Atomic Power Station, Unit-1
To 8, Nuclear Power Corporation Of India Ltd. (Npcil),
Rawatbhata, Rajasthan Site, P.o. Anushakti, Via-Kota.
4. The Station Director, Rajasthan Atomic Power Station,
Unit- 3 And 4, Nuclear Power Corporation Of India Ltd.
(Npcil), Rawatbhata, Rajasthan Site, P.o. Anushakti, Via-
Kota.
5. The Head, Human Resources (Hr), Rajasthan Atomic
Power Station, Unit-1 To 8, Nuclear Power Corporation Of
India Ltd. (Npcil), Rawatbhata, Rajasthan Site, P.o.
Anushakti, Via-Kota.
6. The Senior Manager, Human Resources (Hr), Rajasthan
Atomic Power Station, Unit-1 To 8, Nuclear Power
Corporation Of India Ltd. (Npcil), Rawatbhata, Rajasthan
Site, P.o. Anushakti, Via-Kota.
7. Sh. Rajeev Dudhe, Head, Human Resources (Hr),
Rajasthan Atomic Power Station, Unit-1 To 8, Nuclear
Power Corporation Of India Ltd. (Npcil), Rawatbhata,
Rajasthan Site, P.o. Anushakti, Via-Kota.
----Respondents
For Petitioner(s) : Mr. Ramindra Singh Saluja.
For Respondent(s) : Ms. Sanjay Nahar.
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[2024:RJ-JD:44907] (2 of 3) [CW-12953/2021]
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral) 07/11/2024
1. Grievance of the petitioner herein arises out of the orders/letters dated 13.08.2021 (Annex.5), dated 24.08.2021 (annex.10) and 28.08.2021 (Annex.16), vide which, Rs.14,30,052/- from the petitioner's Gratuity and Provident Fund has been deducted.
2. At the very outset, learned counsel for the petitioner submits that the issue involved herein is squarely covered by the judgment/order passed by the co-ordinate Benches of this Court in the cases of Brijesh Pant Vs. The Nuclear Power Corporation of India & Ors.: S.B. Civil Writ Petition No. 8110/2024, decided on 08.10.2024 and Sanjay Sanger Vs. The Nuclear Power Corporation of India & Ors.: S.B. Civil Writ Petition No. 9412/2023, decided on 30.08.2024.
3. On a query of the Court, learned counsel appearing for the respondents does not dispute the applicability of the aforesaid judgments to the facts pleaded by the petitioner therein. He however submits that the only distinction in the aforesaid judgments is that there were no impugned order(s) against those petitioners and the petitioners were directed to file appropriate representations which were accepted subsequently by the administration of the respondents.
4. In the premise, since the case of the petitioner is pari materia with his counterparts whose representations were accepted by the respondents, I see no reason as to why the (Downloaded on 12/11/2024 at 09:34:42 PM) [2024:RJ-JD:44907] (3 of 3) [CW-12953/2021] petitioner herein be also not meted out with the same treatment on the ground of parity.
5. Accordingly, the writ petition is allowed. Impugned orders/ letters, as referred above, are set aside with consequences to follow. Recovered amount be refunded back to the petitioner with 6% interest to be calculated with effect from date of recovery, within 60 days.
(ARUN MONGA),J 139-Mohan/-
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