Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 2891 (RAJ)

Lal Chand Sharma v. State of Rajasthan

2019-11-21

SANJEEV PRAKASH SHARMA

body2019
JUDGMENT : Sanjeev Prakash Sharma, J. 1. The petitioner has filed this writ petition praying for setting aside the order dated 19.2.2000 with direction to be given to the respondents to declare that the petitioner would be entitled to receive notional fixation of pay of promotional post vide order dated 2.4.1998. Consequential prayer has also been made by the petitioner. 2. I have considered the submissions and find that vide Annexure-1, the petitioner has been promoted against the vacancies of 1997-98 on the post of Deputy Director. However, the petitioner had retired in between on 31.8.1997 from the post of Assistant Director. Thus, the petitioner has been given promotion from the year 1997-98 and would only be entitled to receive the benefit with regard to the pension and retiral benefits. His pay would only be notionally fixed for the purpose of pensionary benefits. The claim for notional benefit from 1997 is found to be made out and the retiral benefits of the post of Deputy Director are required to be released in favour of the petitioner. 3. Counsel for the respondents states that they have filed reply. Although the reply is not available on record, however, reply was perused wherein it has been mentioned that the petitioner had retired on 31.8.1997 and thus, as on 31.3.1998 i.e. the last date of the year 1997-98, since the petitioner was not in service, he cannot be given notional benefit as the notional benefit is available only from 31.3.1998. 4. I have considered the submissions. 5. The law, in this regard, is well settled. The provisions of the Rajasthan Agricultural Service Rules, 1960 (hereinafter referred to as "the Rules of 1960") would govern the service conditions of the petitioner. As per the said Rules, year has been defined as 1st April of the said year being the financial year. Thus, if a person has been promoted against the vacancies of the year 1997-98, his record has to be considered as on 1st April, 1997 and the notional promotion accorded to the person by the D.P.C. conducted subsequently, would have to be effected from 1st April of the year for which promotion is granted retrospectively. The interpretation drawn by the respondents that the notional fixation would be from 31st March of the end of the year, is erroneous and contrary to the provisions of the Rules of 1960. The interpretation drawn by the respondents that the notional fixation would be from 31st March of the end of the year, is erroneous and contrary to the provisions of the Rules of 1960. It is to be noticed that the vacancies are to be determined as on 1st April of each year. Since 1997-98 vacancies would have to be treated as determined on 1st April, 1997, the notional fixation would be made from 1st April, 1997 and not from 31.3.1998. 6. In view thereof, the petitioner, who has retired on 31.8.1997, would be entitled for notional fixation of the post of Deputy Director from 1st April, 1997 and accordingly, his pension would be fixed on the post of Deputy Director from 1.9.1997. The gratuity and other benefits would also be accordingly fixed. The action of the respondents in denying the said benefits is held to be illegal and unjustified. Accordingly, the retiral benefits of the deceased petitioner would be re-fixed on the post of Deputy Director and arrears so calculated shall be released to the wife of the deceased petitioner i.e. petitioner number 1 - Smt. Kiran. However, interest on the said arrears shall be released @ 9% per annum as applicable under the Rajasthan Pension Rules, 1996. The writ petition stands allowed. No costs.