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2023 DIGILAW 1517 (RAJ)

Kartar Rai Singhani v. State of Rajasthan

2023-08-10

ANOOP KUMAR DHAND

body2023
ORDER : Anoop Kumar Dhand, J. Instant petition has been filed by the petitioner with the following prayer:- " It is therefore, most respectfully prayed that your Lordship may graciously be pleased to call for the entire record relating to service period of the petitioner and accept and allow this writ petition and ; 1) Respondents may kindly be directed to grant the pay scale of 9,18,27 and other retirement benefits and issue medical diary after his retirement. 2) Respondents may kindly be directed to release 13 days payment of suspension period to the petitioner. 3) Respondents may directed to punish those persons who made hurdles and granting the proper retirement benefits to the petitioner. 4) Any other order which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner. 2. At the outset, learned counsel for the respondents apprise this Court that the due benefit of selection scale on completion of 9, 18 and 27 years of service were granted to the petitioner and the petitioner has retired way back in the year 1999. Counsel submits that after a delay of 13 years, he has approached this Court seeking directions for release 13 days payment for the period of suspension. Counsel further submits that there is no provision under the Municipal Services Rules, 1963 for issuing any medical diary to the employees working with the local bodies. Counsel submits that in view of the submissions made hereinabove, the petitioner is not entitled to get any relief. Hence this petition is liable to be dismissed on the ground of delay and latches. 3. Considering the arguments raised by learned counsel for the respondents and looking to the fact that the benefits of selection scale on completion of 9, 18 and 27 years of services were extended to the petitioner and looking to the fact that there is no provision of issuing any medical diary to the persons working with the local bodies, hence the relief claimed by the petitioner cannot be granted by this Court. 4. This petition is found to be misconceived and the same is hereby dismissed. 5. Stay application and all application(s) (pending, if any) also stand dismissed.