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2023 DIGILAW 1801 (RAJ)

Rupa Ram Nayak S/o Shri Mohan Lal v. State Of Rajasthan

2023-09-20

DINESH MEHTA

body2023
ORDER : 1. By way of these writ petitions, the petitioners have challenged the order passed by the respondents (dated 01.02.2019/15.06.2020/11.06.2020 impugned in each writ petition and the consequential orders), whereby the respondents have reviewed the earlier order by which actual/notional benefits were granted to the petitioners. By way of impugned order the recovery of the amount paid in excess has also been initiated. 2. Learned counsel for the petitioners submitted that the petitioners have not mislead or misrepresented and benefits which were granted to them by the respondent – State was in accordance with law. It was submitted that the issue involved in these writ petitions has already been set at rest by the co-ordinate Bench of this Court vide its judgment dated 13.08.2019 in the case of Dal Chand Jat vs. The State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 3063/2019. 3. Ms. Bhawna Jangid, learned counsel for the respondents submitted that an appeal has been preferred by the State against the judgment in the case of Dal Chand Jat (supra) and the same is pending consideration and therefore, the present writ petition be kept pending. 4. However, learned counsel for the respondents was not in a position to dispute the position of law, as has been settled by this Court in the case of Dal Chand Jat (supra). 5. Having heard learned counsel for the parties and considering the submissions made at the bar, this Court is of the view that no fruitful purpose would be served by keeping these matters pending, particularly when interim order(s) have been passed in petitioners’ favour by this Court. 6. In the case of Dal Chand Jat (supra), this Court has held thus: “After hearing counsel for the parties and perusing record of the case, this Court finds that the purport of the case law mentioned above are that the petitioners, who were equally entitled and eligible to be appointed on the post of Teacher Gr.-III where out of advertisement of 2012-2013 at level I and level II for various subjects are to be treated at par with each other. The discrimination on account of joining duties due to various bone of contentions relating to eligibility and qualifications have been nullified by aforesaid judgments, including in the case of Hemlata Shrimali (supra) and since all the candidates who are now found eligible and as per existing case law and the judgments of the Apex Court, they have to be treated at par with each other. There cannot be any doubt regarding expressions made by this Court in the previous litigation that these all the petitioners who stand in merit and who have qualified 2012-2013 recruitment for the post of Teacher Grade-III would be entitled for the notional benefits for the purpose including pay fixation and seniority from the date their equivalent or lesser merit person in that phase of recruitment was given such benefits. This Court also finds that focal averment raised by the respondents that no monetary benefits can be accorded to the petitioners for the period when they were not actually discharging services, is also a consistently answered in the precedent of law laid down by this Court. Thus, taking strength from the same precedent of law as cited by counsel for the parties, these petitions are disposed off with a direction to the respondents that petitioners shall be paid the notional benefits, including benefits of seniority and pay fixation from the stage when the appointment of persons at the same or lesser merit were appointed. However, no monetary benefits where the petitioners not having discharged actual services would be payable. Needless to say that any notional fixation or any notional benefits which has resulted into current payment and current position where the petitioners are discharging their services, shall not be recovered and shall be continued to be paid. In view of the aforesaid, it is directed that no recovery in line with the aforesaid observations be made from the petitioners.” 7. In view of the aforesaid, these writ petitions are allowed. 8. The impugned order dated 11.06.2020 and consequential order of recovery in each of the writ petition are hereby quashed and set aside qua the petitioner(s). 9. Stay applications also stand disposed of, accordingly.